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                                                       PRINTER'S NO. 488

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 441 Session of 2007


        INTRODUCED BY ORIE, PUNT, COSTA, KITCHEN, FONTANA, TARTAGLIONE,
           C. WILLIAMS, WASHINGTON, STACK, LOGAN, WOZNIAK, MELLOW,
           RAFFERTY AND WONDERLING, MARCH 14, 2007

        REFERRED TO LABOR AND INDUSTRY, MARCH 14, 2007

                                     AN ACT

     1  Establishing the Victims of Domestic Violence Employment Leave
     2     Act.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Victims of
     7  Domestic Violence Employment Leave Act.
     8  Section 2.  Legislative findings.
     9     The General Assembly finds and declares as follows:
    10         (1)  Domestic violence affects many persons without
    11     regard to age, race, educational level, socioeconomic status,
    12     religion or occupation.
    13         (2)  Domestic violence is a crime that has a devastating
    14     effect on families, communities and the workplace.
    15         (3)  Domestic violence impacts productivity,
    16     effectiveness, absenteeism and employee turnover in the
    17     workplace.


     1         (4)  The National Crime Survey estimates that 175,000
     2     days per year are missed from paid work due to domestic
     3     violence.
     4         (5)  The study also found that 56% of the victims were
     5     late for work at least five times a month, 28% of the victims
     6     had to leave work early at least five times a month and 54%
     7     missed at least three days a month, all due to domestic
     8     violence.
     9         (6)  Victims of domestic violence may be vulnerable at
    10     work when trying to end an abusive relationship because the
    11     workplace may be the only place where the perpetrator knows
    12     to contact the victim.
    13         (7)  Employers must be sensitive to the needs of
    14     employees who are experiencing domestic violence and be
    15     responsive to those needs through personnel leave and
    16     benefits policies.
    17         (8)  Employees who commit acts of domestic violence at or
    18     from the workplace should be disciplined in the same manner
    19     as employees who commit other acts of violence or harassment
    20     from the workplace.
    21  Section 3.  Definitions.
    22     The following words and phrases when used in this act shall
    23  have the meanings given to them in this section unless the
    24  context clearly indicates otherwise:
    25     "Domestic violence."  The occurrence of one or more of the
    26  following acts between family or household members, sexual or
    27  intimate partners or persons who share biological parenthood:
    28         (1)  Attempting to cause or intentionally, knowingly or
    29     recklessly causing bodily injury, serious bodily injury,
    30     rape, involuntary deviate sexual intercourse, sexual assault,
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     1     statutory sexual assault, aggravated indecent assault,
     2     indecent assault or incest with or without a deadly weapon.
     3         (2)  Placing another in reasonable fear of imminent
     4     serious bodily injury.
     5         (3)  The infliction of false imprisonment pursuant to 18
     6     Pa.C.S. § 2903 (relating to false imprisonment).
     7         (4)  Physically or sexually abusing minor children,
     8     including such terms as defined in 23 Pa.C.S. Ch. 63
     9     (relating to child protective services).
    10         (5)  Knowingly engaging in a course of conduct or
    11     repeatedly committing acts toward another person, including
    12     following the person, without proper authority, under
    13     circumstances which place the person in reasonable fear of
    14     bodily injury. The definition of this paragraph applies only
    15     to proceedings commenced under this act and is inapplicable
    16     to any criminal prosecutions commenced under 18 Pa.C.S.
    17     (relating to crimes and offenses).
    18     "Eligible employee."  An individual who:
    19         (1)  has been employed for at least 12 months by the
    20     employer with respect to whom leave under this act is
    21     requested;
    22         (2)  has been employed for at least 1,250 hours of
    23     service with such employer during the previous 12-month
    24     period; and
    25         (3)  is employed at a worksite within 75 miles of which
    26     such employer employs at least 50 employees.
    27     "Employer."  Any of the following:
    28         (1)  The Commonwealth or an agency or instrumentality of
    29     the Commonwealth.
    30         (2)  A political subdivision or an agency or
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     1     instrumentality of a political subdivision.
     2         (3)  A person that employs at least 50 employees for each
     3     working day during each of 20 or more calendar work weeks in
     4     the current or preceding calendar year.
     5     "Perpetrator."  A person who engages in domestic violence
     6  against another person or persons.
     7     "Victim of domestic violence."  A person who is subjected to
     8  domestic violence by a perpetrator.
     9  Section 4.  Leave requirement.
    10     (a)  Entitlement.--An eligible employee shall be entitled to
    11  a total of 30 days' leave during any 12-month period for one or
    12  more of the following:
    13         (1)  To secure medical treatment to recover from injuries
    14     suffered from an act of domestic violence.
    15         (2)  To attend to legal proceedings related to
    16     victimization by an act of domestic violence. Legal
    17     proceedings under this paragraph shall include matters
    18     arising under 23 Pa.C.S. Ch. 61 (relating to protection from
    19     abuse) and other related matters arising under 23 Pa.C.S.
    20     (relating to domestic relations).
    21         (3)  To relocate to a new temporary or permanent place of
    22     residence for reasons of personal safety and to participate
    23     in domestic violence counseling.
    24     (b)  Type of leave.--Except as provided in section 5, leave
    25  granted under this section may consist of unpaid leave.
    26  Section 5.  Relationship to paid leave.
    27     (a)  General rule.--If an employer provides paid leave for
    28  fewer than 30 days, the additional days to attain the 30 days of
    29  leave required under this act shall be provided either with or
    30  without compensation.
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     1     (b)  Other leave.--An eligible employee may elect or an
     2  employer may require the employee to substitute any accrued paid
     3  vacation leave, personal leave or family leave of the employee
     4  for all or any part of the 30-day leave period provided under
     5  this act.
     6  Section 6.  Requirement of notice.
     7     (a)  General rule.--
     8         (1)  Except as provided in paragraph (2), an eligible
     9     employee shall provide not less than ten business days'
    10     notice of the eligible employee's intention to take leave
    11     under the provisions of this act.
    12         (2)  If attending to a matter described in section 4
    13     requires leave to begin in less than ten business days, the
    14     employee shall provide such notice as is practicable.
    15     (b)  Reasonable effort by employee.--The employee shall make
    16  a reasonable effort to schedule matters described in section 4
    17  so as not to disrupt unduly the operations of the employer,
    18  subject to the approval of the health care provider of the
    19  employee or officials involved in pending legal matters.
    20  Section 7.  Certification.
    21     (a)  General rule.--An employer may require certification of
    22  a request for leave under the provisions of this act. The
    23  certification may be provided by law enforcement or legal
    24  records. The eligible employee shall provide, in a timely
    25  manner, a copy of such certification to the employer.
    26     (b)  Form.--Certification shall be sufficient in the form of
    27  the following:
    28         (1)  Police report indicating that the employee was a
    29     victim of domestic violence.
    30         (2)  A court order protecting or separating the employee
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     1     from the perpetrator of an act of domestic violence against
     2     the employee.
     3         (3)  Documentation from a medical professional or
     4     counselor that the employee is undergoing treatment for
     5     physical or mental injuries resulting in victimization from
     6     an act of domestic violence.
     7     (c)  Confidentiality.--To the extent allowed by law,
     8  employers shall maintain the confidentiality of any employee
     9  requesting leave under this act.
    10  Section 8.  Employment and benefits protection.
    11     (a)  General rule.--Any eligible employee who takes leave
    12  shall on return from leave be entitled to:
    13         (1)  restoration by the employer to the position of
    14     employment held by the employee when leave commenced; or
    15         (2)  restoration to an equivalent position with
    16     equivalent employment benefits, pay and other terms and
    17     conditions of employment.
    18     (b)  Loss of benefits.--The taking of leave shall not result
    19  in the loss of any employment benefits accrued prior to the date
    20  on which the leave commenced.
    21     (c)  Restored employee.--Nothing in this act shall be
    22  construed to entitle any restored employee to:
    23         (1)  the accrual of any seniority or employment benefits
    24     during any period of leave; or
    25         (2)  any right, benefit or position of employment other
    26     than any right, benefit or position to which the employee
    27     would have been entitled had the employee not taken the
    28     leave.
    29     (d)  Status report.--Nothing in this section shall be
    30  construed to prohibit any employer from requiring any employee
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     1  on leave to report periodically to the employer on the status
     2  and intention of the employee to return to work.
     3     (e)  Maintain coverage.--During any period when the eligible
     4  employee takes leave, the employer shall maintain coverage under
     5  any group health plan for the duration of such leave at the same
     6  level and under the same conditions that would have been
     7  provided if the employee had continued in employment
     8  continuously for the duration of such leave. However, the
     9  employer may recover the premium that the employer paid for
    10  maintaining coverage for the employee under such group health
    11  plan during any period of unpaid leave if:
    12         (1)  The employee fails to return from leave after the
    13     period of leave to which the employee is entitled has
    14     expired, except where the employee fails to return to work on
    15     account of having relocated to a new temporary or permanent
    16     place of residence for reasons of personal safety.
    17         (2)  The employee fails to return to work for a reason
    18     other than continuance or recurrence of domestic violence or
    19     other circumstances beyond the control of the employee.
    20  Section 9.  Violations.
    21     (a)  General rule.--No employer may interfere with, restrain
    22  or deny the exercise of or the attempt to exercise any right
    23  provided under this act.
    24     (b)  Discrimination.--No employer may discharge or in any
    25  other manner discriminate against an individual for opposing any
    26  practice made unlawful by this act.
    27  Section 10.  Penalties.
    28     (a)  Lost compensation.--Any employer who violates the
    29  provisions of this act shall be liable for damages equal to any
    30  wages, salary, employment benefits or other compensation denied
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     1  or lost to an eligible employee by reason of the violation.
     2     (b)  Monetary losses.--Any employer who violates the
     3  provisions of this act shall be liable for damages equal to any
     4  actual monetary losses sustained by the employee as a direct
     5  result of the violation up to 30 days of wages or salary for the
     6  employee.
     7     (c)  Equitable relief.--Any employer who violates the
     8  provisions of this act shall be liable for such equitable relief
     9  as may be appropriate, including employment reinstatement and
    10  promotion.
    11     (d)  Fine.--Any employer who violates the provisions of this
    12  act shall be subject to a civil fine of $500 for each
    13  infraction. The Attorney General shall enforce this subsection.
    14  Section 11.  Right of action.
    15     (a)  General rule.--Legal action to recover the damages or
    16  equitable relief under this act may be maintained against any
    17  employer in any Commonwealth court of competent jurisdiction by
    18  any eligible employees.
    19     (b)  Fees.--The court in such an action may, in addition to
    20  any judgment awarded to the plaintiff, allow a reasonable
    21  attorney fee, reasonable expert witness fees and other costs of
    22  the action to be paid by the defendant.
    23  Section 12.  Limitation.
    24     An action may be brought under the provisions of this act not
    25  later than two years after the date of the last event
    26  constituting the alleged violation for which the action is
    27  brought.
    28  Section 13.  Effective date.
    29     This act shall take effect July 1, 2007.

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