|Posted:||March 13, 2020 01:18 PM|
|From:||Representative Brett R. Miller|
|To:||All House members|
|Subject:||Provisional Hiring Parity Legislation|
|In the near future I plan to introduce legislation to amend the Child Protective Services Law to place an employer’s ability to hire an employee on a provisional basis on par with the 45-day provisional hiring window that is currently authorized for child-care providers.
After passage of Act 47 of 2019 (HB 235), the provisional hiring window child-care providers could utilize when hiring employees was reduced from 90 days to 45 days. However, unexplainably, the provisional hiring window for all other employers who hire and supervise employees or volunteers who are in direct contact with children was reduced from 90 days to zero. The complete elimination of a provisional hiring window for all employees other than employees of child-care providers has caused considerable hardship to both employers and employees who must wait 3-4 weeks before the employee is legally able to start working.
The negative impact of this inequitable standard is already being felt throughout the Commonwealth. The enormity of the problem will only be compounded as the summer nears and parks and recreation agencies, public and private pools, beaches, lakes, public parks, school districts, colleges and universities, churches, museums, science centers, environmental centers, nature centers, amusement and water parks, Boy & Girl Scouts, YMCA/YWCA, Boys & Girls Clubs, athletic leagues, Police Athletic Leagues, gyms and rec centers, campgrounds, municipalities, resorts, and golf courses, all begin to hire seasonal workers for the summer.
To fix this problem, my legislation will provide parity in the 45-day provisional hiring window for employees of both child-care providers and any other employer who hires and supervises employees who have direct contact with children.
As per current law, the following conditions must still be met before the commencement of employment and while the applicant is provisionally employed:
Introduced as HB2503