HOUSE AMENDED
PRIOR PRINTER'S NO. 300 PRINTER'S NO. 1298
No. 307 Session of 1997
INTRODUCED BY KASUNIC, ARMSTRONG, STOUT, RHOADES, COSTA,
STAPLETON, SCHWARTZ, HART, HELFRICK, AFFLERBACH, O'PAKE AND
BELAN, JANUARY 29, 1997
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 22, 1997
AN ACT
1 Prohibiting termination and discipline of an employee for
2 failing to report to work during a state of emergency; and
3 providing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Discipline." The taking of any action against an employee
11 which adversely affects his regular pay, his job status or
12 opportunity for promotion or his right to any benefit granted by
13 the employer to other similarly situated employees.
14 Section 2. Termination or discipline of employees.
15 An employer may not terminate or discipline an employee for
16 failing to report to work due to a closure of the roads in the
17 county of the employer's place of business or the county of the
1 employee's residence resulting from a state of emergency
2 declared by a governmental body THE GOVERNOR UNDER 35 PA.C.S. § <--
3 7301 (RELATING TO GENERAL AUTHORITY OF GOVERNOR) OR 75 PA.C.S. §
4 6108 (RELATING TO POWER OF GOVERNOR DURING EMERGENCY).
5 Section 3. Payment not required.
6 An employer shall not be required to pay an employee for a
7 work day on which the employee fails to report to work due to
8 road closures.
9 Section 4. Penalties. <--
10 (a) Pay.--An employer who violates this act shall reimburse
11 employees for the monetary losses resulting from any discipline.
12 (b) Court costs.--If an employer is adjudicated of violating
13 this act, the employer shall be liable for all attorney fees and
14 court costs.
15 SECTION 4. REMEDIES. <--
16 (A) CIVIL ACTION.--AN EMPLOYEE MAY BRING AN ACTION AGAINST
17 AN EMPLOYER FOR A VIOLATION OF SECTION 2.
18 (B) LIMITATION.--NOTWITHSTANDING 42 PA.C.S. § 5524(7)
19 (RELATING TO TWO YEAR LIMITATION), AN ACTION UNDER THIS SECTION
20 MUST BE COMMENCED WITHIN 90 DAYS OF THE DATE THE CAUSE OF ACTION
21 ARISES.
22 (C) ELEMENTS.--TO RECOVER UNDER THIS SECTION, AN EMPLOYEE
23 MUST PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT THE EMPLOYER
24 INTENTIONALLY AND KNOWINGLY VIOLATED SECTION 2.
25 (D) DEFENSE.--IT SHALL BE A DEFENSE TO AN ACTION UNDER THIS
26 SECTION IF THE EMPLOYER PROVES BY A PREPONDERANCE OF THE
27 EVIDENCE THAT THE ACTION BY THE EMPLOYER OCCURRED FOR A
28 LEGITIMATE REASON SEPARATE FROM THE FAILURE TO REPORT UNDER
29 SECTION 2.
30 (E) RELIEF.--IF AN EMPLOYEE IS SUCCESSFUL IN AN ACTION UNDER
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1 THIS SECTION, THE COURT MAY ORDER ANY OF THE FOLLOWING:
2 (1) AN INJUNCTION ORDERING THE EMPLOYER TO:
3 (I) REVOKE THE DISCIPLINARY ACTION OR PENALTY; AND
4 (II) IF NECESSARY, REINSTATE THE EMPLOYEE.
5 (2) DAMAGES IN THE AMOUNT OF WAGES AND BENEFITS LOST
6 FROM THE TIME OF THE VIOLATION TO THE TIME OF COMPLIANCE WITH
7 THE INJUNCTION UNDER PARAGRAPH (1).
8 (F) COSTS AND FEES.--IF AN EMPLOYEE IS SUCCESSFUL IN AN
9 ACTION UNDER THIS SECTION, THE COURT MAY AWARD THE EMPLOYEE
10 COURT COSTS AND REASONABLE ATTORNEY FEES.
11 Section 5. Applicability.
12 This act shall not affect drivers of emergency vehicles,
13 police, emergency service personnel, hospital and nursing home
14 staffs, pharmacists, essential health care professionals, public
15 utility personnel, road crews and oil and milk truck delivery
16 personnel.
17 Section 6. Effective date.
18 This act shall take effect in 60 days.
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