PRINTER'S NO. 1773
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1435
Session of
2019
INTRODUCED BY SAPPEY, BARRAR, DiGIROLAMO, DONATUCCI,
SCHLOSSBERG, HILL-EVANS, HANBIDGE, KENYATTA, ZABEL, ULLMAN,
HOHENSTEIN, WILLIAMS, A. DAVIS, DeLUCA, O'MARA, STURLA,
KINSEY, HOWARD, FREEMAN, WARREN, YOUNGBLOOD, DALEY, SANCHEZ,
FRANKEL, T. DAVIS, SHUSTERMAN, RAVENSTAHL, COMITTA,
McCLINTON, SIMS, OTTEN, PASHINSKI, CIRESI AND GALLOWAY,
MAY 8, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 8, 2019
AN ACT
Providing for family and medical leave for eligible employees.
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 Pennsylvania
Family and Medical 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 Family and Medical
Leave Act of 1993 (Public Law 103-3, 29 U.S.C. § 2601 et seq.).
"Employer." An employer in this Commonwealth that is subject
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to the Family and Medical Leave Act of 1993.
"Grandchild." A biological or adoptive grandson or
granddaughter or stepgrandson or stepgranddaughter.
"Grandparent." A biological or adoptive grandfather or
grandmother or stepgrandfather or stepgrandmother.
"Sibling." A biological or adoptive brother or sister or
stepbrother or stepsister.
Section 3. Eligibility.
(a) General rule.--An employer shall provide up to six weeks
of the same unpaid leave to an eligible employee to which the
eligible employee is entitled under the Family and Medical Leave
Act of 1993 (Public Law 103-3, 29 U.S.C. § 2601 et seq.) to care
for a spouse, son, daughter or parent, but only to care for the
eligible employee's sibling, grandparent or grandchild, if the
sibling, grandparent or grandchild:
(1) does not have a living spouse, child over 17 years
of age or parent under 65 years of age; and
(2) has a certified terminal illness.
(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 Family and Medical Leave Act of 1993.
(c) Amount of leave.--
(1) The amount of leave taken by an eligible employee
under this section shall not exceed six weeks during a 12-
month period. The 12-month period shall be determined in the
same manner that the employer determines the 12-month period
for leave under the Family and Medical Leave Act of 1993.
(2) Leave must be taken in a minimum of one-week
increments.
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(3) Leave taken by an eligible employee under the Family
and Medical Leave Act of 1993 shall reduce an employee's
leave entitlement in any applicable 12-month period under
this section, provided that leave taken by an employee in
accordance with this section shall not reduce the employee's
leave entitlement under the Family and Medical Leave Act of
1993.
(d) Employee notice of leave.--An employee shall provide
written or verbal notice of the need to take leave under this
section to the employer as soon as practicable.
(e) Medical certification.--
(1) An employer may require certification from a
physician to verify terminal illness of an employee providing
notice of the need to take leave under this section.
(2) The department shall develop a form that may be used
to provide medical certification under this subsection.
(f) Employer posting.--An employer shall post and maintain
in a conspicuous place a printed abstract, developed by the
department, with the provisions of this act.
Section 4. Complaints.
An employee may file a complaint with the department on a
form prescribed by the department if the employee:
(1) is denied leave;
(2) believes that the employee is entitled to that
leave; and
(3) believes that the employer has violated section
3(b).
Section 5. Administration.
The department has the following power and duties:
(1) Provide the abstract for employer posting on the
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department's publicly accessible Internet website.
(2) Provide the medical certification form referenced in
section 3(e) on the department's publicly accessible Internet
website.
(3) Provide the employee complaint form on the
department's publicly accessible Internet website.
(4) Develop procedures to investigate and resolve
complaints.
(5) Promulgate regulations as necessary to administer
this act.
Section 6. Effective date.
This act shall take effect in 60 days.
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