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PRINTER'S NO. 1126
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
862
Session of
2017
INTRODUCED BY LEACH, FONTANA AND SCHWANK, AUGUST 29, 2017
REFERRED TO LABOR AND INDUSTRY, AUGUST 29, 2017
AN ACT
Providing for paid family and medical leave for eligible
employees under certain circumstances and for regulations by
the Department of Labor and Industry.
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 Paid Family
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:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Eligible employee." As defined in the FMLA and who is the
parent through birth, adoption or placement through foster care
of a new child.
"Employer." Any person engaged in commerce or in any
industry or activity affecting commerce who employs at least
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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) Any person who acts, directly or indirectly, in the
interest of an employer to any of the employees of such
employer and any successor in interest of such employer.
(2) The Commonwealth and any of its political
subdivisions and municipal authorities.
"FMLA." The Family and Medical Leave Act of 1993 (Public Law
103-3, 29 U.S.C. ยง 2601 et seq.).
Section 3. Eligibility.
(a) General rule.--An employer subject to this section shall
provide not less than 12 weeks of paid leave to an eligible
employee to care for a child during the period extending from
the beginning of a pregnancy to one year after the birth,
adoption or placement of the child.
(b) Protections.--An eligible employee who takes leave
provided under subsection (a) is 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 anytime from the
beginning of the pregnancy to up to one year after birth,
adoption or placement.
(2) An eligible employee entitled to paid leave under
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this act shall be paid, during the period of leave, the full
rate of pay the eligible employee received before the period
of leave commenced 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 commenced.
(3) An employer of an eligible employee entitled to paid
leave under this act 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 commenced.
Section 4. Regulation.
The department may promulgate regulations necessary to
implement the provisions of this act.
Section 5. Effective date.
This act shall take effect in 60 days.
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