H1189B3565A05076 MSP:JSL 04/14/20 #90 A05076
AMENDMENTS TO HOUSE BILL NO. 1189
Sponsor: REPRESENTATIVE BRADFORD
Printer's No. 3565
Amend Bill, page 1, line 14, by striking out "ENFORCEMENT
OFFICER"
Amend Bill, page 6, lines 6 through 27, by striking out all
of said lines and inserting
CHAPTER 57
COVID-19 DISABILITY BENEFITS
Sec.
5701. Definitions.
5702. Employee protections.
§ 5701. Definitions.
"COVID-19." The novel coronavirus as identified in the
proclamation.
"Enforcement Officer Disability Benefits Law." The act of
June 28, 1935 (P.L.477, No.193), referred to as the Enforcement
Officer Disability Benefits Law.
"Employee of a life-sustaining business." An employee
actively engaged in a task at the direction of an employer
designated as a life-sustaining business or occupation during
the proclamation. The term shall not include an employee on
leave for the entire duration of the proclamation.
"Life-sustaining business." A business or occupation, as
designated by the Governor to maintain operations during the
proclamation, which performs or conducts a range of vital
operations, functions and services that are essential to
assisting the Commonwealth and its political subdivisions in
protecting people and their communities while ensuring
continuity of functions critical and essential to public health
and safety, and economic and homeland security, and which
continues to be operational and appropriately modified to
account for the Centers for Disease Control and Prevention and
the Department of Health workforce and customer protection
guidance during the proclamation.
"Proclamation." The proclamation 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.
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§ 5702. Employee protections.
(a) Enforcement officer.--Notwithstanding any other
provision of law, a person covered under section 1(a) of the
Enforcement Officer Disability Benefits Law who contracts or is
diagnosed with COVID-19 or is subject to quarantine resulting
from exposure to COVID-19 and because of the contraction,
diagnosis or quarantine is temporarily incapacitated from
performing the person's duties shall be compensated in
accordance with section 1(a) of the Enforcement Officer
Disability Benefits Law.
(b) Life-sustaining business.--
(1) An employee of a life-sustaining business who
contracts or is diagnosed with COVID-19 or is subject to
quarantine resulting from exposure to COVID-19 and because of
the contraction, diagnosis or quarantine is temporarily
incapacitated from performing the person's duties shall be
paid the person's full rate of salary by the life-sustaining
business until the disability arising because of the
contraction, diagnosis or quarantine has ceased.
(2) Each medical and hospital bill incurred in
connection with an incapacitation under paragraph (1) shall
be paid by the life-sustaining business. During the time a
salary for temporary incapacity shall be paid by the life-
sustaining business, any workmen's compensation benefits,
received or collected by the employee for the period shall be
turned over to the life-sustaining business and if the
payment is not made by the employee, the amount owed the
life-sustaining business shall be deducted from any salary
owed to the employee.
Amend Bill, page 14, by inserting between lines 3 and 4
Section 2.1. The addition of 35 Pa.C.S. Ch. 57 shall apply
retroactively to March 6, 2020.
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