PRINTER'S NO. 769
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
635
Session of
2019
INTRODUCED BY COSTA, FONTANA, STREET, TARTAGLIONE, SANTARSIERO,
BREWSTER, HUGHES, COLLETT, FARNESE, KEARNEY AND HAYWOOD,
MAY 10, 2019
REFERRED TO LABOR AND INDUSTRY, MAY 10, 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.
"Domestic partner." A member of a domestic partnership.
"Domestic partnership." A long-term committed relationship
between two unmarried individuals who:
(1) Are residents of this Commonwealth, or one of whom
is employed, owns real property or owns and operates a
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business in this Commonwealth or is a recipient of or has a
vested interest in employee benefits from the Commonwealth.
(2) Are at least 18 years of age and competent to
contract.
(3) Are not related to each other by blood in any way
which would prohibit marriage in this Commonwealth.
(4) Have no other domestic partner but the other
individual.
(5) Have not been a member of a different domestic
partnership for the three months prior to requesting family
and medical leave unless the previous domestic partnership
ended as a result of the death of the other domestic partner.
(6) Agree to share the common necessities of life and to
be responsible for each other's common welfare.
(7) Share at least one residence with the other domestic
partner.
(8) Agree under penalty of law to notify the department
of any change in the status of the domestic partnership.
"Eligible employee." As defined in 29 U.S.C. § 2611
(relating to definitions).
"FMLA." The Family and Medical Leave Act of 1993 (Public Law
103-3, 29 U.S.C. § 2601 et seq.).
Section 3. Eligibility.
(a) General rule.--An employer shall provide the same leave
to an eligible employee to which the eligible employee is
entitled under the FMLA with respect to a spouse to care for a
domestic partner.
(b) Protections.--An eligible employee who takes family and
medical leave under subsection (a) is entitled to the same
protections and rights that an eligible employee is entitled to
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under the FMLA.
(c) Amount of leave.--The amount of family and medical leave
taken by an eligible employee under subsection (a) shall not
exceed 12 weeks during a 12-month period.
(d) Applicability.--This act shall apply to employers in
this Commonwealth that are subject to the FMLA.
Section 4. Effective date.
This act shall take effect immediately.
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