1Providing for paid family and medical leave for eligible
2employees under certain circumstances and for regulations by
3the Department of Labor and Industry.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Paid Family
8Leave Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Department." The Department of Labor and Industry of the
14Commonwealth.

15"Eligible employee." As defined in the Family and Medical
16Leave Act of 1993 (Public Law 103-3, 29 U.S.C. § 2601 et seq.),
17an employee who is the parent through birth, adoption or
18placement through foster care of a new child.

19"Employer." Any person engaged in commerce or in any

1industry or activity affecting commerce who employs at least
2four employees in this Commonwealth for each working day during
3each of 20 or more calendar workweeks in the current or
4preceding calendar year. The term includes:

5(1) Any person who acts, directly or indirectly, in the
6interest of an employer to any of the employees of such
7employer and any successor in interest of such employer.

8(2) The Commonwealth and any of its political
9subdivisions and municipal authorities.

10"FMLA." The Family and Medical Leave Act of 1993 (Public Law
11103-3, 29 U.S.C. § 2601 et seq.).

12Section 3. Eligibility.

13(a) General rule.--An employer subject to this section shall
14provide not less than 12 weeks of paid leave to an eligible
15employee to care for the child during the period extending from
16the beginning of a pregnancy to one year after the birth,
17adoption or placement of the child.

18(b) Protections.--An eligible employee who takes leave
19provided under subsection (a) is entitled to the same
20protections and rights that an eligible employee is entitled to
21under the FMLA, including protection from discrimination and
22interference, the right to reinstatement and the right to
23continuation of health care benefits.

24(c) Amount of leave and benefits.--

25(1) The amount of leave taken by an eligible employee
26under this section during a 12-month period shall be counted
27against the amount of leave the eligible employee is entitled
28to under the FMLA and may be taken at anytime from the
29beginning of the pregnancy to up to one year after birth,
30adoption or placement.

1(2) An eligible employee entitled to paid leave under
2this act shall be paid, during the period of leave, the
3eligible employee's full rate of pay the eligible employee
4received before the period of leave commences or, if the rate
5of pay is based on an hourly rate, the weekly average
6applicable during the four weeks before the period of leave
7commences.

8(3) An employer of an eligible employee entitled to paid
9leave under this act may not, during the period of leave,
10terminate, reduce or in any manner diminish the other
11benefits or emoluments of employment to which the eligible
12employee was entitled before the period of leave commences.

13Section 4. Regulation.

14The department may promulgate regulations necessary to
15implement the provisions of this act.

16Section 5. Effective date.

17This act shall take effect in 60 days.