PRINTER'S NO. 1326
No. 1162 Session of 1991
INTRODUCED BY GEIST, NOYE, MELIO, TRELLO, VEON, SERAFINI, BUNT,
BILLOW, HALUSKA, CIVERA, COLAFELLA AND E. Z. TAYLOR,
APRIL 17, 1991
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 17, 1991
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 reenacted and amended, "An act defining the liability of an
3 employer to pay damages for injuries received by an employe
4 in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder; and
7 prescribing penalties," providing for employer retaliatory
8 actions.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of June 2, 1915 (P.L.736, No.338), known
12 as The Pennsylvania Workmen's Compensation Act, reenacted and
13 amended June 21, 1939 (P.L.520, No.281), is amended by adding a
14 section to read:
15 Section 501.1. (a) No employer may discharge, or otherwise
16 discriminate against an employe because such employe has
17 exercised, or has made known an intention to exercise, any
18 rights under this act or because the employe has sustained an
19 injury which results, upon recovery, in a non-job-related
20 handicap or disability.
1 (b) If a referee or the board determines that a violation of
2 this section has occurred, the referee or the board may order
3 reinstatement of the employe with no loss of seniority, order
4 payment of back wages, order reinstatement of fringe benefits
5 and penalize the employer under subsection (d) of section 435.
6 (c) It shall be a defense to an alleged violation under this
7 section if the employer shows by sufficient, competent and
8 substantial evidence that the action by the employer occurred
9 for separate and legitimate reasons, which are not merely
10 pretextual.
11 (d) Nothing in this section shall be construed to require an
12 employer to provide compensation and benefits in excess of the
13 compensation and benefits required by this act: Provided,
14 however, That any person receiving compensation under subsection
15 (a) of section 306 shall be provided by the employer with the
16 same fringe benefits as that of a fellow employe in employment
17 similar to that in which the injured employe was engaged at the
18 time of the injury for a period of not less than one (1) year
19 from the date of the disability. For purposes of this
20 subsection, the term "fringe benefits" shall mean health, eye,
21 dental and prescription insurance or other similar benefit
22 programs.
23 Section 2. This act shall take effect in one year.
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