PRINTER'S NO. 1066
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1035
Session of
2021
INTRODUCED BY ZABEL, SANCHEZ, HOHENSTEIN, HILL-EVANS, GALLOWAY,
SCHWEYER, ROZZI, HOWARD, D. WILLIAMS, SCHLOSSBERG, FREEMAN,
PASHINSKI, DRISCOLL, WEBSTER, DELLOSO, ISAACSON, O'MARA, LEE,
McCLINTON, WARREN AND KINSEY, MARCH 26, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 26, 2021
AN ACT
Providing for public health emergency leave relating to COVID-
19; prohibiting retaliatory personnel action by employers;
imposing duties on the Department of Labor and Industry; and
imposing a penalty.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Public Health Emergency Leave
Section 301. Leave requirement.
Chapter 5. Protection From Retaliation
Section 501. Prohibited action.
Section 502. Notice.
Chapter 7. Administration and Enforcement
Section 701. Duties of department.
Section 702. Penalty.
Chapter 9. Miscellaneous Provisions
Section 901. Construction.
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Section 902. Expiration.
Section 903. Effective date.
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Family and
Caregiver COVID-19 Employee Protection Act.
Section 102. 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:
"COVID-19 disaster emergency." The declaration of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of
disaster emergency.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." An individual who is employed by an employer
doing business in this Commonwealth.
"Employer." As defined in the act of January 17, 1968
(P.L.11, No.5), known as The Minimum Wage Act of 1968.
"Family member." Any of the following:
(1) A biological, adopted or foster child, stepchild or
legal ward, a child of a domestic partner or a child to whom
the employee stands in loco parentis, regardless of age.
(2) A biological parent, foster parent, stepparent or
adoptive parent or legal guardian of an employee or an
employee's spouse or domestic partner or a person who stood
in loco parentis when the employee or the employee's spouse
or domestic partner was a minor child.
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(3) A person to whom the employee is legally married
under the laws of any state or a domestic partner of an
employee as registered under the laws of any state or
political subdivision.
(4) A grandparent, grandchild or sibling, whether of a
biological, foster, adoptive or step relationship, of the
employee or the employee's spouse or domestic partner.
(5) A person for whom the employee is responsible for
providing or arranging care, including helping that
individual obtain diagnostic, preventive, routine or
therapeutic health treatment.
(6) Any other individual related by blood or whose close
association with the employee is the equivalent of a family
relationship.
"Public health emergency leave." Paid sick leave provided by
an employer to an employee affected by the COVID-19 disaster
emergency under chapter 3 (relating to public health emergency
leave).
"Retaliatory personnel action." Any actual or threatened
discharge, suspension, demotion or punishment to an employee for
exercising their rights or using leave that is provided by this
act.
"Secretary." The Secretary of the Department of Labor and
Industry of the Commonwealth.
CHAPTER 3
PUBLIC HEALTH EMERGENCY LEAVE
Section 301. Leave requirement.
(a) General rule.--Each employer in this Commonwealth shall
provide 80 hours of paid leave per year for an employee:
(1) being treated for a COVID-19 diagnosis;
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(2) to care for a family member subject to quarantine
due to COVID-19 under Federal, State or local government
order or advice of a health care provider; or
(3) to care for a child under 18 years of age whose
school or child care provider is closed or unavailable for
reasons related to COVID-19.
(b) Prohibition.--Public health emergency leave may not be
used to replace or otherwise substitute for any paid or unpaid
sick leave or other leave provided to the employee.
CHAPTER 5
PROTECTION FROM RETALIATION
Section 501. Prohibited action.
An employer in this Commonwealth may not engage in
retaliatory personnel action against an employee who takes
public health emergency leave.
Section 502. Notice.
(a) Workplace posting.--Each employer shall post and keep
posted, in conspicuous places on the premises of the employer
where notices to employees are customarily posted, a notice, to
be prepared or approved by the secretary, of the requirements
described in this act.
(b) Initial notice by employee.--Before an employee takes
public health emergency leave, the employee shall provide the
employer with as much notice as practicable.
(c) Ongoing notice.--An employer may require an employee to
continue to notify the employer of the ongoing use of public
health emergency leave after the initial notice under subsection
(b).
CHAPTER 7
ADMINISTRATION AND ENFORCEMENT
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Section 701. Duties of department.
The department shall:
(1) Have authority to enforce this act.
(2) Be authorized to coordinate implementation and
enforcement of this act.
(3) Promulgate appropriate guidelines or regulations for
this act.
(4) Post the guidelines or regulations and information
about the rights and duties of employees and employers under
this act on the department's publicly accessible Internet
website.
Section 702. Penalty.
An employer that violates any provisions of this act shall be
subject to a $5,000 fine.
CHAPTER 9
MISCELLANEOUS PROVISIONS
Section 901. Construction.
Nothing in this act shall be construed in any way to diminish
the rights or benefits that an employee is entitled to under any
of the following:
(1) Federal, State or local law.
(2) A collective bargaining agreement.
(3) An existing policy of the employee's employer.
Section 902. Expiration.
This act shall expire one year after the expiration or
termination of the COVID-19 disaster emergency.
Section 903. Effective date.
This act shall take effect in 15 days.
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