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A03548
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1890
Session of
2019
INTRODUCED BY RYAN, RAPP, BARRAR, BERNSTINE, CALTAGIRONE,
DIAMOND, ECKER, GLEIM, HELM, JAMES, KULIK, MOUL, MURT,
PICKETT, POLINCHOCK, SCHMITT, STAATS, WHEELAND AND ZIMMERMAN,
SEPTEMBER 26, 2019
REFERRED TO COMMITTEE ON HEALTH, SEPTEMBER 26, 2019
AN ACT
Providing for the final disposition of fetal remains and for
paid family leave; and imposing penalties.
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 Final
Disposition of Fetal Remains 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 Health of the Commonwealth.
"Eligible employee." As defined in the FMLA.
"Employer." A person engaged in commerce or an industry or
activity affecting commerce that employs at least four employees
in this Commonwealth for each working day during each of 20 or
more calendar workweeks in the current or preceding calendar
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year. The term includes:
(1) A person who acts, directly or indirectly, in the
interest of an employer to any of the employees of the
employer and any successor in interest of the employer.
(2) The Commonwealth and any of its political
subdivisions and municipal authorities.
"Fetal death." The expulsion or extraction from its mother
of a product of conception which shows no evidence of life after
the expulsion or extraction.
"Fetal remains." The fetus expelled or extracted in the case
of a fetal death.
"FMLA." The Family and Medical Leave Act of 1993 (Public Law
103-3, 29 U.S.C. ยง 2601 et seq.).
"Health care facility." A facility licensed under Chapter 8
of the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
"Person in charge of interment." A person who places or
causes to be placed fetal remains in a grave, vault or other
receptacle or otherwise disposes the fetal remains.
"Unborn child." An individual organism of the species homo
sapiens from fertilization until expulsion or extraction from
its mother.
Section 3. Requirements for the final disposition of fetal
remains.
(a) Costs.--Upon the fetal death of an unborn child, if
a parent of the unborn child selects a location for the final
disposition of the fetal remains other than a location that is
usual and customary for a health care facility, the parent shall
be responsible for the costs relating to the final disposition
of the fetal remains.
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(b) Duties of health care facilities.--Except as provided
under subsection (a), a health care facility that possesses
fetal remains shall have the following duties:
(1) Provide for the final disposition of the fetal
remains in accordance with the burial and transit permit
requirements under 28 Pa. Code Ch. 1 (relating to
(administration of vital records).
(2) Cremate or inter the fetal remains.
(c) Identification requirements.--
(1) Upon the fetal death of an unborn child, a person in
charge of interment shall not be required to designate a name
for the unborn child on the burial or transit permit under 28
Pa. Code Ch. 1, and the space for the name on the burial or
transit permit may remain blank.
(2) In accordance with Article VIII of the act of June
29, 1953 (P.L.304, No.66), known as the Vital Statistics Law
of 1953, information relating to the fetal death of an unborn
child that may identify a parent of the unborn child shall
remain confidential and shall not be subject to public
disclosure.
(d) Simultaneous cremation.--If the fetal remains of an
unborn child are not claimed by a parent of the unborn child, a
person in charge of interment may cremate the fetal remains by
simultaneous cremation.
(e) Certificate of birth.--Upon the fetal death of an unborn
child, the department shall not be required to issue a
certificate of birth resulting in stillbirth under section 207
of the Vital Statistics Law of 1953 to a parent of the unborn
child.
Section 4. Paid family leave.
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(a) General rule.--An employer shall provide not less than
12 weeks of paid leave to an eligible employee during the period
extending from the beginning of a pregnancy to one year after a
miscarriage.
(b) Protections.--An eligible employee who takes leave
provided under subsection (a) shall be entitled to the same
protections and rights that an eligible employee is entitled to
under the FMLA, including protection from discrimination and
interference, the right to reinstatement and the right to
continuation of health care benefits.
(c) Amount of leave and benefits.--
(1) The amount of leave taken by an eligible employee
under this section during a 12-month period shall be counted
against the amount of leave the eligible employee is entitled
to under the FMLA and may be taken at any time from the
beginning of pregnancy to up to one year after a miscarriage.
(2) An eligible employee entitled to paid leave under
this section shall be paid, during the period of leave, the
full rate of pay the eligible employee received before the
period of leave commences or, if the rate of pay is based on
an hourly rate, the weekly average applicable during the four
weeks before the period of leave commences.
(3) An employer of an eligible employee entitled to paid
leave under this section may not, during the period of leave,
terminate, reduce or in any manner diminish the other
benefits or emoluments of employment to which the eligible
employee was entitled before the period of leave commences.
Section 5. Regulations.
The Department of Labor and Industry may promulgate
regulations necessary to implement section 4.
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Section 4 6. Penalties.
A person who violates the provisions of this act section 3
shall be subject to the penalties imposed under Article IX of
the act of June 29, 1953 (P.L.304, No.66), known as the Vital
Statistics Law of 1953.
Section 5 7. Effective date.
This act shall take effect 60 days.
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