An Act establishing the Pennsylvania Family and Medical Leave Program and the Family and Medical Leave Fund...
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SB 580 — An Act establishing the Pennsylvania Family and Medical Leave Program and the Family and Medical Leave Fund; conferring powers and imposing duties on the Department of Labor and Industry; creating a right of action; and imposing penalties.
Last action — Laid on the table (Pursuant to Senate Rule 9)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
963 added · 958 removedPlain-language change summary
The latest version of Bill SB 580 has been updated to include language that explicitly protects military members who have been notified of an impending deployment, in addition to those already deployed. This change is significant because it strengthens the rights of military personnel by ensuring they are protected from retaliatory actions, such as being disciplined or fired, when they take leave related to their military duties. This amendment underscores the commitment to supporting service members and recognizing the unique challenges they face.
PRIOR PRINTER'S NO.
1469 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
5801721 2024THE INTRODUCEDGENERAL BYASSEMBLY ROBINSON,OF COLLETT,PENNSYLVANIA KANE,SENATE TARTAGLIONE,BILL BOSCOLA,Session HAYWOOD,of KEARNEY,No. COSTA, COMITTA, SCHWANK, LAUGHLIN, BREWSTER, SANTARSIERO, FARRY, STREET AND FLYNN, MARCH 28, 2024 REFERRED TO LABOR AND INDUSTRY, MARCH 28, 2024 AN ACT Establishing the Pennsylvania Family and Medical Leave Program and the Family and Medical Leave Fund;
580 2024 INTRODUCED BY ROBINSON, COLLETT, KANE, TARTAGLIONE, BOSCOLA, HAYWOOD, KEARNEY, COSTA, COMITTA, SCHWANK, LAUGHLIN, BREWSTER, SANTARSIERO, FARRY, STREET, FLYNN, CAPPELLETTI AND DILLON, MARCH 28, 2024 SENATOR ROBINSON, LABOR AND INDUSTRY, AS AMENDED, JUNE 11, 2024 AN ACT Establishing the Pennsylvania Family and Medical Leave Program and the Family and Medical Leave Fund;
(2) Paid family and medical leave has a positive impact on economic stability and ensures competitive viability for 20240SB0580PN146920240SB0580PN1721 - 2 - all businesses, but particularly smaller businesses.
(7) Knowingly restricting the movement or independence 20240SB0580PN146920240SB0580PN1721 - 3 - of a vulnerable adult without the vulnerable adult's consent by removing means of transportation, communication or access to other activities of daily living, including removing access to assistive technology, communication devices or mobility aids.
(5) Relocate or engage in the process of securing a new residence due to the applicable qualifying act, including, but not limited to, securing temporary or permanent housing 20240SB0580PN146920240SB0580PN1721 - 4 - or enrolling children in a new school.
(1) Is currently employed in this Commonwealth or was 20240SB0580PN146920240SB0580PN1721 - 5 - previously employed in this Commonwealth within 120 days of separation from employment.
"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) Intentionally, knowingly or recklessly causing, or attempting to cause, bodily injury, serious bodily injury or 20240SB0580PN146920240SB0580PN1721 - 6 - sexual violence.
Code § 3041.3 § 3042.3 (relating to definitions).
<-- (4) The infliction of false imprisonment under 18 Pa.C.S.
(5) An individual who regularly resides in the 20240SB0580PN146920240SB0580PN1721 - 7 - employee's home or where the relationship creates an expectation that the employee cares for the individual and that the individual depends on the employee for care.
"Qualifying act of violence." An act, conduct or pattern of conduct that could constitute any of the following, regardless of whether anyone is arrested or charged with committing a 20240SB0580PN146920240SB0580PN1721 - 8 - crime:
"Qualifying exigency leave." Leave for the family member of a military member deployed at home or abroadabroad, OR WHO HAS BEEN <-- NOTIFIED OF AN IMPENDING DEPLOYMENT AT HOME OR ABROAD, for the purposes specified in 29 CFR 825.126 (relating to leave because of a qualifying exigency).
(1) Any threat, discipline, discharge, suspension, demotion, reduction of hours or any other adverse action taken against an employee for exercising the rights and 20240SB0580PN1721 - 9 - protections afforded by this act.
20240SB0580PN1469 - 9 - (2) Interference with or punishment for participating in or acting on a complaint or appeal under this act.
or 20240SB0580PN1721 - 10 - (ii) which as a result intentionally, knowingly or 20240SB0580PN1469 - 10 - recklessly places the other individual in reasonable fear of bodily injury or causes substantial emotional distress to the other individual.
§ 5945.1 (relating to confidential communications with sexual 20240SB0580PN1721 - 11 - assault counselors).
20240SB0580PN1469 - 11 - (2) A domestic violence program as defined in 23 Pa.C.S.
(c) Notice of approved claim.--In addition to the notice provided to an employer by an employee under section 501(d), the 20240SB0580PN1721 - 12 - department shall notify the employer within 10 business days of 20240SB0580PN1469 - 12 - an approved claim for benefits under this act.
(1) Calculate and set the amount of benefits payable to a covered individual under section 305 initially and on an 20240SB0580PN1721 - 13 - annual basis thereafter.
20240SB0580PN1469 - 13 - (2) Provide information to employees and employers on the amount to be deducted as employee payroll contributions under section 306 initially and every year thereafter.
20240SB0580PN1721 - 14 - (13) Develop procedures to investigate and resolve 20240SB0580PN1469 - 14 - complaints under this act.
(3) Has a serious health condition, including pregnancy, 20240SB0580PN1721 - 15 - that renders the covered individual unable to perform the 20240SB0580PN1469 - 15 - functions of the individual's position.
(4) Is caring for a family member who is a covered <-- service member due to a qualifying exigency leave in accordance with the terms of 29 U.S.C.
DUE TO A QUALIFYING EXIGENCY <-- LEAVE.
20240SB0580PN1721 - 16 - (1) A check, check stub or payroll record.
(2) A tax return, including IRS form W-2 and form 1099, 20240SB0580PN1469 - 16 - or successor forms.
20240SB0580PN1721 - 17 - (2) Confidential medical documentation may not be released by the department unless written authorization is 20240SB0580PN1469 - 17 - provided by an employee or covered individual.
or (vi) any other form of documentation that reasonably verifies that the employee or the employee's family member is a victim, including a written statement signed 20240SB0580PN1721 - 18 - by the employee or signed by an individual authorized to act on the employee's behalf.
20240SB0580PN1469 - 18 - (2) Furnishing documentation or providing a certification under this subsection shall not waive any confidentiality or privilege that may exist between the employee or victim and a third party.
(j) Determination of eligibility.--Upon receipt of all 20240SB0580PN1721 - 19 - necessary documentation to support a claim for benefits from a covered individual, the department shall determine eligibility 20240SB0580PN1469 - 19 - for benefits under this act within 20 business days.
and 20240SB0580PN1721 - 20 - (ii) the portion of a covered individual's average weekly wage that exceeds 50% of the Statewide average 20240SB0580PN1469 - 20 - weekly wage shall be replaced at a rate of 50%.
(v) If the covered employee has not been employed by the employer for at least three consecutive periods of 13 calendar weeks in the 52 weeks immediately preceding the leave period, the average weekly wage shall be calculated by dividing by 13 the total wages earned in the employ of the employer for any completed period of 13 calendar 20240SB0580PN1721 - 21 - weeks immediately preceding the leave period, and by averaging the total amounts earned during the periods.
20240SB0580PN1469 - 21 - (vi) If the employee has worked less than a complete period of 13 calendar weeks and does not have fixed weekly wages, the average weekly wage shall be the hourly wage rate multiplied by the number of hours the employee was expected to work per week under the terms of employment.
20240SB0580PN1721 - 22 - (ii) Deductions from wages due to the employer for rent and supplies necessary for the employee's use in the 20240SB0580PN1469 - 22 - performance of labor.
(c) Adjustment of benefits calculation.--The department 20240SB0580PN1721 - 23 - shall adjust the maximum family and medical leave benefit cap established in subsection (a) annually based on the Statewide 20240SB0580PN1469 - 23 - average weekly wage and shall transmit notice of the revised family and medical leave benefit rates to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin on an annual basis.
(2) Every year thereafter, the department shall evaluate and determine the amount of payroll contributions and maximum employee contributions necessary to finance and adequately 20240SB0580PN1721 - 24 - support the program.
(3)THE TheRATE payrollSHALL contributionNOT rateEXCEED shall1% beOF postedAN on<-- theINDIVIDUAL 20240SB0580PN1469EMPLOYEE'S -WAGES. 24 - department's publicly accessible Internet website.
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(3) The payroll contribution rate shall be posted on the department's publicly accessible Internet website.
20240SB0580PN1721 - 25 - (a) Restoration of employment position.--A covered individual who takes leave pursuant to this act shall, upon the expiration of that leave, be restored by the employer to the 20240SB0580PN1469 - 25 - 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.
20240SB0580PN1721 - 26 - (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.
20240SB0580PN1469 - 26 - (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.
(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 20240SB0580PN1721 - 27 - of this subsection.
20240SB0580PN1469 - 27 - (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.
(1) Benefits to a covered individual under section 20240SB0580PN1721 - 28 - 303(a)(1) and (3) for the maximum number of weeks required under section 304(a) in a benefit year.
(2) Benefits to a covered individual under section 20240SB0580PN1469 - 28 - 303(a)(2), (4) and (5) for the maximum number of weeks required under section 304(b) in a benefit year.
(11) That the cost to employees covered by a private plan shall not be greater than the cost charged to employees under section 306(c) and posted on the department's publicly 20240SB0580PN1721 - 29 - accessible Internet website under section 306(c)(3).
(b) Additional employer duties.--To be eligible for a waiver under subsection (a), an employer shall meet all of the 20240SB0580PN1469 - 29 - following requirements:
20240SB0580PN1721 - 30 - (d) Termination of waiver.--If the secretary finds that the terms and conditions of a private plan granted a waiver under this section have been violated, the department may terminate 20240SB0580PN1469 - 30 - the waiver.
20240SB0580PN1721 - 31 - CHAPTER 5 ADMINISTRATION AND PROCEDURES Section 501.
20240SB0580PN1469 - 31 - (a) Employer notice to employees.--Except for an employer that has been issued a waiver under section 310, 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.
(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 20240SB0580PN1721 - 32 - 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 20240SB0580PN1469 - 32 - languages spoken in the workplace.
(i) Recoupment from future benefits shall not exceed one-third of the maximum benefit amount due to the 20240SB0580PN1721 - 33 - recipient for any week.
(ii) Recoupment from future benefits shall not occur more than three years after the incorrect payment of 20240SB0580PN1469 - 33 - benefits.
20240SB0580PN1721 - 34 - (2) Supplying all income information that the department deems necessary.
(3) Compliance with all eligibility, employment and 20240SB0580PN1469 - 34 - income requirements under section 303.
20240SB0580PN1721 - 35 - (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 20240SB0580PN1469 - 35 - benefits under this act.
(5) Projected program participation over the next three 20240SB0580PN1721 - 36 - calendar years.
20240SB0580PN1469 - 36 - (8) Recommendations for improvements to the program.
(a) Establishment.--The department shall establish the Pennsylvania Family and Medical Leave Act Advisory Board to assist in the implementation of the program and ensure effective 20240SB0580PN1721 - 37 - public outreach regarding the availability of benefits under this act.
(b) Composition of board.--The board shall be composed of 20240SB0580PN1469 - 37 - the following:
(f) Public access.--The board shall permit the public to view or listen to an advisory board meeting through 20240SB0580PN1721 - 38 - contemporaneous methods and shall make the recordings available on the department's publicly accessible Internet website.
(g) Expenses.--Members shall not receive compensation but 20240SB0580PN1469 - 38 - shall be reimbursed for actual expenses incurred in service of the board.
(d) Civil action by secretary.--The secretary may bring an 20240SB0580PN1721 - 39 - action in Commonwealth Court to recover damages and other appropriate relief.
(e) Money recovered by secretary.--Money recovered by the 20240SB0580PN1469 - 39 - secretary shall be held in a special deposit account and shall be paid directly to each employee affected within 60 days of receipt.
20240SB0580PN146920240SB0580PN1721 - 40 -
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Action History
-
Laid on the table (Pursuant to Senate Rule 9)
-
First consideration
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Reported as amended
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Referred to Labor & Industry
Sponsors
- Devlin J. Robinson · Primary
- Maria Collett · Cosponsor
- John I. Kane · Cosponsor
- Lisa M. Boscola · Cosponsor
- Art Haywood · Cosponsor
- Jay Costa · Cosponsor
- Carolyn T. Comitta · Cosponsor
- Daniel Laughlin · Cosponsor
- James Brewster · Cosponsor
- Frank A. Farry · Cosponsor
- Sharif Street · Cosponsor
- Marty Flynn · Cosponsor
- Amanda M. Cappelletti · Cosponsor
- Jimmy Dillon · Cosponsor
- Steven J. Santarsiero · Cosponsor
- Judith L. Schwank · Cosponsor
- Timothy P. Kearney · Cosponsor
- Christine M. Tartaglione · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 17 co-sponsors · 235 not signed on · 2 voted No
Sponsors (1)
- Devlin J. Robinson Republican
Co-sponsors (17)
- Maria Collett Democratic
- John I. Kane Democratic
- Lisa M. Boscola Democratic
- Art Haywood Democratic
- Jay Costa Democratic
- Carolyn T. Comitta Democratic
- Daniel Laughlin Republican
- James Brewster
- Frank A. Farry Republican
- Sharif Street Democratic
- Marty Flynn Democratic
- Amanda M. Cappelletti Democratic
- Jimmy Dillon
- Steven J. Santarsiero Democratic
- Judith L. Schwank Democratic
- Timothy P. Kearney Democratic
- Christine M. Tartaglione Democratic
Not signed on (235)
235 members have not signed on to this bill.
Show all 235 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 2 | 0 | 0 |
| Unaffiliated | 1 | 1 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 8 | 3 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Jimmy Dillon | — | Yea |
| John Disanto | — | Nay |
| Christine M. Tartaglione | Democratic | Yea |
| John I. Kane | Democratic | Yea |
| Marty Flynn | Democratic | Yea |
| Camera Bartolotta | Republican | Yea |
| Daniel Laughlin | Republican | Yea |
| Devlin J. Robinson | Republican | Yea |
| Kim L. Ward | Republican | Nay |
| Lisa Baker | Republican | Nay |
| Rosemary M. Brown | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 1 | 0 | 0 |
| Unaffiliated | 1 | 1 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 9 | 2 | 0 | 0 |
| % of votes cast | 82% | 18% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Jimmy Dillon | — | Yea |
| John Disanto | — | Nay |
| Christine M. Tartaglione | Democratic | Yea |
| John I. Kane | Democratic | Yea |
| Marty Flynn | Democratic | Yea |
| Camera Bartolotta | Republican | Yea |
| Daniel Laughlin | Republican | Yea |
| Devlin J. Robinson | Republican | Yea |
| Kim L. Ward | Republican | Yea |
| Lisa Baker | Republican | Nay |
| Rosemary M. Brown | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 580?
- SB 580 is sponsored by Devlin J. Robinson (Republican), Maria Collett (Democratic), John I. Kane (Democratic), Lisa M. Boscola (Democratic), Art Haywood (Democratic), Jay Costa (Democratic), Carolyn T. Comitta (Democratic), Daniel Laughlin (Republican), James Brewster, Frank A. Farry (Republican), Sharif Street (Democratic), Marty Flynn (Democratic), Amanda M. Cappelletti (Democratic), Jimmy Dillon, Steven J. Santarsiero (Democratic), Judith L. Schwank (Democratic), Timothy P. Kearney (Democratic), and Christine M. Tartaglione (Democratic).
- What is the current status of SB 580?
- This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 580?
- Track SB 580 free on One Click Politics — get push/email alerts when it moves.
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