THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY YOUNGBLOOD, CRUZ, BROWN, BELFANTI, BEYER, BRENNAN, COHEN, CONKLIN, CUTLER, DePASQUALE, FRANKEL, HORNAMAN, JOSEPHS, MANN, MELIO, M. O'BRIEN, PARKER, SIPTROTH, STABACK, THOMAS, WATSON AND WHEATLEY, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 13, 2009  

AN ACT

Requiring certain employers to provide employment leave for

victims of domestic violence; prohibiting certain acts; and

prescribing penalties.

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 Victims of

Domestic Violence Employment 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:

"Domestic violence."  Any act or acts of abuse as defined in

23 Pa.C.S. § 6102 (relating to definitions).

"Eligible employee."  An individual who:

(1)  is a victim of domestic violence or is the parent of

a minor child who is a victim of domestic violence;

(2)  has been employed for at least 12 months by the

employer to whom a request for leave under this act is

directed;

(3)  has performed at least 1,250 hours of service during

the previous 12 months of employment for the employer; and

(4)  is employed at a worksite or within 75 miles of a

worksite, in which the employer employs at least 50

employees.

"Employer."  Any of the following:

(1)  the Commonwealth or an agency or instrumentality of

the Commonwealth;

(2)  a political subdivision of the Commonwealth or an

agency or instrumentality of a political subdivision;

(3)  a person or entity that currently employs at least

50 persons each work day for 20 or more weeks in a calendar

year; or

(4)  a person or entity that employed at least 50 persons

each work day for 20 or more weeks in the immediately

preceding calendar year.

"Perpetrator."  A person who has committed domestic violence

against another person or persons.

"Victim of domestic violence."  A person who is subjected to

domestic violence by a perpetrator.

Section 3.  Domestic violence employee leave.

(a)  Leave requirement.--

(1)  An eligible employee may request and an employer

shall permit an eligible employee to take unpaid leave from

work for any of the following reasons:

(i)  for the eligible employee to secure medical

treatment to recover from injuries suffered as a result

of domestic violence;

(ii)  for the eligible employee to attend to legal

proceedings relating to domestic violence involving the

eligible employee or the eligible employee's minor child;

(iii)  for the eligible employee to relocate to a new

temporary or permanent residence for reasons related to

domestic violence;

(iv)  for the eligible employee to obtain counseling

or advocacy services; or

(v)  for the eligible employee to assist the

employee's minor child who is a victim of domestic

violence in any of the actions in subparagraphs (i),

(ii), (iii) or (iv).

(2)  Except as provided in subsection (c), an eligible

employee shall be entitled to a total of 30 days of leave

during any 12-month period. This act shall not create a right

for an eligible employee to take unpaid leave that exceeds

the unpaid leave time allowed under, nor is it in addition to

the unpaid leave time permitted by, the Family and Medical

Leave Act of 1993 (Public Law 103-3, 29 U.S.C. 2601 et seq.).

(3)  An eligible employee shall make a reasonable effort

to schedule matters described in paragraph (1) so as not to

unduly disrupt the operations of the employer.

(b)  Notice.--

(1)  Except as provided in paragraph (2), an eligible

employee shall provide the employer with at least five days'

advance notice of the eligible employee's intention to take

leave under subsection (a).

(2)  An eligible employee shall provide notice to the

employer as soon as practicable if notice in accordance with

paragraph (1) is not possible due to any of the following:

(i)  the safety of the eligible employee or the

eligible employee's minor child;

(ii)  the scheduling of any legal proceeding; or

(iii)  the availability of counseling or advocacy

services.

(3)  When an unscheduled absence occurs, the employer may

not take any action against an eligible employee if the

eligible employee, within a reasonable period after the

absence, provides certification under subsection (c).

(c)  Certification.--

(1)  An employer may require an eligible employee to

provide certification to the employer that:

(i)  the eligible employee or the eligible employee's

minor child is a victim of domestic violence; and

(ii)  the leave is requested for one of the purposes

enumerated in subsection (a)(1).

(2)  The eligible employee shall provide the

certification to the employer within a reasonable period

after the employer requests certification.

(3)  An eligible employee may satisfy the certification

requirement of paragraph (1) by providing to the employer one

of the following:

(i)  a police report indicating that the eligible

employee or the eligible employee's minor child was a

victim of domestic violence;

(ii)  a court order protecting or separating the

eligible employee or the eligible employee's minor child

from the perpetrator;

(iii)  a signed statement from a medical

professional, therapist, clergy member, counselor,

domestic violence counselor or domestic violence advocate

affirming that the eligible employee or the eligible

employee's minor child is undergoing counseling for

physical or mental injuries resulting from domestic

violence;

(iv)  a signed statement from a victim and witness

advocate or other court personnel affirming that the

eligible employee or the eligible employee's minor child

is involved in legal proceedings relating to domestic

violence; or

(v)  a signed statement from a police officer, victim

and witness advocate or other court personnel, medical

professional, therapist, clergy member, counselor,

domestic violence counselor or domestic violence advocate

affirming that the eligible employee or the eligible

employee's minor child has ongoing safety concerns that

warrant absence from work.

(d)  Confidentiality.--All information provided to the

employer under subsection (b) or (c), including the fact that

the eligible employee has requested or obtained leave under this

section, shall be retained in the strictest confidence by the

employer, except to the extent that disclosure is:

(1)  requested or consented to in writing by the eligible

employee; or

(2)  otherwise required by applicable Federal or State

law.

(e)  Employment and benefits protection.--

(1)  The following shall apply:

(i)  An eligible employee who takes leave under

subsection (a) shall, on return from the leave, be

entitled to:

(A)  restoration to the position held by the

eligible employee when leave commenced; or

(B)  restoration to an equivalent position with

equivalent employment benefits, pay and other terms

and conditions of employment.

(ii)  The taking of leave under subsection (a) shall

not result in the loss of any employment benefits accrued

prior to the date on which the leave commenced.

(iii)  Nothing in this subsection shall be construed

to entitle any restored eligible employee to:

(A)  the accrual of any seniority or employment

benefits during any period of leave; or

(B)  any right, benefit or position other than

any right, benefit or position to which the restored

employee would have been entitled had the restored

employee not taken the leave.

(iv)  Nothing in this section shall be construed to

prohibit an employer from requiring an eligible employee

on leave under subsection (a) to report periodically to

the employer on the status and intention of the employee

to return to work.

(2)  The following shall apply:

(i)  Except as provided in subparagraph (ii), during

any period that an eligible employee takes leave under

subsection (a), the employer shall maintain coverage

under a group health plan for the duration of the leave

at the same level and under the same conditions that

would have been provided if the eligible employee's

employment had not been interrupted by the leave.

(ii)  The employer may recover the premium paid by

that employer for maintaining coverage for an eligible

employee from an eligible employee who does not return to

work after the leave expires unless:

(A)  the eligible employee is unable to return to

work on account of having relocated to a new

temporary or permanent place of residence for reasons

relating to the security of the eligible employee or

the eligible employee's minor child; or

(B)  the eligible employee is unable to return to

work because of continuing or recurring domestic

violence or other circumstances beyond the control of

the eligible employee.

Section 4.  Existing leave usable for addressing domestic

violence.

An eligible employee who is entitled to take paid or unpaid

leave, including, family, medical, sick, annual, personal or

similar leave, from employment, under Federal, State or local

law, a collective bargaining agreement or an employment benefits

program or plan, may elect to substitute any period of such

leave for an equivalent period of leave provided under section

3.

Section 5.  Prohibited acts.

(a)  General rule.--An employer shall not interfere with,

restrain or deny the exercise of or the attempted exercise of

any right provided by this act.

(b)  Discrimination.--An employer shall not discriminate

against an eligible employee for exercising the eligible

employee's rights under this act.

Section 6.  Penalties.

(a)  Fine.--An employer who violates the provisions of this

act shall be subject to a fine of $500 for each violation.

(b)  Jurisdiction.--The Attorney General of the Commonwealth

shall have jurisdiction to investigate and prosecute employers

for violations of this act.

Section 7.  Private cause of action.

(a)  General rule.--Legal action to recover damages or

equitable relief under this act may be maintained against an

employer in a court of competent jurisdiction in this

Commonwealth by an eligible employee.

(b)  Relief.--The following shall apply:

(1)  An employer who violates the provisions of this act

shall be liable for damages equal to any wages, salary,

employment benefits or other compensation denied or lost to

an eligible employee by reason of a violation of this act.

(2)  An employer who violates the provisions of this act

shall be liable for damages sustained by an eligible employee

as a direct result of the violation of this act.

(3)  An employer who violates the provisions of this act

shall be liable for such equitable relief as may be

appropriate, including reinstatement and promotion.

(4)  The court in an action under this subsection may, in

addition to any other award, order the employer to reimburse

the eligible employee for reasonable attorney and expert fees

and other costs incurred by the employee in bringing the

action.

Section 8.  Statute of limitations.

Any action brought under the provisions of this act shall be

commenced not later than one year following the date of the last

event constituting the alleged violation of this act.

Section 40.  Effective date.

This act shall take effect in 90 days.