PRINTER'S NO. 2267
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1977
Session of
2021
INTRODUCED BY HANBIDGE, SHUSTERMAN, D. WILLIAMS, KINSEY,
T. DAVIS, SANCHEZ, DELLOSO, GUENST, HILL-EVANS, SAPPEY,
N. NELSON, MADDEN, INNAMORATO, O'MARA, SIMS, CIRESI,
McCLINTON, FRANKEL, MALAGARI, KINKEAD AND FITZGERALD,
OCTOBER 18, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 18, 2021
AN ACT
Providing for paid leave time for a pregnancy loss or related
reason.
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
Support Through Loss 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:
"Assisted reproductive technology procedure." The term shall
have the same meaning as "assisted reproductive technology" in
section 8 of the Fertility Clinic Success Rate and Certification
Act of 1992 (Public Law 102-493, 42 U.S.C. ยง 263a-7).
"Department." The Department of Labor and Industry of the
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Commonwealth.
"Domestic partner." With respect to an unmarried employee,
includes:
(1) the person recognized as the domestic partner of the
employee under a domestic partnership or civil union law of a
state or political subdivision of a state; and
(2) an unmarried, adult person who is in a committed,
personal relationship with the employee, who is not a
domestic partner as described in paragraph (1) to or in a
relationship with any other person and who is designated to
the employee's employer by the employee as that employee's
domestic partner.
"Employer." A person engaged in commerce or in an industry
or activity affecting commerce who employs five or more
employees for each working day during each calendar workweek or
more in the current or preceding year.
"Paid leave time." An increment of compensated leave that
can be granted to an employee for use during an absence from
employment for any reason described in this act.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
"Unpaid leave time." Leave granted and used in the same
manner and under the same conditions as paid leave time for the
purposes of this act, except that no compensation shall be paid.
Section 3. Paid leave time.
(a) General rule.--An employer shall grant to each employee
employed by the employer 24 hours of paid leave time on the
employee's first workday of each calendar year. The employee
shall use the paid leave time as needed during that calendar
year for reasons described in subsection (d).
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(b) No carryover.--Paid leave time granted under this
section shall not carry over from one year to the next.
(c) Paid leave policy.--An employer with a paid leave policy
who makes available an amount of paid leave that is sufficient
to meet the requirements of this section and that is made
available for all stated reasons and under all stated conditions
that are the same as the reasons and conditions under subsection
(d) shall not be required to grant an employee additional paid
leave time under this section.
(d) Reason for leave.--Paid leave time granted under this
section may be used by an employee for either of the following:
(1) An absence resulting from:
(i) a pregnancy loss;
(ii) an unsuccessful round of intrauterine
insemination or an unsuccessful round of an assisted
reproductive technology procedure;
(iii) a failed adoption match or an adoption that is
not finalized because it is contested by another party;
(iv) a failed surrogacy arrangement; or
(v) a diagnosis or event that impacts pregnancy or
fertility.
(2) An absence to care for a spouse or domestic partner
who experiences a circumstance described in paragraph (1).
Section 4. Prohibited acts.
It shall be unlawful for an employer to interfere with,
restrain or deny the exercise of or the attempt to exercise a
right provided under this act, including:
(1) discharging or discriminating against, including
retaliating against, an individual, including a job
applicant, for exercising or attempting to exercise a right
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provided under this act;
(2) using the taking of paid leave time or unpaid leave
time under this act as a factor in an employment action, such
as hiring, promotion, reducing hours or number of shifts or a
disciplinary action; or
(3) counting the paid leave time or unpaid leave time
under a no-fault attendance policy or any other absence
control policy.
Section 5. Notice requirement.
(a) General rule.--An employer shall notify each employee
and include in an employee handbook the information described in
paragraphs (1), (2) and (3). Each employer shall post and keep
posted a notice, to be prepared or approved in accordance with
regulations prescribed under this act, stating excerpts from, or
summaries of, the pertinent provisions of this act, including:
(1) information describing paid leave time available to
employees under this act;
(2) information pertaining to the filing of an action
under this act; and
(3) information that describes:
(i) the protections that an employee has in
exercising rights under this act; and
(ii) how the employee can contact the department if
any of the rights are violated.
(b) Location.--The notice described under subsection (a)
shall be posted:
(1) in conspicuous places on the premises of the
employer, where notices to employees, including applicants,
are customarily posted; or
(2) in an employee handbook.
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(c) Penalty.--An employer who willfully violates the posting
requirements of this section shall be subject to a civil fine in
an amount not to exceed $100 for each separate violation.
Section 6. Civil action by employees or individuals.
(a) Right of action.--An action to recover the damages or
equitable relief prescribed may be maintained against an
employer in a court of competent jurisdiction by one or more
employees or individuals or a representative for, and on behalf
of:
(1) the employees or individuals; or
(2) the employees or individuals and others similarly
situated.
(b) Liability.--An employer who violates section 4 shall be
liable to an employee or individual affected:
(1) for damages equal to:
(i) the amount of:
(A) wages, salary, employment benefits or other
compensation denied or lost by reason of the
violation; or
(B) in a case where wages, salary, employment
benefits or other compensation have not been denied
or lost, any actual monetary losses sustained as a
direct result of the violation up to a sum equal to
24 hours of wages or salary for the employee or
individual;
(ii) the interest on the amount described in
subparagraph (i) calculated at the prevailing rate; and
(iii) an additional amount as liquidated damages;
and
(2) for equitable relief as may be appropriate,
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including employment, reinstatement and promotion.
(c) Fees and costs.--The court, in an action under this
section, shall, in addition to any judgment awarded to the
plaintiff, allow reasonable attorney fees, reasonable expert
witness fees and other costs of the action to be paid by the
defendant.
Section 7. Administrative action.
(a) Duty of secretary.--The secretary shall receive,
investigate and attempt to resolve complaints of violations of
section 4, including a violation relating to the rights provided
under this act.
(b) Penalty.--The secretary may levy an administrative
penalty of up to $5,000 per violation.
Section 8. Civil action by department.
The secretary may bring an action in a court of competent
jurisdiction to recover the damages described under this act.
The following apply:
(1) Money recovered by the secretary under section 6
shall be held in a special deposit account and shall be paid,
on order of the secretary, directly to each employee or
individual affected. The money not paid to an employee or
individual affected because of inability to do so within a
period of three years shall be deposited into the General
Fund.
(2) An action may be brought no later than two years
after the date of the last event constituting the alleged
violation for which the action is brought.
(3) In the case of an action brought for a willful
violation of section 4, the action may be brought within
three years of the date of the last event constituting the
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alleged violation for which the action is brought.
(4) In determining when an action is commenced under
this section, an action shall be considered to be commenced
on the date when the complaint is filed.
Section 9. Regulations.
The department may promulgate rules and regulations to
administer and enforce this act.
Section 10. Effective date.
This act shall take effect in 60 days.
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