PRINTER'S NO. 1172
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
860
Session of
2019
INTRODUCED BY LEACH, HUGHES, SCHWANK AND TARTAGLIONE,
SEPTEMBER 19, 2019
REFERRED TO LABOR AND INDUSTRY, SEPTEMBER 19, 2019
AN ACT
Providing for paid family and medical leave for eligible
employees under certain circumstances and for regulations by
the Department of Labor and Industry.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Paid Family
Leave Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Eligible employee." As defined in the FMLA and who is the
parent through birth, adoption or placement through foster care
of a new child.
"Employer." A person engaged in commerce or an industry or
activity affecting commerce who employs at least four employees
in this Commonwealth for each working day during each of 20 or
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more calendar workweeks in the current or preceding calendar
year. The term includes:
(1) A person who acts, directly or indirectly, in the
interest of an employer to an employee of the employer and
any successor in interest of the employer.
(2) The Commonwealth and any of its political
subdivisions and municipal authorities.
"FMLA." The Family and Medical Leave Act of 1993 (Public Law
103-3, 29 U.S.C. ยง 2601 et seq.).
Section 3. Eligibility.
(a) General rule.--An employer subject to this section shall
provide not less than 12 weeks of paid leave to an eligible
employee to care for a child during the period extending from
the beginning of a pregnancy to one year after the birth,
adoption or placement of the child.
(b) Protections.--An eligible employee who takes leave
provided under subsection (a) is entitled to the same
protections and rights that an eligible employee is entitled to
under the FMLA, including protection from discrimination and
interference, the right to reinstatement and the right to
continuation of health care benefits.
(c) Amount of leave and benefits.--
(1) The amount of leave taken by an eligible employee
under this section during a 12-month period shall be counted
against the amount of leave the eligible employee is entitled
to under the FMLA and may be taken at anytime from the
beginning of the pregnancy to up to one year after birth,
adoption or placement.
(2) An eligible employee entitled to paid leave under
this act shall be paid, during the period of leave, the full
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rate of pay the eligible employee received before the period
of leave commenced or, if the rate of pay is based on an
hourly rate, the weekly average applicable during the four
weeks before the period of leave commenced.
(3) An employer of an eligible employee entitled to paid
leave under this act may not, during the period of leave,
terminate, reduce or in any manner diminish the other
benefits or emoluments of employment to which the eligible
employee was entitled before the period of leave commenced.
Section 4. Regulation.
The Department of Labor and Industry may promulgate
regulations necessary to implement the provisions of this act.
Section 5. Effective date.
This act shall take effect in 60 days.
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