H1890B2623A03548 NAD:NLG 10/28/19 #90 A03548
AMENDMENTS TO HOUSE BILL NO. 1890
Sponsor: REPRESENTATIVE FIEDLER
Printer's No. 2623
Amend Bill, page 1, line 1, by inserting after "remains"
and for paid family leave
Amend Bill, page 1, by inserting between lines 12 and 13
"Eligible employee." As defined in the FMLA.
"Employer." A person engaged in commerce or an industry or
activity affecting commerce that employs at least four employees
in this Commonwealth for each working day during each of 20 or
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 any of the employees of the
employer and any successor in interest of the employer.
(2) The Commonwealth and any of its political
subdivisions and municipal authorities.
Amend Bill, page 1, by inserting after line 17
"FMLA." The Family and Medical Leave Act of 1993 (Public Law
103-3, 29 U.S.C. ยง 2601 et seq.).
Amend Bill, page 3, by inserting between lines 16 and 17
Section 4. Paid family leave.
(a) General rule.--An employer shall provide not less than
12 weeks of paid leave to an eligible employee during the period
extending from the beginning of a pregnancy to one year after a
miscarriage.
(b) Protections.--An eligible employee who takes leave
provided under subsection (a) shall be 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 any time from the
beginning of pregnancy to up to one year after a miscarriage.
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(2) An eligible employee entitled to paid leave under
this section shall be paid, during the period of leave, the
full rate of pay the eligible employee received before the
period of leave commences 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 commences.
(3) An employer of an eligible employee entitled to paid
leave under this section 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 commences.
Section 5. Regulations.
The Department of Labor and Industry may promulgate
regulations necessary to implement section 4.
Amend Bill, page 3, line 17, by striking out "4" and
inserting
6
Amend Bill, page 3, line 18, by striking out "this act" and
inserting
section 3
Amend Bill, page 3, line 22, by striking out "5" and
inserting
7
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