Struck = removed from the bill ·
added = the amendment's new text.
PRIORS0140B0287A01204 PRINTER'SMSP:EJH 05/06/19 #90 A01204 AMENDMENTS TO SENATE BILL NO.
287140 PRINTER'SSponsor: NO.
726SENATOR THEBARTOLOTTA GENERALPrinter's ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
140287 2019Amend INTRODUCEDBill, BYpage KILLION,4, DINNIMAN,by BREWSTER,inserting COSTA,between FONTANA,lines HAYWOOD,8 HUGHES,and LEACH,9 SANTARSIERO,Section SCHWANK,6. YUDICHAK, K.
WARD,Funding. KEARNEY AND TARTAGLIONE, FEBRUARY 19, 2019 SENATOR BARTOLOTTA, LABOR AND INDUSTRY, AS AMENDED, MAY 7, 2019 AN ACT Providing for family and medical leave for eligible employees.
The Generaldepartment Assemblyshall ofnot thebe Commonwealthrequired ofto Pennsylvaniaenforce herebythis enactsact asuntil follows:adequate funding is appropriated.
SectionThe 1.Secretary of Labor and Industry shall determine if adequate funding is appropriated.
ShortUpon title.the appropriation of adequate funding, the Secretary of Labor and Industry shall transmit notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
ThisAmend actBill, shallpage be4, knownline and9, mayby bestriking citedout as"6" theand Pennsylvaniainserting Family7 and2019/90MSP/SB0140A01204 Medical- Leave1 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.
"Eligible employee." As defined in the Family and Medical Leave Act of 1993 (Public Law 103-3, 29 U.S.C.
§ 2601 et seq.).
"Employer." An employer in this Commonwealth that is subject to the Family and Medical Leave Act of 1993.
"Grandchild." A biological or adoptive grandson or granddaughter or stepgrandson or stepgranddaughter.
"Grandparent." A biological or adoptive grandfather or grandmother or stepgrandfather or stepgrandmother.
"Sibling." A biological or adoptive brother or sister or stepbrother or stepsister.
Section 3.
Eligibility.
(a) General rule.--An employer shall provide up to six weeks of the same unpaid leave to an eligible employee to which the eligible employee is entitled under the Family and Medical Leave Act of 1993 (Public Law 103-3, 29 U.S.C.
§ 2601 et seq.) to care for a spouse, son, daughter or parent, but only to care for the eligible employee's sibling, grandparent or grandchild, if the sibling, grandparent or grandchild:
(1) does not have a living spouse, child over 17 years of age or parent under 65 years of age;
and (2) has a certified terminal illness.
(b) Protections.--An eligible employee who takes leave provided under subsection (a) is entitled to the same protections and rights that an eligible employee is entitled to under the Family and Medical Leave Act of 1993.
(c) Amount of leave.-- (1) The amount of leave taken by an eligible employee under this section shall not exceed six weeks during a 12- month period.
The 12-month period shall be determined in the same manner that the employer determines the 12-month period for leave under the Family and Medical Leave Act of 1993.
(2) Leave must be taken in a minimum of one-week increments.
(3) Leave taken by an eligible employee under the Family and Medical Leave Act of 1993 shall reduce an employee's 20190SB0140PN0726 - 2 - leave entitlement in any applicable 12-month period under this section, provided that leave taken by an employee in accordance with this section shall not reduce the employee's leave entitlement under the Family and Medical Leave Act of 1993.
(d) Employee notice of leave.--An employee shall provide written or verbal notice of the need to take leave under this section to the employer as soon as practicable.
(e) Medical certification.-- (1) An employer may require certification from a physician to verify terminal illness of an employee providing notice of the need to take leave under this section.
(2) The department shall develop a form that may be used to provide medical certification under this subsection.
(f) Employer posting.--An employer shall post and maintain in a conspicuous place a printed abstract, developed by the department, with the provisions of this act.
Section 4.
Complaints.
An employee may file a complaint with the department on a form prescribed by the department if the employee:
(1) is denied leave;
(2) believes that the employee is entitled to that leave;
and (3) believes that the employer has violated section 3(b).
Section 5.
Administration.
The department has the following power and duties:
(1) Provide the abstract for employer posting on the department's publicly accessible Internet website.
(2) Provide the medical certification form referenced in 20190SB0140PN0726 - 3 - section 3(e) on the department's publicly accessible Internet website.
(3) Provide the employee complaint form on the department's publicly accessible Internet website.
(4) Develop procedures to investigate and resolve complaints.
(5) Promulgate regulations as necessary to administer this act.
SECTION 6.
FUNDING.
<-- THE DEPARTMENT SHALL NOT BE REQUIRED TO ENFORCE THIS ACT UNTIL ADEQUATE FUNDING IS APPROPRIATED.
THE SECRETARY OF LABOR AND INDUSTRY SHALL DETERMINE IF ADEQUATE FUNDING IS APPROPRIATED.
UPON THE APPROPRIATION OF ADEQUATE FUNDING, THE SECRETARY OF LABOR AND INDUSTRY SHALL TRANSMIT NOTICE TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE PENNSYLVANIA BULLETIN.
Section 6 7.
Effective date.
<-- This act shall take effect in 60 days.
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