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PRINTER'S NO. 90
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
128
Session of
2017
INTRODUCED BY EICHELBERGER, BOSCOLA, FOLMER, GREENLEAF,
VULAKOVICH, GORDNER, WAGNER, STEFANO, McGARRIGLE,
RESCHENTHALER, ALLOWAY, MENSCH, SCARNATI, ARGALL, RAFFERTY,
DiSANTO, LAUGHLIN, MARTIN, REGAN, AUMENT AND WHITE,
JANUARY 19, 2017
REFERRED TO LOCAL GOVERNMENT, JANUARY 19, 2017
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in preemptions, providing for leave
and compensation mandates.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 305. Leave and compensation mandates.
(a) General rule.--A municipality may not:
(1) enact or administer a mandate requiring an employer
to provide an employee or class of employees with vacation or
other forms of leave from employment, paid or unpaid, that is
not required by Federal or State law; or
(2) require an employer to compensate an employee for
any vacation or other forms of leave for which Federal or
State law does not require the employee to be compensated.
(b) Inconsistent mandate.--This section may not be construed
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to invalidate a mandate enacted by a municipality prior to
January 1, 2016 . A mandate enacted by a municipality that is
inconsistent with this section and enacted after January 1,
2016, is void.
(c) Applicability.--This section shall not apply to a
mandate enacted by a municipality affecting vacation or other
forms of leave for an employee or class of employees of the
municipality itself.
(d) Construction.--The provisions of this section may not be
construed to establish a new mandate relating to compensation,
vacation or other forms of leave from employment by a
municipality.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Employee." As the term "employe" is defined in section 3 of
the act of January 17, 1968 (P.L.11, No.5), known as The Minimum
Wage Act of 1968.
"Employer." As defined in section 3 of The Minimum Wage Act
of 1968.
"Municipality." A county, city, borough, incorporated town,
township, home rule charter, optional charter or optional plan
municipality, school district or a similar general purpose unit
of government that may be created by the General Assembly.
Section 2. The addition of 53 Pa.C.S. § 305 shall apply
retroactively to January 1, 2016.
Section 3. This act shall take effect immediately.
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