PRINTER'S NO. 3169
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2228
Session of
2020
INTRODUCED BY ZABEL, SHUSTERMAN, KINSEY, VITALI, HILL-EVANS,
YOUNGBLOOD, O'MARA, DeLUCA, CIRESI, FRANKEL, DELLOSO,
READSHAW, MOUL, T. DAVIS, MALAGARI, THOMAS, ULLMAN,
KOSIEROWSKI, HANBIDGE, WEBSTER, KORTZ AND ISAACSON,
JANUARY 17, 2020
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 17, 2020
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for definitions and for commencement of
proceedings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6102(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 6102. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Contractor." An individual with a contract to perform work
for an employer, including, but not limited to, an independent
contractor and subcontractor.
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"Employee." An individual who performs work for an employer,
including, but not limited to, a contractor.
"Employer." As defined in section 2.1 of the act of July 14,
1961 (P.L.637, No.329), known as the Wage Payment and Collection
Law.
* * *
Section 2. Section 6106 of Title 23 is amended by adding a
subsection to read:
§ 6106. Commencement of proceedings.
* * *
(i) Right to attend hearing.--
(1) An employer in this Commonwealth shall provide
unpaid leave for an employee to attend a hearing if the
employee is a plaintiff or providing evidence or testimony on
behalf of a plaintiff. Unpaid leave provided under this
subsection shall include reasonable time for travel to and
from the hearing.
(2) Nothing in this subsection shall prohibit an
employer from providing paid leave to an employee who is
attending a hearing as a plaintiff or providing evidence or
testimony for the plaintiff.
(3) An employer may require the employee to provide the
employer with the time, location, summons and other
documentation of the hearing prior to or after the hearing.
(4) No employer shall discharge from employment or
otherwise discriminate or retaliate against an employee for
attending a hearing as a plaintiff or to provide evidence or
testimony on behalf of a plaintiff.
(5) The Department of Labor and Industry shall adopt a
schedule of civil penalties for the violation of this section
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by an employer and regulations regarding appeals by
employers, which shall conform with the following:
(i) The schedule of penalties, guidelines for their
imposition and procedures for appeal shall be transmitted
to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin.
(ii) Employees shall be permitted to report
violations of this section to the Department of Labor and
Industry.
(iii) An agent of the Department of Labor and
Industry shall investigate all reports of violations
under this section and shall have the power to issue
citations and impose penalties for a violation.
(iv) A penalty imposed under this paragraph may be
appealed to the Department of Labor and Industry pursuant
to regulations adopted and promulgated by the Department
of Labor and Industry under this section.
(v) All proceedings under this subsection shall be
conducted in accordance with the provisions of 2 Pa.C.S.
(relating to administrative law and procedure).
(6) This subsection shall not:
(i) Relieve or lessen the obligation of an employer
to comply with an existing contract, collective
bargaining agreement, employment benefit plan or other
agreement providing more generous leave to an employee
than required under this subsection.
(ii) Be construed to exempt the contents of this
subsection from the scope of collective bargaining under
the:
(A) act of June 1, 1937 (P.L.1168, No.294),
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known as the Pennsylvania Labor Relations Act;
(B) act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949; or
(C) act of July 23, 1970 (P.L.563, No.195),
known as the Public Employe Relations Act.
Section 3. This act shall take effect in 60 days.
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