PRINTER'S NO. 4227
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2773
Session of
2020
INTRODUCED BY ZIMMERMAN, DUSH, STEPHENS, RYAN AND GROVE,
AUGUST 7, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 7, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in administrative organization, further
providing for work-hours and leaves.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 222 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is amended by
adding a subsection to read:
Section 222. Work-Hours and Leaves.--* * *
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(e) In the event of an office closure of a department, board
or commission that is related to a declaration by the Governor
of disaster emergency under 35 Pa.C.S. ยง 7301(c) (relating to
general authority of Governor) or is caused by other exigent
circumstances beyond the control of the department, board or
commission, the following shall apply:
(1) If the office closure has prevented an employe of the
department, board or commission from performing duties for at
least five business days, the employe shall be placed on unpaid
leave until such time as the employe is able to resume duties or
any substantially similar alternative duties provided by the
department, board or commission with which the employe is
employed.
(2) An employe placed on unpaid leave under paragraph (1)
shall retain, during the period of unpaid leave, any fringe
benefits to which the employe is entitled as a result of
employment with the department, board or commission.
(3) An employe placed on unpaid leave under paragraph (1)
may elect to use any of the employe's accrued paid leave
benefits in lieu of unpaid leave during the time that the
employe is prevented from performing regular duties. If the
employe exhausts the accrued paid leave, the employe shall be
placed on unpaid leave.
(4) This subsection shall not apply to an employe who is:
(i) able to perform normal job functions at the usual work
location, through telework or at an alternative location; or
(ii) is furloughed indefinitely.
(5) The status of an employe placed on unpaid leave under
this subsection or the provision of fringe benefits shall not be
construed to impact the eligibility of the employe who is
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otherwise eligible for unemployment compensation benefits under
the a ct of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),
known as the Unemployment Compensation Law.
(6) For purposes of this subsection, the term "fringe
benefits":
(i) Means the following:
(A) All monetary employer payments to provide benefits under
an employe benefit plan, as defined in section 3(3) of the
Employee Retirement Income Security Act of 1974 (Public Law 93-
406, 88 Stat. 829).
(B) Reimbursement for expenses.
(C) Any other amount to be paid pursuant to an agreement to
the employe, a third party or fund for the benefit of employes.
(ii) Does not include accrued paid leave benefits.
Section 2. This act shall take effect in 60 days.
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