PRINTER'S NO. 690
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
580
Session of
2021
INTRODUCED BY LAUGHLIN, COLLETT, FONTANA, KANE, YUDICHAK, MUTH,
COMITTA, TARTAGLIONE, BOSCOLA, SCHWANK, L. WILLIAMS, KEARNEY,
TOMLINSON, ROBINSON AND CAPPELLETTI, MAY 3, 2021
REFERRED TO LABOR AND INDUSTRY, MAY 3, 2021
AN ACT
Establishing the Pennsylvania Family and Medical Leave Insurance
Program and the Family and Medical Leave Insurance Fund;
conferring powers and imposing duties on the Department of
Labor and Industry; and imposing penalties.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Legislative intent.
Section 103. Definitions.
Chapter 3. Family and Medical Leave Insurance Program
Section 301. Family and Medical Leave Insurance Program.
Section 302. Powers and duties of department.
Section 303. Eligibility for family and medical leave insurance
benefits.
Section 304. Duration of benefits.
Section 305. Amount of benefits.
Section 306. Contributions.
Section 307. Reduced leave schedule.
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Section 308. Employment protections.
Section 309. Coordination of benefits.
Chapter 5. Administration and Procedures
Section 501. Notice.
Section 502. Erroneous payments and disqualification for
benefits.
Section 503. Elective coverage.
Section 504. Violations.
Section 505. Judicial review.
Section 506. Family and Medical Leave Insurance Fund.
Section 507. Annual report.
Section 508. Public education.
Section 509. Advisory Board.
Section 510. Regulations.
Chapter 21. Miscellaneous Provisions
Section 2101. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Pennsylvania
Family and Medical Leave Insurance Act.
Section 102. Legislative intent.
The General Assembly finds and declares as follows:
(1) Paid family and medical leave insurance promotes the
physical and emotional health of children and their families.
(2) Paid family and medical leave insurance has a
positive impact on economic stability and ensures competitive
viability for all businesses, but particularly smaller
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businesses.
(3) The establishment of a paid family and medical leave
insurance program is essential to public health, safety and
welfare.
Section 103. 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:
"Application year." The 12-month period beginning on the
first day of the calendar week in which an individual files a
claim for family and medical leave insurance benefits.
"Benefits." The monetary allowances payable to a covered
individual as family and medical leave insurance during an
approved family and medical leave under the program in
accordance with this act.
"Board." The Pennsylvania Family and Medical Leave Insurance
Act Advisory Board established pursuant to section 509.
"Claim." The filing of a written application with the
department for the receipt of benefits.
"Covered individual." An employee, or a self-employed person
who elects coverage pursuant to section 503, who meets the
following requirements, as applicable:
(1) Is currently employed in this Commonwealth or is
previously employed in this Commonwealth within 120 days of
separation from employment.
(2) Meets the employment and income eligibility
requirements set forth in section 303.
(3) Meets the requirements of this act as to the receipt
of benefits.
(4) Submits a claim that is approved by the department.
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"Covered service member." A current or former member of the
armed forces of the United States, including a current or former
member of a reserve component of the armed forces of the United
States or the Pennsylvania National Guard, who meets any of the
following requirements:
(1) Is undergoing medical treatment, recuperation or
therapy.
(2) Is otherwise in outpatient status.
(3) Is on the temporary disability retired list for a
serious injury or illness incurred in the line of duty on
active duty in the armed forces of the United States or a
serious injury or illness that existed before the beginning
of the member's active duty that was aggravated by service in
the line of duty on active duty in the armed forces of the
United States, a reserve component of the armed forces of the
United States or the Pennsylvania National Guard.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." An individual who is employed by an employer
doing business in this Commonwealth.
"Employer." An employer as defined in section 103 of the
Workers' Compensation Act.
"Family." Includes any of the following:
(1) A biological child, adopted or foster child,
stepchild or legal ward, a child of a domestic partner or a
child to whom an employee stands in loco parentis, regardless
of age.
(2) A biological parent, foster parent, stepparent or
adoptive parent or legal guardian of an employee or an
employee's spouse or domestic partner or an individual who
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stood in loco parentis when the employee or the employee's
spouse or domestic partner was a minor child.
(3) An individual to whom the employee is legally
married under the laws of any state or a domestic partner of
an employee as registered under the laws of any state or
political subdivision.
(4) A grandparent, grandchild or sibling whether of a
biological, foster, adoptive or step relationship, of the
employee or the employee's spouse or domestic partner.
(5) An individual for whom the employee is responsible
for providing or arranging care, including helping that
individual obtain diagnostic, preventive, routine or
therapeutic health treatment.
(6) Any other individual whose close association with
the employee is the equivalent of an immediate family
relationship.
"Family and Medical Leave Act of 1993." The Family and
Medical Leave Act of 1993 (Public Law 103-3, 29 U.S.C. § 2601 et
seq.).
"Family and medical leave insurance." Benefits approved and
payable to covered individuals under the program.
"Fund." The Family and Medical Leave Insurance Fund
established under section 506.
"Health care provider." A health care center or a person,
including a corporation, university or other educational
institution licensed or approved by the Commonwealth to provide
health care or professional medical services, including a
physician, a certified nurse midwife, a mental health care
provider, a hospital, a nursing home, a birth center or any
other person determined by the department to be providing health
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care services.
"Leave." The allotted amount of time approved by the
department for the receipt of benefits pursuant to this act.
"Medical certification." Written certification from a health
care provider on a form prepared by the department that verifies
the serious health condition prompting the filing of a claim and
receipt of benefits by a covered individual pursuant to this
act.
"Program." The Pennsylvania Family and Medical Leave
Insurance Program established under section 301.
"Qualifying exigency leave." Leave for the family member of
a military member deployed at home or abroad for the purposes
specified in 29 CFR 825.126 (relating to leave because of a
qualifying exigency).
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
"Serious health condition." An illness, injury, impairment,
pregnancy, recovery from childbirth or physical or mental
condition as defined at section 101(11) of the Family and
Medical Leave Act of 1993 (Public Law 103-3, 29 U.S.C. §
2611(11)).
"Statewide average weekly wage." The average amount of
weekly wages as determined by the department on an annual basis
for each calendar year pursuant to the Workers' Compensation
Act, which shall be posted on the department's publicly
accessible Internet website.
"Unemployment Compensation Law." The act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law.
"Workers' Compensation Act." The act of June 2, 1915
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(P.L.736, No.338), known as the Workers' Compensation Act.
CHAPTER 3
FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM
Section 301. Family and Medical Leave Insurance Program.
(a) Establishment of program.--Within one year of the
effective date of this section, the department shall establish
the Pennsylvania Family and Medical Leave Insurance Program. No
later than two years following the establishment of the program,
the department shall pay family and medical leave insurance
benefits as specified in this act.
(b) Required documentation.--The department shall establish
reasonable procedures and forms for filing a claim under this
act, the documentation necessary to support a claim and any
certification required from a health care provider for proof of
a serious health condition.
(c) Notice of approved claim.--In addition to the notice
provided to an employer by an employee under section 501(d), the
department shall notify the employer within five business days
of an approved claim for benefits under this act.
(d) Information sharing.--Information sharing and
integration technology to facilitate the disclosure of relevant
information or records shall be used as practicable subject to
consent and disclosure requirements under State law.
(e) Confidentiality.--Information contained in the files and
records pertaining to an individual filing a claim under this
act are confidential and shall not be open to public inspection
other than to public employees in the performance of their
official duties.
(f) Cooperation among departments.--To properly effectuate
the provisions of this act, all departments and agencies under
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the jurisdiction of the Governor shall fully cooperate with the
department and provide assistance and support as needed to
ensure the timely and efficient delivery of benefits under this
act.
Section 302. Powers and duties of department.
(a) Administration of act.--The department shall be
responsible for the administration of this act and the fund.
Administration of the program for purposes of this section and
section 506 shall include acquisition, development and
operational costs related to information technology,
infrastructure and personnel needed to process claims and issue
benefits pursuant to the act.
(b) Powers and duties.--To fulfill its responsibilities
under this act, the department shall have the following powers
and duties to:
(1) Calculate and set the amount of benefits payable to
a covered individual as set forth in section 305 initially
and on an annual basis thereafter.
(2) Provide information to employees and employers on
the amount to be deducted as employee payroll premium
contributions as set forth in section 306 initially and every
year thereafter.
(3) Develop and prepare the written notices that
employers must distribute and provide to their employees
pursuant to section 501. The form of the notices shall be
posted on the department's publicly accessible Internet
website.
(4) Prepare and provide the medical certification form
referenced in section 303(d) on the department's publicly
accessible Internet website.
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(5) Prepare and provide the necessary forms for filing
and acknowledging a benefits claim and for providing notice
of benefits approval to both employers and covered individual
employees.
(6) Develop the abstract for employer posting of notice
in the workplace under section 501, which shall be available
on the department's publicly accessibly Internet website.
(7) Prepare and provide the employee complaint form on
the department's publicly accessible Internet website.
(8) Develop any and all forms necessary to ensure
implementation of this act.
(9) Develop procedures to investigate and resolve
complaints under this act.
(10) Conduct an ongoing public outreach campaign to
inform employers and employees about the availability of the
program and the process for filing a benefits claim.
(11) Promulgate regulations as necessary to administer
this act.
(12) Issue an annual report under section 507.
(c) Enforcement of act.--The secretary shall establish a
system for an administrative complaint and appeals process in
the case of a denial of family and medical leave insurance
benefits and all violations assessed under this act. In
establishing the appeals system, the department may utilize
procedures and appeals mechanisms established under the
Unemployment Compensation Law. Procedures to ensure
confidentiality of all information related to any claims filed
or appeals taken shall be implemented in accordance with
applicable laws.
Section 303. Eligibility for family and medical leave insurance
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benefits.
(a) Basis for receipt of benefits.--No later than two years
following establishment of the program, benefits under this act
shall be payable to a covered individual who files an approved
claim based on any of the following:
(1) Because of birth, adoption or placement through
foster care, is caring for a new child during the first year
after the birth, adoption or placement of that child.
(2) Is caring for a family member with a serious health
condition.
(3) Has a serious health condition, including pregnancy,
that renders the covered individual unable to perform the
functions of the individual's position.
(4) In a declared public health emergency, is caring for
a family member with a serious health condition.
(5) Is caring for a family member who is a covered
service member due to a qualifying exigency leave in
accordance with the terms of the Family and Medical Leave Act
of 1993.
(b) Employment and income eligibility requirements.--To be
eligible to file a benefits claim, a covered individual must
have:
(1) Worked at least 18 weeks during the 12-month period
prior to submitting a claim.
(2) Earned at least $2,718 in income during the 12-month
period prior to submitting a claim. This earned income rate
shall be adjusted annually by the department based on the
Pennsylvania Unemployment Insurance Financial Eligibility
Rules.
(c) Interaction with the Workers' Compensation Act and the
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Unemployment Compensation Law.--To file a benefits claim and
receive benefits under this act, a covered individual cannot
receive benefits for the same day under the Workers'
Compensation Act or the Unemployment Compensation Law.
(d) Filing of benefits claim.--An individual seeking
benefits under this act shall submit a claim to the department
providing the required documentation to support a claim for
benefits, including any necessary medical certification.
(e) Medical certification.--A covered individual shall
obtain a medical certification confirming a serious health
condition under subsection (a)(2), (3) and (4) that justify the
filing of a claim and the receipt of benefits under this act and
shall make that information available to the department on the
form prescribed by the department. Any completed medical
certification form regarding a covered individual shall be
entitled to the protections of the Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191, 110 Stat.
1936).
(f) Adjudication of claim.--Upon receipt of all necessary
documentation to support a claim for benefits from a covered
individual, the department shall determine eligibility for
benefits under this act within five business days.
Section 304. Duration of benefits.
(a) Maximum leave duration of 20 weeks.--The maximum number
of weeks during which benefits are payable under section 303(a)
(1) or (3) in an application year is 20 weeks.
(b) Maximum leave duration of 12 weeks.--The maximum number
of weeks during which benefits are payable under section 303(a)
(2), (4) or (5) in an application year is 12 weeks.
(c) Total maximum duration.--The duration of leave under
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subsections (a) and (b) combined cannot exceed a total number of
20 weeks in any one application year regardless of reason.
(d) Initial payment of benefits.--The first payment of
benefits shall be made to a covered individual no later than one
week:
(1) after the claim is filed and approved by the
department; or
(2) from the date the leave is scheduled to commence.
(e) Payment of benefits.--After the initial payment of
benefits, subsequent payments shall be made semimonthly
thereafter for the duration of the approved leave.
Section 305. Amount of benefits.
(a) Calculation of benefits.--The benefits payable to a
covered individual shall be calculated as follows:
(1) the portion of a covered individual's average weekly
wage that is equal to or less than 50% of the Statewide
average weekly wage shall be replaced at a rate of 90%; and
(2) the portion of a covered individual's average weekly
wage that exceeds 50% of the Statewide average weekly wage
shall be replaced at a rate of 50%.
(b) Limitation.--In no case shall the weekly benefits
payable to a covered individual be more than the Statewide
average weekly wage.
(c) Adjustment of benefits calculation.--The department
shall adjust the maximum family and medical leave insurance
benefit cap established in subsection (a) annually based on the
Statewide average weekly wage and shall transmit notice of the
revised family and medical leave insurance benefit rates to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin on an annual basis.
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(d) Limit on taking of benefits and nonsequential leave.--
Under this section and section 307, benefits are not payable for
less than eight hours of leave taken in one work week.
Section 306. Contributions.
(a) Payment into the program.--All persons employed in this
Commonwealth shall be required to contribute to the program for
the purpose of financing the program.
(b) Commencement of payroll premium contributions.--Payroll
premium contributions into the fund for the purpose of financing
the program shall commence at least one year prior to the
payment of any benefits from the fund to covered individuals.
(c) Calculation of payroll premium contributions.--The
amount payable through employee payroll premium contributions
shall be set at 0.588% of an individual employee's wages to
initiate payments into the program. Every year thereafter, the
department shall evaluate and determine the amount of payroll
premium contributions and maximum employee contribution
necessary to finance and adequately support the program. The
premium contribution rate shall be the rate necessary to obtain
a total amount of premium contributions equal to 125% of the
benefits which were paid for the periods of leave during the
last preceding full fiscal year plus an amount equal to 100% of
the cost of administration of the fund during the last preceding
full fiscal year, less the amount of net assets remaining in the
fund as of December 31 of the immediately preceding calendar
year. The payroll premium contribution rate shall be posted on
the department's publicly accessible Internet website.
(d) Notification to employers.--The department shall notify
the Department of Revenue to advise employers of the amount
payable through employee payroll premium contributions.
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(e) Penalty for failure to withhold.--An employer who fails
to withhold payroll premium contributions in accordance with
this act shall be subject to those penalties enforceable through
the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
Code of 1971, for failure to properly withhold wages for income
tax and sales and use tax purposes.
Section 307. Reduced leave schedule.
(a) Taking of nonsequential leave.--A covered individual
shall be entitled to utilize the leave authorized under section
304, at the option of the covered individual, to take leave on
an intermittent or reduced leave schedule in which all of the
leave authorized under this act is not taken sequentially.
Family and medical leave insurance benefits for intermittent or
reduced leave schedules shall be prorated.
(b) Impact on duration of leave.--Nonsequential leave taken
under this section shall not result in a reduction in the total
amount of family and medical leave to which a covered individual
is entitled beyond the amount of leave actually taken.
(c) Total amount of leave allowed.--Nothing in this section
shall be construed to enable a covered individual to take more
leave than allowed under section 304.
Section 308. Employment protections.
(a) Restoration of employment position.--Any covered
individual who takes leave pursuant to this act shall, upon the
expiration of that leave, be restored by the employer to the
position previously held by the covered individual when the
leave commenced, or to a position with equivalent seniority,
status, employment benefits, pay and other terms and conditions
of employment.
(b) Health care benefits maintained.--For the duration of a
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leave approved under this act, the employer shall maintain any
health care benefits the covered individual had prior to taking
leave as if the covered individual had continued in employment
continuously from the date leave was commenced until the date
the leave terminates. A covered individual shall continue to pay
the covered individual's share of the cost of health benefits as
required prior to the commencement of the leave.
(c) Interference with benefits.--It shall be unlawful for an
employer or any other person to interfere with, restrain or deny
the exercise of, or the attempt to exercise, any protection
afforded under this act.
(d) Retaliation prohibited.--An employer, temporary help
company, employment agency, employee organization or other
person shall not take retaliatory personnel action or otherwise
discriminate against a person because the person took any action
in accordance with this act, including:
(1) Applying for or using benefits or taking leave under
this act.
(2) Communicating to the employer or any other person or
entity an intent to file and act on a claim, a complaint or
an appeal with the department or a court of competent
jurisdiction.
(e) Consideration of absence.--It shall be unlawful for an
employer to count leave taken under this act as an absence that
may lead to or result in a retaliatory personnel action.
(f) Good faith protection.--Protections under this section
shall apply to any person who mistakenly but in good faith
alleges a violation of this act.
(g) Definition.--As used in this section, the term
"retaliatory personnel action" includes any threat, discipline,
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discharge, suspension, demotion, reduction of hours or any other
adverse action taken against an employee for exercising the
rights and protections afforded by this act. The term shall also
include interference with or punishment for participating in or
acting on a complaint or appeal under this act.
Section 309. Coordination of benefits.
(a) Leave concurrent with Federal law.--Leave taken under
this act that also qualifies as leave under the Family and
Medical Leave Act of 1993 shall run concurrently with leave
taken under the Family and Medical Leave Act of 1993.
(b) Coordination with other paid leave.--An employee may
elect to utilize paid leave available under any other Federal or
State law, collective bargaining agreement or employer policy
prior to receiving benefits under this act. Employers shall
provide employees with written notice of the opportunity to make
the election, and inform employees how leave will be coordinated
absent any election.
(c) Employer's obligation.--This act does not diminish an
employer's obligation to comply with any of the following that
provide more generous leave:
(1) A collective bargaining agreement.
(2) An employer policy.
(3) Any other Federal or State law.
(d) Prohibition on subsequent collective bargaining
agreement or employer policy.--An individual's right to leave
and the payment of benefits under this act may not be diminished
by a collective bargaining agreement entered into or renewed, or
an employer policy adopted or retained, after the effective date
of this section. Any agreement by an individual to waive the
individual's rights under this act is void as against public
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policy.
(e) Impact on Workers' Compensation Act.--Nothing in this
act shall be construed to impact the provisions of the Workers'
Compensation Act with regard to work-related injuries.
(f) Impact on Public Employe Relations Act.--Nothing in this
act shall be construed to supersede or preempt the rights,
remedies and procedures afforded to employees or labor
organizations under Federal or State law, including the act of
July 23, 1970 (P.L.563, No.195), known as the Public Employe
Relations Act, or any provision of a collective bargaining
agreement negotiated between an employer and an exclusive
representative of the employees in accordance with the Public
Employe Relations Act.
CHAPTER 5
ADMINISTRATION AND PROCEDURES
Section 501. Notice.
(a) Employer notice to employees.--Upon initial hiring of an
employee, and annually thereafter, an employer shall provide
written notice of the requirements of this act using the notices
prepared and posted by the department under section 302.
(b) Employer acknowledgment of leave request.--Using the
form prepared by the department under section 302, an employer
shall provide written acknowledgment to an employee when the
employee requests leave under this act. The acknowledgment shall
include:
(1) An explanation of the employee's right to benefits
under this act and the terms for its use.
(2) The amount of benefits.
(3) The procedure for filing a benefits claim with the
department.
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(4) Provisions on job protection and benefits
continuation under section 308.
(5) The prohibition on employer discrimination and
retaliatory personnel action against a person for requesting,
applying for or using leave as provided in section 308.
(6) The employee's ability to file a complaint for
violations of this act.
(c) Public display of notice.--Using the abstract for
employer posting available on the department's publicly
accessible Internet website, an employer shall display and
maintain a poster in a conspicuous place accessible to employees
at the employer's place of business that contains the
information required by this section in English and Spanish,
with consideration to the inclusion of other significant
languages spoken in the workplace.
(d) Employee notice to employer.--When the need for leave is
known to the employee at least 15 days in advance, the employee
shall provide written or verbal notice to the employer of the
need and schedule for taking leave at least 15 days prior to
taking leave. The employee shall make a reasonable effort to
schedule leave in a manner that does not unduly disrupt the
operations of the employer. For all other absences, the employee
shall notify the employer as soon as practicable including if
the need arises immediately before or after the employee has
reported for work.
Section 502. Erroneous payments and disqualification for
benefits.
(a) Employee disqualification.--A covered individual is
disqualified from receiving benefits for one year if the
individual is determined by the department to have willfully
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made a false statement or misrepresentation regarding a material
fact, or willfully failed to report a material fact, to obtain
benefits under this act.
(b) Incorrect payment of benefits.--In the event benefits
under this act are paid:
(1) Erroneously without fault or for a claim that is
subsequently rejected after benefits are paid, the department
may seek repayment through a reasonable reduction in any
future benefits due the recipient.
(2) As a result of willful misrepresentation by the
recipient, the recipient shall be liable to repay a sum equal
to the amount of benefits derived through that willfil
misrepresentation and the recipient shall be further
disqualified for benefits as set forth in subsection (a).
Section 503. Elective coverage.
(a) Self-employed option.--A self-employed person, including
a sole proprietor, partner or participant in a joint venture,
may elect coverage under this act for an initial period of not
less than three years upon meeting all of the following
requirements:
(1) Filing a notice of election in writing with the
department, effective on the date of filing the notice.
(2) Supplying all income information that the department
deems necessary.
(3) Compliance with all eligibility, employment and
income requirements set forth in section 303.
(b) Withdrawal from coverage.--A self-employed person who
has elected coverage may withdraw from coverage within 30 days
after the end of the three-year period of coverage, or at other
times as the department may prescribe. Upon filing written
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notice with the department, the self-employed person's
withdrawal from coverage shall take effect no later than 30 days
after filing the notice of withdrawal.
Section 504. Violations.
An employer who violates the requirements of sections 308,
309 or 501 shall be subject to the penalties as set forth in
section 107 of the Family and Medical Leave Act of 1993.
Section 505. Judicial review.
Judicial review of any decision regarding the denial of
benefits or an appeal of any violation of this act shall be
permitted in a court of competent jurisdiction after a party
aggrieved thereby has exhausted all administrative remedies
established by the department.
Section 506. Family and Medical Leave Insurance Fund.
(a) Fund established.--The Family and Medical Leave
Insurance Fund is established as a special nonlapsing fund in
the State Treasury.
(b) Deposit of money.--Money from employee payroll premium
contributions paid under section 306 and any financial penalties
imposed under this act shall be deposited into the fund and used
by the department for the administration of the program and the
payment of benefits to covered individuals.
(c) Continuing appropriation.--All money deposited in the
fund and all interest accrued is appropriated to the department
on a continuing basis to administer the program and provide
benefits under this act.
(d) Limitations on fund.--
(1) No administrative action shall prevent the deposit
of money into the fund in the fiscal year in which the money
is received.
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(2) The fund may only be used for the program authorized
under this act. Money in the fund cannot be transferred or
diverted to any other purpose by administrative action.
(e) Other deposits.--The department may deposit into the
fund any other funds received for the purposes set forth in this
act.
Section 507. Annual report.
(a) Annual report.--Beginning in 2025, and each year
thereafter, the department shall submit a report to the chair
and minority chair of the Labor and Industry Committee of the
Senate and to the chair and minority chair of the Labor and
Industry Committee of the House of Representatives no later than
September 1 that includes:
(1) Actual program participation by category as
delineated in paragraph (2), including total number of leaves
taken.
(2) Beneficiary gender for leaves taken.
(3) Types of family members for whom leave was taken to
provide care.
(4) Payroll premium contribution rate calculations for
the current and previous calendar year and projected rate
calculations for the next three calendar years.
(5) Projected program participation over the next three
calendar years.
(6) Account balances.
(7) The scope and success of outreach efforts.
(8) Recommendations for improvements to the program.
(b) Public posting of annual report.--The department shall
make the report available on the department's publicly
accessible Internet website. Monthly data should also be made
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available online.
Section 508. Public education.
(a) Outreach campaign.--The department shall conduct a
public education campaign to inform employees and employers
regarding the availability of family and medical leave benefits
under this act. The department shall allocate at least $500,000
from the fund annually to pay for a public education program
that informs employees about benefits and eligibility under this
act. Outreach information shall be available in English, Spanish
and other languages as determined by the department.
(b) Community outreach.--The department may utilize outreach
money to identify and assist appropriate community organizations
in educating hard-to-reach populations or industries, including
low-income employees, employees and employers in industries that
do not typically provide paid family leave and employees and
employers whose primary language is not English.
Section 509. Advisory Board.
The department shall form the Pennsylvania Family and Medical
Leave Insurance Act Advisory Board to assist in the
implementation of the program and ensure effective public
outreach regarding the availability of benefits under this act.
(a) Composition of board.--The Board shall be composed of
the following:
(1) The secretary of the department or a designee, who
shall serve as the chairperson.
(2) The State Treasurer or a designee.
(3) The chairperson and minority chairperson of the
Labor and Industry Committee of the Senate or a designee.
(4) The chairperson and minority chairperson of the
Labor and Industry Committee of the House of Representatives
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or a designee.
(5) Six members appointed by the secretary representing
an equal number of employers and employees who are residents
of and who work within this Commonwealth.
(b) Terms.--Ex officio members shall serve for the length of
the individual's terms. Members appointed pursuant to subsection
(a)(5) shall serve four-year terms and shall not be eligible to
serve more than two full consecutive terms.
(c) Quorum.--A majority of the members of the board
participating in person or by video conference shall constitute
a quorum.
(d) Meetings.--The board shall meet at the call of the chair
and shall hold meetings at least biannually.
(e) Public access.--The board shall permit the public to
view or listen to an advisory board meeting through
contemporaneous methods and shall make the recordings available
on the department's publicly accessible Internet website.
(f) Expenses.--Members shall not receive compensation but
shall be reimbursed for actual expenses incurred in service of
the board.
Section 510. Regulations.
The department shall promulgate regulations as necessary to
implement and administer this act. Final form regulations shall
be promulgated no later than September 1, 2023.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. Effective date.
This act shall take effect in 180 days.
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