HB 200 — An Act establishing family and medical leave benefits, the Paid Family and Medical Leave Account and the Paid Family and Medical Leave Grant Program; conferring powers and imposing duties on the Department of Labor and Industry; and imposing penalties.

(b) Deposit of money.--Money from employee payroll 20250HB0200PN307620250HB0200PN2920 - 37 - 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.

20250HB0200PN307620250HB0200PN2920 - 38 - (ii) Beneficiary gender for leaves taken.

(b) Community outreach.--The department may utilize outreach money to identify and assist appropriate community organizations 20250HB0200PN307620250HB0200PN2920 - 39 - 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.

20250HB0200PN307620250HB0200PN2920 - 40 - (d) Quorum.--A majority of the members of the board participating in person or by video conference shall constitute a quorum.

(b) Fees and costs.--The court, in an action under this 20250HB0200PN307620250HB0200PN2920 - 41 - section, shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and other costs of the action to be paid by the defendant.

ESTABLISHING20250HB0200PN2920 FAMILY- AND42 MEDICAL- LEAVE BENEFITS, THE PAID FAMILY <-- AND MEDICAL LEAVE ACCOUNT AND THE PAID FAMILY AND MEDICAL LEAVE GRANT PROGRAM;

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.

DEFINITIONS.

CHAPTER 3.

FAMILY AND MEDICAL LEAVE SECTION 301.

DUTY TO PROVIDE FAMILY AND MEDICAL LEAVE.

SECTION 302.

POWERS AND DUTIES OF DEPARTMENT.

SECTION 303.

ELIGIBILITY FOR FAMILY AND MEDICAL LEAVE.

SECTION 304.

DURATION OF BENEFITS.

SECTION 305.

AMOUNT OF BENEFITS.

SECTION 306.

REDUCED LEAVE SCHEDULE.

20250HB0200PN3076 - 42 - SECTION 307.

EMPLOYMENT PROTECTIONS.

SECTION 308.

COORDINATION OF BENEFITS.

CHAPTER 5.

ADMINISTRATION AND PROCEDURES SECTION 501.

NOTICE.

SECTION 502.

ERRONEOUS PAYMENTS AND DISQUALIFICATION FOR BENEFITS.

SECTION 503.

VIOLATIONS.

SECTION 504.

JUDICIAL REVIEW.

SECTION 505.

REGULATIONS.

SECTION 506.

RIGHT OF ACTION.

CHAPTER 7.

ACCOUNT AND PROGRAM SECTION 701.

PAID FAMILY AND MEDICAL LEAVE ACCOUNT.

SECTION 702.

PAID FAMILY AND MEDICAL LEAVE GRANT PROGRAM.

SECTION 703.

REPORTING.

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 FAMILY AND MEDICAL LEAVE ACT.

SECTION 102.

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:

"ABUSE OF A VULNERABLE ADULT." INCLUDES ANY OF THE FOLLOWING:

(1) FORCED, INAPPROPRIATE USE, OR THE THREAT OF 20250HB0200PN3076 - 43 - INAPPROPRIATE USE, OF MEDICATIONS OR PHYSICAL OR CHEMICAL RESTRAINTS.

(2) MISUSE OF POWER OR AUTHORITY GRANTED TO A PERSON THROUGH A POWER OF ATTORNEY OR BY A COURT IN A GUARDIANSHIP OR CONSERVATORSHIP PROCEEDING THAT RESULTS IN UNREASONABLE CONFINEMENT OR RESTRICTION OF LIBERTY.

(3) ACTS OF VIOLENCE AGAINST, OR THE TAKING, TRANSFERRING, CONCEALING, HARMING OR DISPOSING OF, AN EMOTIONAL SUPPORT OR SERVICE ANIMAL OWNED, POSSESSED OR HELD BY A VULNERABLE ADULT.

(4) THE FAILURE OF A CAREGIVER TO PROVIDE GOODS, CARE OR SERVICES ESSENTIAL TO AVOID A CLEAR AND SERIOUS THREAT TO THE PHYSICAL OR MENTAL HEALTH OF A VULNERABLE ADULT.

(5) AN ACT OR COURSE OF CONDUCT BY A CAREGIVER AGAINST A VULNERABLE ADULT OR A VULNERABLE ADULT'S RESOURCES WITHOUT THE INFORMED CONSENT OF THE VULNERABLE ADULT OR WITH CONSENT OBTAINED THROUGH MISREPRESENTATION, COERCION OR THREATS OF FORCE, THAT RESULTS IN MONETARY, PERSONAL OR OTHER BENEFIT, GAIN OR PROFIT FOR THE PERPETRATOR OR MONETARY OR PERSONAL LOSS TO THE VULNERABLE ADULT.

(6) THE DESERTION OF A VULNERABLE ADULT BY A CAREGIVER.

(7) KNOWINGLY RESTRICTING THE MOVEMENT OR INDEPENDENCE 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.

"ACCOUNT." THE PAID FAMILY AND MEDICAL LEAVE ACCOUNT ESTABLISHED UNDER SECTION 701(A).

"APPLICATION YEAR." THE 12-MONTH PERIOD BEGINNING ON THE 20250HB0200PN3076 - 44 - FIRST DAY OF THE CALENDAR WEEK IN WHICH AN EMPLOYEE FILES A CLAIM FOR BENEFITS.

"ATTESTING THIRD PARTY." A DISABILITY SERVICE ORGANIZATION MANAGER OR COORDINATOR, CAREGIVER AGENCY COORDINATOR OR MANAGER, LAW ENFORCEMENT OFFICIAL, LICENSED HEALTH CARE PROFESSIONAL, LICENSED SOCIAL WORKER, VICTIM ADVOCATE OR VICTIM SERVICE PROVIDER.

"AUTHORIZED REASON FOR LEAVE FOR A QUALIFYING ACT OF VIOLENCE." ANY OF THE FOLLOWING:

(1) TO SEEK OR OBTAIN MEDICAL ATTENTION, REHABILITATIVE SERVICES, ACCESSIBILITY EQUIPMENT OR OTHER TREATMENT RELATED TO A PHYSICAL OR MENTAL INJURY OR DISABILITY CAUSED OR AGGRAVATED BY THE APPLICABLE QUALIFYING ACT OF VIOLENCE.

(2) TO RECOVER FROM A PHYSICAL OR MENTAL INJURY OR DISABILITY CAUSED OR AGGRAVATED BY THE APPLICABLE QUALIFYING ACT OF VIOLENCE.

(3) TO SEEK OR OBTAIN SERVICES FROM A VICTIM SERVICE PROVIDER IN RELATION TO THE APPLICABLE QUALIFYING ACT OF VIOLENCE.

(4) TO SEEK OR OBTAIN MENTAL HEALTH TREATMENT OR OTHER COUNSELING IN RELATION TO THE APPLICABLE QUALIFYING ACT OF VIOLENCE.

(5) TO RELOCATE OR ENGAGE IN THE PROCESS OF SECURING A NEW RESIDENCE DUE TO THE APPLICABLE QUALIFYING ACT OF VIOLENCE, INCLUDING SECURING TEMPORARY OR PERMANENT HOUSING OR ENROLLING CHILDREN IN A NEW SCHOOL.

(6) TO SEEK OR OBTAIN FINANCIAL SERVICES OR MEET WITH A FINANCIAL PROFESSIONAL TO ADDRESS FINANCIAL ISSUES RESULTING FROM THE APPLICABLE QUALIFYING ACT OF VIOLENCE.

(7) TO SEEK, OBTAIN OR PROVIDE CHILD CARE OR CARE TO A 20250HB0200PN3076 - 45 - CARE-DEPENDENT ADULT NECESSARY AS A RESULT OF THE APPLICABLE QUALIFYING ACT OF VIOLENCE.

(8) TO SEEK OR OBTAIN LEGAL SERVICES RELATED TO OR RESULTING FROM THE APPLICABLE QUALIFYING ACT OF VIOLENCE.

(9) TO PREPARE FOR, PARTICIPATE IN OR ATTEND A CIVIL, ADMINISTRATIVE OR CRIMINAL LEGAL PROCEEDING RELATING TO OR RESULTING FROM THE APPLICABLE QUALIFYING ACT OF VIOLENCE.

(10) TO MAKE MODIFICATIONS TO A HOME OR VEHICLE NECESSARY TO CREATE USABILITY OF AND ACCESSIBILITY TO THE HOME OR VEHICLE DUE TO AN INJURY SUSTAINED IN A QUALIFYING ACT OF VIOLENCE.

(11) TO SEEK OR OBTAIN NEW CAREGIVER SERVICES.

(12) TO TAKE ANY OTHER ACTION NECESSARY TO PROTECT OR RESTORE PHYSICAL, MENTAL, EMOTIONAL OR ECONOMIC WELL-BEING AS A RESULT OF THE APPLICABLE QUALIFYING ACT OF VIOLENCE.

"BENEFITS." THE MONETARY ALLOWANCES PAYABLE TO A COVERED INDIVIDUAL FOR FAMILY AND MEDICAL LEAVE DURING AN APPROVED LEAVE IN ACCORDANCE WITH THIS ACT.

"CLAIM." THE FILING OF A WRITTEN APPLICATION WITH AN EMPLOYER FOR THE RECEIPT OF BENEFITS.

"COVERED INDIVIDUAL." AN EMPLOYEE WHO ELECTS COVERAGE IN ACCORDANCE WITH THIS ACT WHO:

(1) MEETS EMPLOYMENT AND INCOME ELIGIBILITY REQUIREMENTS SPECIFIED IN SECTION 303.

(2) MEETS THE REQUIREMENTS OF THIS ACT REGARDING THE RECEIPT OF BENEFITS.

(3) HAS SUBMITTED A CLAIM THAT HAS BEEN APPROVED BY THE EMPLOYER.

"COVERED SERVICE MEMBER." A CURRENT OR FORMER MEMBER OF THE ARMED FORCES OF THE UNITED STATES, INCLUDING A CURRENT OR FORMER 20250HB0200PN3076 - 46 - 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.

"DOMESTIC VIOLENCE." THE OCCURRENCE OF ANY OF THE FOLLOWING ACTS BETWEEN FAMILY OR HOUSEHOLD MEMBERS AS DEFINED IN 23 PA.C.S.

§ 6102(A) (RELATING TO DEFINITIONS):

(1) INTENTIONALLY, KNOWINGLY OR RECKLESSLY CAUSING, OR ATTEMPTING TO CAUSE, BODILY INJURY, SERIOUS BODILY INJURY OR SEXUAL VIOLENCE.

(2) PLACING ANOTHER INDIVIDUAL IN REASONABLE FEAR OF IMMINENT SERIOUS BODILY HARM.

(3) AN ACT OF DOMESTIC AND OTHER VIOLENCE AS DEFINED IN 55 PA.

CODE § 3042.3 (RELATING TO DEFINITIONS).

(4) THE INFLICTION OF FALSE IMPRISONMENT UNDER 18 PA.C.S.

§ 2903 (RELATING TO FALSE IMPRISONMENT).

"EMPLOYEE." AN INDIVIDUAL WHO IS EMPLOYED BY AN EMPLOYER DOING BUSINESS IN THIS COMMONWEALTH.

THE TERM INCLUDES A SELF- 20250HB0200PN3076 - 47 - EMPLOYED INDIVIDUAL.

"EMPLOYER." AS DEFINED IN SECTION 103 OF THE WORKERS' COMPENSATION ACT.

"FAMILY AND MEDICAL LEAVE." BENEFITS APPROVED AND PAYABLE TO COVERED INDIVIDUALS UNDER THIS ACT.

"FAMILY MEMBER." 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 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 WHO REGULARLY RESIDES IN THE 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.

THE TERM DOES NOT INCLUDE AN INDIVIDUAL WHO SIMPLY RESIDES IN THE SAME HOME WITH NO EXPECTATION THAT THE EMPLOYEE CARE FOR THE INDIVIDUAL.

"HEALTH CARE PROVIDER." A HEALTH CARE CENTER OR A PERSON, 20250HB0200PN3076 - 48 - 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, CERTIFIED NURSE MIDWIFE, MENTAL HEALTH CARE PROVIDER, HOSPITAL, NURSING HOME, BIRTH CENTER OR ANY OTHER PERSON DETERMINED BY THE DEPARTMENT TO BE PROVIDING HEALTH CARE SERVICES.

"LEAVE." THE ALLOTTED AMOUNT OF TIME APPROVED BY AN EMPLOYER FOR THE RECEIPT OF BENEFITS.

"MEDICAL CERTIFICATION." WRITTEN CERTIFICATION FROM A HEALTH CARE PROVIDER ON A FORM PREPARED BY THE DEPARTMENT THAT VERIFIES A SERIOUS HEALTH CONDITION PROMPTING THE FILING OF A CLAIM AND RECEIPT OF BENEFITS BY A COVERED INDIVIDUAL UNDER THIS ACT.

"PROGRAM." THE PAID FAMILY AND MEDICAL LEAVE GRANT PROGRAM ESTABLISHED UNDER SECTION 702(A).

"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 CRIME:

(1) DOMESTIC VIOLENCE.

(2) SEXUAL VIOLENCE.

(3) STALKING.

(4) ABUSE OF A VULNERABLE ADULT.

(5) AN ACT OR CONDUCT IN WHICH A PERSON USES FORCE TO CAUSE OR ATTEMPT TO CAUSE PHYSICAL OR MENTAL INJURY TO ANOTHER.

FOR PURPOSES OF THIS PARAGRAPH, THE ACT OR CONDUCT DOES NOT INCLUDE AN ACT OR CONDUCT ARISING OUT OF THE OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE, EXCEPT WHEN THE PERSON ENGAGING IN THE ACT OR CONDUCT:

(I) INTENDED TO CAUSE, OR INTENDED TO THREATEN TO 20250HB0200PN3076 - 49 - CAUSE, PHYSICAL OR MENTAL INJURY;

OR (II) WAS UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE.

(6) AN ACT OR CONDUCT IN WHICH A PERSON MAKES A REASONABLY PERCEIVED OR ACTUAL THREAT OF PHYSICAL OR MENTAL INJURY TO ANOTHER.

FOR PURPOSES OF THIS PARAGRAPH, THE ACT OR CONDUCT DOES NOT INCLUDE AN ACT OR CONDUCT ARISING OUT OF THE OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE, EXCEPT WHEN THE PERSON ENGAGING IN THE ACT OR CONDUCT:

(I) INTENDED TO CAUSE, OR INTENDED TO THREATEN TO CAUSE, PHYSICAL OR MENTAL INJURY;

OR (II) WAS UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE.

"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).

"RETALIATORY PERSONNEL ACTION." (1) ANY THREAT, DISCIPLINE, DISCHARGE, SUSPENSION, DEMOTION, REDUCTION OF HOURS OR OTHER ADVERSE ACTION TAKEN AGAINST AN EMPLOYEE FOR EXERCISING THE RIGHTS AND PROTECTIONS AFFORDED BY THIS ACT.

(2) THE TERM INCLUDES INTERFERENCE WITH OR PUNISHMENT FOR PARTICIPATING IN OR ACTING ON A COMPLAINT OR APPEAL UNDER THIS ACT.

"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 IN 29 U.S.C.

§ 2611(11) (RELATING TO 20250HB0200PN3076 - 50 - DEFINITIONS).

"SEXUAL VIOLENCE." AS DEFINED IN 42 PA.C.S.

§ 62A03 (RELATING TO DEFINITIONS).

"STALKING." CONDUCT IN WHICH AN INDIVIDUAL DOES ANY OF THE FOLLOWING:

(1) ENGAGES IN A COURSE OF CONDUCT OR REPEATEDLY COMMITS ACTS TOWARD ANOTHER INDIVIDUAL, INCLUDING FOLLOWING THE OTHER INDIVIDUAL WITHOUT PROPER AUTHORITY:

(I) UNDER CIRCUMSTANCES WHICH DEMONSTRATE EITHER AN INTENT TO PLACE THE OTHER INDIVIDUAL IN REASONABLE FEAR OF BODILY INJURY OR TO CAUSE SUBSTANTIAL EMOTIONAL DISTRESS TO THE OTHER INDIVIDUAL;

OR (II) WHICH, AS A RESULT, INTENTIONALLY, KNOWINGLY OR RECKLESSLY PLACES THE OTHER INDIVIDUAL IN REASONABLE FEAR OF BODILY INJURY OR CAUSES SUBSTANTIAL EMOTIONAL DISTRESS TO THE OTHER INDIVIDUAL.

(2) ENGAGES IN A COURSE OF CONDUCT OR REPEATEDLY COMMUNICATES TO ANOTHER INDIVIDUAL:

(I) UNDER CIRCUMSTANCES WHICH DEMONSTRATE OR COMMUNICATE EITHER AN INTENT TO PLACE THE OTHER INDIVIDUAL IN REASONABLE FEAR OF BODILY INJURY OR TO CAUSE SUBSTANTIAL EMOTIONAL DISTRESS TO THE OTHER INDIVIDUAL;

OR (II) WHICH, AS A RESULT, INTENTIONALLY, KNOWINGLY OR RECKLESSLY PLACES THE OTHER INDIVIDUAL IN REASONABLE FEAR OF BODILY INJURY OR CAUSES SUBSTANTIAL EMOTIONAL DISTRESS TO THE OTHER INDIVIDUAL.

"STATEWIDE AVERAGE WEEKLY WAGE." THE AVERAGE AMOUNT OF WEEKLY WAGES AS DETERMINED BY THE DEPARTMENT ON AN ANNUAL BASIS FOR EACH CALENDAR YEAR IN ACCORDANCE WITH THE WORKERS' 20250HB0200PN3076 - 51 - 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.

"VICTIM." ANY OF THE FOLLOWING:

(1) AN INDIVIDUAL AGAINST WHOM A QUALIFYING ACT OF VIOLENCE WAS COMMITTED.

(2) AN INDIVIDUAL WHO WAS PHYSICALLY PRESENT AT THE SCENE OF A QUALIFYING ACT OF VIOLENCE AND WITNESSED THE QUALIFYING ACT OF VIOLENCE, WHO DID NOT COMMIT THE QUALIFYING ACT OF VIOLENCE AND WHO AS A DIRECT RESULT:

(I) SUFFERS PHYSICAL OR MENTAL INJURY;

OR (II) REASONABLY BELIEVES THAT THE INDIVIDUAL IS UNDER THE THREAT OF PHYSICAL HARM.

"VICTIM ADVOCATE." AN INDIVIDUAL, WHETHER PAID OR SERVING AS A VOLUNTEER, WHO PROVIDES SERVICES TO VICTIMS UNDER THE AUSPICES OR SUPERVISION OF A VICTIM SERVICE PROVIDER, A COURT OR LAW ENFORCEMENT OR PROSECUTION AGENCY.

"VICTIM SERVICE PROVIDER." AS FOLLOWS:

(1) AN AGENCY OR ORGANIZATION THAT PROVIDES SERVICES TO VICTIMS.

(2) THE TERM INCLUDES:

(I) A RAPE CRISIS CENTER AS DEFINED IN 42 PA.C.S.

§ 5945.1(A) (RELATING TO CONFIDENTIAL COMMUNICATIONS WITH SEXUAL ASSAULT COUNSELORS).

(II) A DOMESTIC VIOLENCE PROGRAM AS DEFINED IN 23 PA.C.S.

§ 6102(A).

(III) AN AGENCY OR ORGANIZATION WITH A DOCUMENTED HISTORY OF PROVIDING SERVICES TO VICTIMS.

20250HB0200PN3076 - 52 - "VULNERABLE ADULT." AN INDIVIDUAL WHO IS AT LEAST 18 YEARS OF AGE OR OLDER, IS RELIANT ON A CAREGIVER AND IS UNABLE TO PROTECT THEIRSELF FROM ABUSE, NEGLECT OR EXPLOITATION BY OTHERS BECAUSE OF A DISABILITY OR IMPAIRMENT.

"WORKERS' COMPENSATION ACT." THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN AS THE WORKERS' COMPENSATION ACT.

CHAPTER 3 FAMILY AND MEDICAL LEAVE SECTION 301.

DUTY TO PROVIDE FAMILY AND MEDICAL LEAVE.

AN EMPLOYER SHALL HAVE THE DUTY TO PROVIDE BENEFITS IN ACCORDANCE WITH THIS ACT TO COVERED INDIVIDUALS.

SECTION 302.

POWERS AND DUTIES OF DEPARTMENT.

TO FULFILL ITS RESPONSIBILITIES UNDER THIS ACT, THE DEPARTMENT SHALL:

(1) DEVELOP THE FOLLOWING FORMS, WHICH THE DEPARTMENT SHALL POST ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE:

(I) THE FORM OF THE WRITTEN NOTICE THAT EMPLOYERS MUST PROVIDE TO THEIR EMPLOYEES IN ACCORDANCE WITH SECTION 501.

(II) THE MEDICAL CERTIFICATION FORM REFERENCED IN SECTION 303(B).

WHEN POSSIBLE, THE DEPARTMENT SHALL USE FEDERAL FAMILY AND MEDICAL LEAVE FORMS AND SHALL ONLY USE A COMPLETED MEDICAL CERTIFICATION FORM REGARDING A COVERED INDIVIDUAL FOR THE PURPOSE OF ADJUDICATING A CLAIM UNDER THIS ACT.

(III) THE NECESSARY FORMS FOR FILING AND ACKNOWLEDGING A BENEFITS CLAIM AND FOR PROVIDING NOTICE OF BENEFITS APPROVAL TO COVERED INDIVIDUALS.

(IV) THE FORM REGARDING EMPLOYEE COMPLAINTS.

(V) ANY OTHER FORM NECESSARY TO IMPLEMENT, 20250HB0200PN3076 - 53 - ADMINISTER AND ENFORCE THIS ACT.

(2) DEVELOP THE ABSTRACT REFERENCED IN SECTION 501(C), WHICH THE DEPARTMENT SHALL POST ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(3) DEVELOP PROCEDURES TO INVESTIGATE AND RESOLVE COMPLAINTS UNDER THIS ACT.

(4) CONDUCT AN ONGOING PUBLIC OUTREACH CAMPAIGN TO INFORM EMPLOYERS AND EMPLOYEES ABOUT THE AVAILABILITY OF FAMILY AND MEDICAL LEAVE.

(5) DEVELOP A SYSTEM FOR AN ADMINISTRATIVE COMPLAINT AND APPEALS PROCESS REGARDING THE DENIAL OF FAMILY AND MEDICAL LEAVE AND VIOLATIONS OF THIS ACT.

(6) DEVELOP PROCEDURES TO ENSURE CONFIDENTIALITY OF INFORMATION RELATED TO CLAIMS FILED OR APPEALS TAKEN, IN ACCORDANCE WITH APPLICABLE LAW.

(7) PROMULGATE REGULATIONS IN ACCORDANCE WITH SECTION 505.

SECTION 303.

ELIGIBILITY FOR FAMILY AND MEDICAL LEAVE.

(A) BASIS FOR RECEIPT OF BENEFITS.--AN EMPLOYEE IS ELIGIBLE TO RECEIVE BENEFITS IF THE EMPLOYEE:

(1) FILES A CLAIM WITH THE EMPLOYER BASED ON ANY OF THE FOLLOWING CIRCUMSTANCES:

(I) BECAUSE OF BIRTH, ADOPTION OR PLACEMENT THROUGH FOSTER CARE, THE EMPLOYEE IS CARING FOR A NEW CHILD DURING THE FIRST YEAR AFTER THE BIRTH, ADOPTION OR PLACEMENT OF THAT CHILD.

(II) THE EMPLOYEE IS CARING FOR A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION.

(III) THE EMPLOYEE HAS A SERIOUS HEALTH CONDITION, INCLUDING PREGNANCY, THAT RENDERS THE EMPLOYEE UNABLE TO 20250HB0200PN3076 - 54 - PERFORM THE FUNCTIONS OF THE EMPLOYEE'S POSITION.

(IV) THE EMPLOYEE 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.

CH.

28 (RELATING TO FAMILY AND MEDICAL LEAVE).

(V) THE EMPLOYEE IS A VICTIM OF A QUALIFYING ACT OF VIOLENCE OR HAS CARED FOR OR IS CARING FOR A FAMILY MEMBER WHO IS A VICTIM OF A QUALIFYING ACT OF VIOLENCE AND IS TAKING LEAVE FOR AN AUTHORIZED REASON FOR LEAVE FOR A QUALIFYING ACT OF VIOLENCE.

(2) IS CURRENTLY EMPLOYED IN THIS COMMONWEALTH OR IS WITHIN 120 DAYS OF SEPARATION FROM EMPLOYMENT IN THIS COMMONWEALTH.

(3) HAS WORKED WITH THE EMPLOYER AT LEAST 18 WEEKS DURING THE 12-MONTH PERIOD PRIOR TO SUBMITTING THE CLAIM.

(4) HAS EARNED AT LEAST $2,718 IN INCOME WITH THE EMPLOYER DURING THE 12-MONTH PERIOD PRIOR TO SUBMITTING THE CLAIM.

THE EARNED INCOME RATE IN THIS PARAGRAPH SHALL BE ADJUSTED ANNUALLY BY THE DEPARTMENT AND REFLECT THE MINIMUM QUALIFYING WAGE TO QUALIFY FOR BENEFITS UNDER THE UNEMPLOYMENT COMPENSATION LAW.

(5) PROVIDES TO THE EMPLOYER THE REQUIRED DOCUMENTATION TO SUPPORT THE CLAIM, INCLUDING ANY NECESSARY MEDICAL CERTIFICATION IN ACCORDANCE WITH SUBSECTION (B).

(B) MEDICAL CERTIFICATION.-- (1) IF THE BASIS OF A CLAIM BY AN EMPLOYEE INVOLVES A SERIOUS HEALTH CONDITION AS REFERENCED IN SUBSECTION (A)(1) (II) OR (III) OR A QUALIFYING ACT OF VIOLENCE REFERENCED IN SUBSECTION (A)(1)(V), THE EMPLOYEE SHALL PROVIDE TO THE EMPLOYER, ON A FORM PRESCRIBED BY THE DEPARTMENT, A MEDICAL 20250HB0200PN3076 - 55 - CERTIFICATION CONFIRMING THE SERIOUS HEALTH CONDITION OR QUALIFYING ACT OF VIOLENCE THAT JUSTIFIES THE CLAIM AND RECEIPT OF BENEFITS.

(2) UNLESS WRITTEN AUTHORIZATION IS PROVIDED BY AN EMPLOYEE OR COVERED INDIVIDUAL, THE DEPARTMENT OR AN EMPLOYER MAY NOT RELEASE CONFIDENTIAL MEDICAL DOCUMENTATION OF THE EMPLOYEE OR COVERED INDIVIDUAL.

(C) QUALIFYING ACT OF VIOLENCE CERTIFICATION.-- (1) THE EMPLOYER MAY REQUIRE THAT AN EMPLOYEE, WITHIN A REASONABLE PERIOD AFTER THE ABSENCE, PROVIDE DOCUMENTATION THAT THE EMPLOYEE OR FAMILY MEMBER OF THE EMPLOYEE IS A VICTIM OF A QUALIFYING ACT OF VIOLENCE.

(2) THE EMPLOYEE MAY SATISFY THE CERTIFICATION REQUIREMENT BY PROVIDING TO THE EMPLOYER ANY OF THE FOLLOWING:

(I) A COPY OF A VALID COURT ORDER THAT RESTRAINS THE PERSON ALLEGED TO HAVE COMMITTED THE QUALIFYING ACT OF VIOLENCE FROM CONTACT WITH THE EMPLOYEE OR FAMILY MEMBER OF THE EMPLOYEE.

(II) MEDICAL OR MENTAL HEALTH RECORDS INDICATING THAT THE EMPLOYEE OR FAMILY MEMBER OF THE EMPLOYEE IS A VICTIM OF A QUALIFYING ACT OF VIOLENCE.

(III) A POLICE REPORT DOCUMENTING THE ACT OF WHICH THE EMPLOYEE OR FAMILY MEMBER OF THE EMPLOYEE IS A VICTIM OF A QUALIFYING ACT OF VIOLENCE.

(IV) EVIDENCE THAT THE PERSON ALLEGED TO HAVE COMMITTED THE QUALIFYING ACT OF VIOLENCE HAS BEEN CHARGED WITH OR CONVICTED OF AN ACT OF WHICH THE EMPLOYEE OR FAMILY MEMBER OF THE EMPLOYEE IS A VICTIM.

(V) A WRITTEN CERTIFICATION SIGNED BY AN ATTESTING 20250HB0200PN3076 - 56 - THIRD PARTY THAT AFFIRMS THAT THE EMPLOYEE OR FAMILY MEMBER OF THE EMPLOYEE IS A VICTIM OF A QUALIFYING ACT OF VIOLENCE.

(VI) ANY OTHER FORM OF DOCUMENTATION THAT REASONABLY VERIFIES THAT THE EMPLOYEE OR FAMILY MEMBER OF THE EMPLOYEE IS A VICTIM OF A QUALIFYING ACT OF VIOLENCE, INCLUDING A WRITTEN STATEMENT SIGNED BY THE EMPLOYEE OR AN INDIVIDUAL AUTHORIZED TO ACT ON BEHALF OF THE EMPLOYEE.

(3) FURNISHING DOCUMENTATION OR PROVIDING A CERTIFICATION UNDER THIS SUBSECTION IS NOT A WAIVER OF ANY CONFIDENTIALITY OR PRIVILEGE THAT MAY EXIST BETWEEN THE EMPLOYEE OR VICTIM AND AN ATTESTING THIRD PARTY.

(4) THE EMPLOYER MAY NOT REQUIRE:

(I) THAT THE EMPLOYEE PROVIDE A CERTIFICATION THAT EXPLAINS THE DETAILS OF THE QUALIFYING ACT OF VIOLENCE.

(II) DISCLOSURE OF DETAILS RELATING TO A QUALIFYING ACT OF VIOLENCE OR THE DETAILS OF THE MEDICAL CONDITION OF THE EMPLOYEE OR FAMILY MEMBER OF THE EMPLOYEE AS A CONDITION OF PROVIDING LEAVE UNDER THIS ACT.

(5) THE EMPLOYER SHALL MAINTAIN THE CONFIDENTIALITY OF ALL INFORMATION PROVIDED TO THE EMPLOYER UNDER THIS SUBSECTION, EXCEPT TO THE EXTENT THAT DISCLOSURE IS:

(I) REQUESTED OR CONSENTED TO IN WRITING BY THE EMPLOYEE;

OR (II) OTHERWISE REQUIRED BY APPLICABLE FEDERAL OR STATE LAW, IN WHICH CASE THE EMPLOYER SHALL PROVIDE THE EMPLOYEE NOTICE PRIOR TO ANY AUTHORIZED DISCLOSURE.

(D) ADJUDICATION OF CLAIM.-- (1) WITHIN 10 BUSINESS DAYS OF RECEIPT OF A CLAIM AND 20250HB0200PN3076 - 57 - ALL NECESSARY DOCUMENTATION TO SUPPORT THE CLAIM, THE EMPLOYER SHALL DETERMINE WHETHER THE EMPLOYEE HAS MET ALL OF THE ELIGIBILITY REQUIREMENTS UNDER SUBSECTION (A).

(2) IF THE EMPLOYER DETERMINES THAT THE ELIGIBILITY REQUIREMENTS UNDER SUBSECTION (A) HAVE BEEN MET, THE EMPLOYER SHALL APPROVE BENEFITS FOR REQUESTED AMOUNT OF FAMILY AND MEDICAL LEAVE, SUBJECT TO SECTION 304(A).

(E) INTERACTION WITH WORKERS' COMPENSATION ACT AND UNEMPLOYMENT COMPENSATION LAW.--TO BE ELIGIBLE TO FILE A CLAIM AND RECEIVE BENEFITS, AN EMPLOYEE MAY NOT RECEIVE BENEFITS FOR THE SAME DAY UNDER THE WORKERS' COMPENSATION ACT OR THE UNEMPLOYMENT COMPENSATION LAW.

(F) MARRIED OR DOMESTIC PARTNERS EMPLOYED BY SAME EMPLOYER.--INDIVIDUALS WHO ARE LEGALLY MARRIED OR DOMESTIC PARTNERS UNDER THE LAWS OF ANY STATE OR POLITICAL SUBDIVISION AND EMPLOYED BY THE SAME EMPLOYER SHALL BOTH BE ELIGIBLE FOR BENEFITS, EVEN WHEN THE LEAVE RUNS CONCURRENTLY.

SECTION 304.

DURATION OF BENEFITS.

(A) MAXIMUM LEAVE DURATION.-- (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE TOTAL NUMBER OF WEEKS DURING WHICH BENEFITS ARE PAYABLE UNDER SECTION 303(A) IN AN APPLICATION YEAR MAY NOT EXCEED 12 WEEKS REGARDLESS OF THE REASON OR REASONS FOR THE LEAVE.

(2) THE EMPLOYER IS NOT REQUIRED TO, BUT MAY PROVIDE, BENEFITS FOR A PERIOD EXCEEDING 12 WEEKS.

(B) 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 EMPLOYER;

OR 20250HB0200PN3076 - 58 - (2) FROM THE DATE THE LEAVE IS SCHEDULED TO COMMENCE.

(C) PAYMENT OF BENEFITS.--AFTER THE INITIAL PAYMENT OF BENEFITS, SUBSEQUENT PAYMENTS SHALL BE MADE IN ACCORDANCE WITH THE EMPLOYER'S EXISTING PAY SCHEDULE FOR THE DURATION OF THE APPROVED LEAVE.

SECTION 305.

AMOUNT OF BENEFITS.

(A) CALCULATION OF BENEFITS.-- (1) THE BENEFITS PAYABLE TO A COVERED INDIVIDUAL SHALL BE CALCULATED AS FOLLOWS:

(I) 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%;

(II) SUBJECT TO SUBPARAGRAPH (III), 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%;

AND (III) THE EMPLOYER IS NOT REQUIRED TO BUT MAY PROVIDE WEEKLY BENEFITS PAYABLE TO A COVERED INDIVIDUAL FOR MORE THAN THE STATEWIDE AVERAGE WEEKLY WAGE.

(2) THE CALCULATION OF A COVERED INDIVIDUAL'S AVERAGE WEEKLY WAGE IN ACCORDANCE WITH THIS SUBSECTION SHALL BE AS FOLLOWS:

(I) IF AT THE TIME THE LEAVE COMMENCES THE WAGES ARE FIXED BY THE WEEK, THE AMOUNT SO FIXED SHALL BE THE AVERAGE WEEKLY WAGE.

(II) IF AT THE TIME THE LEAVE COMMENCES THE WAGES ARE FIXED BY THE MONTH, THE AVERAGE WEEKLY WAGE SHALL BE THE MONTHLY WAGE SO FIXED MULTIPLIED BY 12 AND DIVIDED BY 52.

20250HB0200PN3076 - 59 - (III) IF AT THE TIME THE LEAVE COMMENCES THE WAGES ARE FIXED BY THE YEAR, THE AVERAGE WEEKLY WAGE SHALL BE THE YEARLY WAGE FIXED DIVIDED BY 52.

(IV) IF AT THE TIME THE LEAVE COMMENCES THE WAGES ARE FIXED BY ANY MANNER NOT PROVIDED IN SUBPARAGRAPH (I), (II) OR (III), THE AVERAGE WEEKLY WAGE SHALL BE CALCULATED BY DIVIDING BY 13 THE TOTAL WAGES EARNED IN THE EMPLOY OF THE EMPLOYER IN EACH OF THE HIGHEST THREE OF THE LAST FOUR CONSECUTIVE PERIODS OF 13 CALENDAR WEEKS IN THE 52 WEEKS IMMEDIATELY PRECEDING THE LEAVE PERIOD AND BY AVERAGING THE TOTAL AMOUNTS EARNED DURING THESE THREE PERIODS.

(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 WEEKS IMMEDIATELY PRECEDING THE LEAVE PERIOD AND BY AVERAGING THE TOTAL AMOUNTS EARNED DURING SUCH PERIODS.

(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.

(VII) EXCEPT AS PROVIDED IN SUBPARAGRAPH (V) OR (VI), IN OCCUPATIONS WHICH ARE EXCLUSIVELY SEASONAL AND THEREFORE CANNOT BE CARRIED THROUGHOUT THE YEAR, THE AVERAGE WEEKLY WAGE SHALL BE TAKEN TO BE ONE-FIFTEENTH OF 20250HB0200PN3076 - 60 - THE TOTAL WAGES WHICH THE EMPLOYEE HAS EARNED FROM ALL OCCUPATIONS DURING THE 12 CALENDAR MONTHS IMMEDIATELY PRECEDING THE LEAVE, UNLESS IT BE SHOWN THAT DURING SUCH YEAR, BY REASON OF EXCEPTIONAL CAUSES, SUCH METHOD OF CALCULATION DOES NOT CLEARLY PROVIDE THE EARNINGS OF THE EMPLOYEE, IN WHICH CASE THE PERIOD FOR CALCULATION SHALL BE EXTENDED SO FAR AS TO GIVE A BASIS FOR THE FAIR ASCERTAINMENT OF AVERAGE WEEKLY EARNINGS.

(VIII) THE TERMS "AVERAGE WEEKLY WAGE" AND "TOTAL WAGES," AS USED IN THIS PARAGRAPH SHALL INCLUDE BOARD AND LODGING RECEIVED FROM THE EMPLOYER AND GRATUITIES REPORTED TO THE UNITED STATES INTERNAL REVENUE SERVICE BY OR FOR THE EMPLOYEE FOR FEDERAL INCOME TAX PURPOSES.

THE TERMS SHALL NOT INCLUDE AMOUNTS DEDUCTED BY THE EMPLOYER UNDER THE CONTRACT OF HIRING FOR LABOR FURNISHED OR PAID FOR BY THE EMPLOYER AND NECESSARY FOR THE PERFORMANCE OF THE CONTRACT BY THE EMPLOYEE, NOR SHALL THE TERMS INCLUDE DEDUCTIONS FROM WAGES DUE TO THE EMPLOYER FOR RENT AND SUPPLIES NECESSARY FOR THE EMPLOYEE'S USE IN THE PERFORMANCE OF THEIR LABOR, NOR SHALL THE TERMS INCLUDE FRINGE BENEFITS, INCLUDING, BUT NOT LIMITED TO, EMPLOYER PAYMENTS FOR OR CONTRIBUTIONS TO A RETIREMENT, PENSION, HEALTH AND WELFARE, LIFE INSURANCE, SOCIAL SECURITY OR ANY OTHER PLAN FOR THE BENEFIT OF THE EMPLOYEE OR THEIR DEPENDENTS.

(IX) THE AMOUNT OF ANY BONUS, INCENTIVE OR VACATION PAYMENT EARNED ON AN ANNUAL BASIS SHALL BE EXCLUDED FROM THE CALCULATIONS UNDER SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI).

THE PAYMENTS, IF ANY, SHALL INSTEAD BE DIVIDED BY 52 AND THE AMOUNT SHALL BE ADDED TO THE 20250HB0200PN3076 - 61 - AVERAGE WEEKLY WAGE OTHERWISE CALCULATED UNDER SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI).

IF THE EMPLOYEE IS WORKING UNDER CONCURRENT CONTRACTS WITH TWO OR MORE EMPLOYERS, THE WAGES FROM ALL EMPLOYERS SHALL BE CONSIDERED AS IF EARNED FROM THE EMPLOYER LIABLE FOR COMPENSATION.

(B) LIMITATION.-- (1) THE APPLICATION OF THE STATEWIDE AVERAGE WEEKLY WAGE ON A CLAIM SHALL BEGIN ON THE DATE THAT A BIRTH OR SERIOUS HEALTH CONDITION ARISES.

(2) IF A CLAIM CARRIES OVER FROM ONE YEAR INTO ANOTHER AND THE STATEWIDE AVERAGE WEEKLY WAGE IS ADJUSTED, THE MOST RECENT STATEWIDE AVERAGE WEEKLY WAGE SHALL BE USED IN ALL FUTURE PAYMENTS.

(C) ADJUSTMENT.--THE DEPARTMENT SHALL ADJUST THE MAXIMUM FAMILY AND MEDICAL LEAVE CAP ESTABLISHED IN SUBSECTION (A) ANNUALLY BASED ON THE STATEWIDE 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.

(D) LIMIT ON TAKING OF BENEFITS AND NONSEQUENTIAL LEAVE.-- UNDER THIS SECTION AND SECTION 306, BENEFITS ARE NOT PAYABLE FOR LESS THAN EIGHT HOURS OF LEAVE TAKEN IN ONE WORK WEEK.

SECTION 306.

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.

20250HB0200PN3076 - 62 - FAMILY AND MEDICAL LEAVE BENEFITS FOR INTERMITTENT OR REDUCED LEAVE SCHEDULES SHALL BE PRORATED.

(B) IMPACT ON DURATION OF LEAVE.--NONSEQUENTIAL LEAVE TAKEN UNDER THIS SECTION MAY 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 307.

EMPLOYMENT PROTECTIONS.

(A) RESTORATION OF EMPLOYMENT POSITION.--A COVERED INDIVIDUAL WHO TAKES LEAVE IN ACCORDANCE WITH 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.-- (1) FOR THE DURATION OF A LEAVE APPROVED UNDER THIS ACT, THE EMPLOYER SHALL MAINTAIN ANY HEALTH CARE BENEFITS THAT THE COVERED INDIVIDUAL HAD PRIOR TO TAKING LEAVE AS IF THE COVERED INDIVIDUAL HAD CONTINUED IN EMPLOYMENT CONTINUOUSLY FROM THE DATE LEAVE COMMENCED UNTIL THE DATE THE LEAVE TERMINATES.

(2) 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, A PROTECTION 20250HB0200PN3076 - 63 - AFFORDED UNDER THIS ACT.

(D) RETALIATION PROHIBITED.--AN EMPLOYER, TEMPORARY HELP COMPANY, EMPLOYMENT AGENCY, EMPLOYEE ORGANIZATION OR OTHER PERSON MAY NOT TAKE RETALIATORY PERSONNEL ACTION OR OTHERWISE DISCRIMINATE AGAINST A PERSON BECAUSE THE PERSON TOOK 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 ANOTHER 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 A PERSON WHO MISTAKENLY BUT IN GOOD FAITH ALLEGES A VIOLATION OF THIS ACT.

SECTION 308.

COORDINATION OF BENEFITS.

(A) LEAVE CONCURRENT WITH FEDERAL LAW.--LEAVE TAKEN UNDER THIS ACT THAT ALSO QUALIFIES AS LEAVE UNDER 29 U.S.C.

CH.

28 (RELATING TO FAMILY AND MEDICAL LEAVE) SHALL RUN CONCURRENTLY WITH LEAVE TAKEN UNDER 29 U.S.C.

CH.

28.

(B) COORDINATION WITH OTHER PAID LEAVE.-- (1) SUBJECT TO PARAGRAPH (3), 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, PROVIDED THAT THE PAID LEAVE DOES NOT CONFLICT WITH FEDERAL LAW.

(2) AN EMPLOYER SHALL PROVIDE ITS EMPLOYEES WITH WRITTEN 20250HB0200PN3076 - 64 - NOTICE OF THE OPPORTUNITY TO MAKE THE ELECTION AND SHALL INFORM EMPLOYEES HOW LEAVE WILL BE COORDINATED ABSENT AN ELECTION.

(3) THE AMOUNT OF PAID LEAVE TAKEN UNDER ANY OTHER FEDERAL OR STATE LAW, COLLECTIVE BARGAINING AGREEMENT OR EMPLOYER POLICY SHALL BE COUNTED AGAINST THE PAID LEAVE BENEFITS UNDER THIS ACT.

(C) EMPLOYER'S OBLIGATION.--THIS ACT DOES NOT DIMINISH AN EMPLOYER'S OBLIGATION TO COMPLY WITH ANY OF THE FOLLOWING THAT PROVIDES 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.-- (1) 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, ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH.

(2) AN AGREEMENT BY AN INDIVIDUAL TO WAIVE THE INDIVIDUAL'S RIGHTS UNDER THIS ACT IS VOID AS AGAINST PUBLIC 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:

(1) THE RIGHTS, REMEDIES AND PROCEDURES AFFORDED TO EMPLOYEES OR LABOR ORGANIZATIONS UNDER FEDERAL OR STATE LAW, 20250HB0200PN3076 - 65 - INCLUDING THE ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE PUBLIC EMPLOYE RELATIONS ACT;

OR (2) ANY PROVISION OF A COLLECTIVE BARGAINING AGREEMENT THAT IS NEGOTIATED BETWEEN AN EMPLOYER AND AN EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES IN ACCORDANCE WITH THE PUBLIC EMPLOYE RELATIONS ACT AND THAT IS ENTERED INTO BEFORE THE EFFECTIVE DATE OF THIS PARAGRAPH.

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 THE USE OF THE BENEFITS.

(2) THE AMOUNT OF BENEFITS.

(3) THE PROCEDURE FOR FILING A BENEFITS CLAIM WITH THE EMPLOYER.

(4) PROVISIONS ON JOB PROTECTION AND BENEFITS CONTINUATION UNDER SECTION 307.

(5) THE PROHIBITION ON EMPLOYER DISCRIMINATION AND RETALIATORY PERSONNEL ACTION AGAINST A PERSON FOR REQUESTING, APPLYING FOR OR USING LEAVE AS PROVIDED IN SECTION 307.

(6) THE EMPLOYEE'S ABILITY TO FILE A COMPLAINT ALLEGING 20250HB0200PN3076 - 66 - A VIOLATION 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.-- (1) WHEN THE NEED FOR LEAVE IS KNOWN TO THE EMPLOYEE AT LEAST 30 DAYS IN ADVANCE, THE EMPLOYEE SHALL PROVIDE WRITTEN OR VERBAL NOTICE TO THE EMPLOYER OF THE NEED AND SCHEDULE FOR TAKING LEAVE AT LEAST 30 DAYS PRIOR TO TAKING LEAVE.

(2) THE EMPLOYEE SHALL MAKE A REASONABLE EFFORT TO SCHEDULE LEAVE IN A MANNER THAT DOES NOT UNDULY DISRUPT THE OPERATIONS OF THE EMPLOYER.

(3) 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 EMPLOYER DETERMINES THAT THE COVERED INDIVIDUAL WILLFULLY MADE A FALSE STATEMENT OR MISREPRESENTATION REGARDING A MATERIAL FACT, OR WILLFULLY FAILED TO REPORT A MATERIAL FACT, TO OBTAIN BENEFITS.

(B) INCORRECT PAYMENT OF BENEFITS.-- 20250HB0200PN3076 - 67 - (1) IF BENEFITS ARE PAID ERRONEOUSLY WITHOUT FAULT OR FOR A CLAIM THAT IS SUBSEQUENTLY REJECTED AFTER BENEFITS ARE PAID, THE EMPLOYER MAY SEEK REPAYMENT THROUGH A REASONABLE REDUCTION IN ANY FUTURE BENEFITS DUE THE RECIPIENT.

(2) IF BENEFITS ARE PAID 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 WILLFUL MISREPRESENTATION AND THE RECIPIENT SHALL BE FURTHER DISQUALIFIED FOR BENEFITS AS SPECIFIED IN SUBSECTION (A).

(C) PROOF OF WAGES.--DURING THE APPEALS PROCESS AS ESTABLISHED UNDER SECTION 302(5), A COVERED EMPLOYEE'S PROOF OF WAGES MAY BE PROVEN:

(1) BY ANY OF THE FOLLOWING:

(I) A CHECK, CHECK STUB OR PAYROLL RECORD.

(II) A TAX RETURN, INCLUDING IRS FORM W-2 AND FORM 1099, OR ANY SUCCESSOR FORM.

(III) UNEMPLOYMENT COMPENSATION RECORDS, INCLUDING FORM UC-2A REGARDING EMPLOYER'S QUARTERLY REPORT OF WAGES PAID TO EACH EMPLOYEE, OR ANY OTHER DOCUMENTATION DEEMED ACCEPTABLE BY THE DEPARTMENT.

(IV) BANK STATEMENTS OR RECORDS SHOWING REGULAR AND RECURRING DEPOSITS.

(V) WRITTEN DOCUMENTATION CREATED CONTEMPORANEOUSLY WITH THE PAYMENT OF WAGES.

(2) BY TESTIMONY OF THE EMPLOYER THAT IS PRESENTED UNDER OATH AT A HEARING UNDER SECTION 504;

OR (3) BY TESTIMONY OF THE COVERED EMPLOYEE, IF FOUND CREDIBLE BY THE JUDGE DURING A HEARING UNDER SECTION 504.

SECTION 503.

VIOLATIONS.

20250HB0200PN3076 - 68 - AN EMPLOYER THAT VIOLATES THE REQUIREMENTS OF SECTIONS 307, 308 OR 501 SHALL BE SUBJECT TO THE PENALTIES AS SPECIFIED IN 29 U.S.C.

§ 2617 (RELATING TO ENFORCEMENT).

SECTION 504.

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 COMMONWEALTH COURT, AS REQUIRED UNDER 42 PA.C.S.

§ 763 (RELATING TO DIRECT APPEALS FROM GOVERNMENT AGENCIES), AFTER A PARTY AGGRIEVED THEREBY HAS EXHAUSTED ALL ADMINISTRATIVE REMEDIES ESTABLISHED BY THE DEPARTMENT.

SECTION 505.

REGULATIONS.

(A) AUTHORIZATION.--THE DEPARTMENT SHALL PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT, ADMINISTER AND ENFORCE THIS ACT.

THE REGULATIONS MUST INCLUDE A SYSTEM TO ADDRESS ADMINISTRATIVE COMPLAINTS, REQUIREMENTS FOR ELIGIBILITY FOR BENEFITS, THE ADJUDICATION OF CLAIMS, THE DENIAL OF BENEFITS, VIOLATIONS OF THIS ACT, APPEALS OF ADVERSE DETERMINATIONS, ENFORCEMENT AND OTHER RELEVANT MATTERS IN ACCORDANCE WITH THIS ACT.

(B) TEMPORARY REGULATIONS.-- (1) TO FACILITATE THE PROMPT IMPLEMENTATION OF THIS ACT AND IN ACCORDANCE WITH THIS ACT, THE DEPARTMENT SHALL, NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, ISSUE TEMPORARY REGULATIONS AS MAY BE NECESSARY AND APPROPRIATE TO IMPLEMENT, ADMINISTER AND ENFORCE THIS ACT.

REGULATIONS ADOPTED AFTER THIS SIX-MONTH PERIOD SHALL BE PROMULGATED AS PROVIDED BY STATUTE.

(2) UPON THE ISSUANCE OF THE TEMPORARY REGULATIONS, THE DEPARTMENT SHALL TRANSMIT NOTICE OF THE ISSUANCE OF THE TEMPORARY REGULATIONS TO THE LEGISLATIVE REFERENCE BUREAU FOR 20250HB0200PN3076 - 69 - PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.

(3) THE DEPARTMENT SHALL POST THE TEMPORARY REGULATIONS ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(4) THE TEMPORARY REGULATIONS SHALL EXPIRE NO LATER THAN TWO YEARS FOLLOWING PUBLICATION OF THE TEMPORARY REGULATIONS IN THE PENNSYLVANIA BULLETIN.

(5) THE TEMPORARY REGULATIONS SHALL BE EXEMPT FROM THE FOLLOWING:

(I) SECTION 612 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.

(II) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW.

(III) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT.

(IV) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT.

(C) PERMANENT REGULATIONS.--PRIOR TO THE EXPIRATION OF THE TEMPORARY REGULATIONS, THE DEPARTMENT SHALL PROPOSE FOR APPROVAL OF PERMANENT REGULATIONS AS PROVIDED BY STATUTE.

SECTION 506.

RIGHT OF ACTION.

(A) CIVIL ACTION BY EMPLOYEE.--AN ACTION TO RECOVER DAMAGES OR OTHER APPROPRIATE CIVIL OR EQUITABLE RELIEF FOR A VIOLATION OF SECTION 307, 308 OR 501 MAY BE MAINTAINED AGAINST AN EMPLOYER IN A COURT OF COMPETENT JURISDICTION IN THE COMMONWEALTH BY ONE OR MORE EMPLOYEES.

(B) FEES AND COSTS.--THE COURT, IN AN ACTION UNDER THIS 20250HB0200PN3076 - 70 - SECTION, SHALL, IN ADDITION TO ANY JUDGMENT AWARDED TO THE PLAINTIFF, ALLOW REASONABLE ATTORNEY FEES AND OTHER COSTS OF THE ACTION TO BE PAID BY THE DEFENDANT.

(C) LIMITATIONS.--AN ACTION BROUGHT BY AN EMPLOYEE UNDER SUBSECTION (A) SHALL TERMINATE ON THE FILING OF A COMPLAINT BY THE SECRETARY IN AN ACTION UNDER SUBSECTION (D).

(D) CIVIL ACTION BY SECRETARY.--THE SECRETARY MAY BRING AN ACTION IN COMMONWEALTH COURT TO RECOVER DAMAGES AND OTHER APPROPRIATE RELIEF.

(E) MONEY RECOVERED BY SECRETARY.--ANY MONEY RECOVERED BY THE SECRETARY UNDER SUBSECTION (D) SHALL BE HELD IN A SPECIAL DEPOSIT ACCOUNT AND SHALL BE PAID DIRECTLY TO EACH EMPLOYEE AFFECTED WITHIN 60 DAYS OF RECEIPT.

CHAPTER 7 ACCOUNT AND PROGRAM SECTION 701.

PAID FAMILY AND MEDICAL LEAVE ACCOUNT.

(A) ESTABLISHMENT.--THE PAID FAMILY AND MEDICAL LEAVE ACCOUNT IS ESTABLISHED AS A RESTRICTED ACCOUNT IN THE GENERAL FUND.

(B) USE OF MONEY.--MONEY IN THE ACCOUNT IS APPROPRIATED TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ON A CONTINUING BASIS TO PROVIDE GRANTS IN ACCORDANCE WITH SECTION 702.

(C) CONTRIBUTIONS.-- (1) THE STATE TREASURER MAY ACCEPT MONEY FOR THE PURPOSES DESCRIBED IN SECTION 702, INCLUDING MONEY APPROPRIATED BY THE GENERAL ASSEMBLY, GIFTS, DONATIONS, LEGACIES OR ANY OTHER REVENUES, INCLUDING ALLOWABLE FEDERAL MONEY, FOR DEPOSIT INTO THE ACCOUNT.

(2) ANY INTEREST THAT ACCRUES IN THE ACCOUNT SHALL 20250HB0200PN3076 - 71 - REMAIN IN THE ACCOUNT.

SECTION 702.

PAID FAMILY AND MEDICAL LEAVE GRANT PROGRAM.

(A) ESTABLISHMENT.--THE PAID FAMILY AND MEDICAL LEAVE GRANT PROGRAM IS ESTABLISHED WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AS A GRANT PROGRAM FOR ELIGIBLE EMPLOYERS TO ASSIST WITH THE COSTS OF PROVIDING PAID FAMILY AND MEDICAL LEAVE TO COVERED EMPLOYEES.

(B) GRANTS.--SUBJECT TO AVAILABLE MONEY, THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SHALL, TO THE EXTENT POSSIBLE, PRIORITIZE GRANTS FOR ELIGIBLE EMPLOYERS WITH THE HIGHEST SHARE OF BENEFITS PAID RELATIVE TO BUSINESS INCOME FOR THE YEAR IN WHICH THE GRANT IS REQUESTED.

(C) APPLICATION.--THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SHALL DEVELOP AN APPLICATION FOR ELIGIBLE EMPLOYERS TO APPLY FOR FUNDING UNDER THIS SECTION.

THE APPLICATION SHALL BE POSTED ON THE PUBLICLY ACCESSIBLE INTERNET WEBSITE OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.

(D) PROGRAM GUIDELINES.-- (1) NO LATER THAN SIX MONTHS AFTER PUBLICATION OF THE NOTICE UNDER SECTION 505(B)(2), THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SHALL ESTABLISH GUIDELINES TO IMPLEMENT AND ADMINISTER THE PROGRAM.

(2) AS PART OF THE GUIDELINES, THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT:

(I) MAY ESTABLISH A BUSINESS INCOME LIMIT CAP FOR ELIGIBLE EMPLOYERS APPLYING FOR GRANTS.

(II) MAY ESTABLISH A PERCENTAGE REIMBURSEMENT LIMIT ON GRANTS RELATIVE TO AN ELIGIBLE EMPLOYER'S TOTAL AMOUNT OF BENEFITS PAID UNDER SECTION 305.

(III) SHALL ESTABLISH WHAT IS REQUIRED TO BECOME AN 20250HB0200PN3076 - 72 - ELIGIBLE EMPLOYER THAT MAY RECEIVE A GRANT UNDER THE PROGRAM, INCLUDING THE REQUIREMENT THAT THE ELIGIBLE EMPLOYER:

(A) IS SELF-EMPLOYED OR EMPLOYS FEWER THAN 50 EMPLOYEES IN THIS COMMONWEALTH FOR EACH WORKING DAY DURING EACH OF 20 OR MORE CALENDAR WORKWEEKS IN THE CURRENT OR PRECEDING CALENDAR YEAR;

AND (B) PAID BENEFITS TO ITSELF OR COVERED EMPLOYEES UNDER SECTION 305.

(3) UPON THE ADOPTION OF THE GUIDELINES UNDER THIS SUBSECTION, THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SHALL:

(I) TRANSMIT NOTICE OF THE ADOPTION TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.

(II) POST THE GUIDELINES ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(E) OPERATIONS.--THE PROCESS FOR SUBMITTING AND REVIEWING AN APPLICATION AND AWARDING A GRANT UNDER THE PROGRAM SHALL TAKE EFFECT UPON THE PUBLICATION OF THE NOTICE UNDER SUBSECTION (D) (3).

(F) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE DEEMED TO CREATE A RIGHT OF AN ELIGIBLE EMPLOYER TO RECEIVE A GRANT UNDER THE PROGRAM.

(G) ADMINISTRATIVE FEE.--THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MAY TAKE A REASONABLE ADMINISTRATIVE FEE, NOT TO EXCEED 5% OF MONEY DEPOSITED INTO THE ACCOUNT, FOR DIRECT COSTS ASSOCIATED WITH THE IMPLEMENTATION, ADMINISTRATION AND SERVICING OF THE PROGRAM.

SECTION 703.

REPORTING.

20250HB0200PN3076 - 73 - NO LATER THAN 180 DAYS AFTER THE CONCLUSION OF EACH FISCAL YEAR IN WHICH GRANTS UNDER THE PROGRAM ARE AWARDED, THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SHALL POST THE FOLLOWING INFORMATION ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE:

(1) THE TOTAL AMOUNT OF GRANTS MADE IN THAT FISCAL YEAR.

(2) FOR EACH ELIGIBLE EMPLOYER THAT RECEIVED A GRANT UNDER THE PROGRAM IN THAT FISCAL YEAR:

(I) THE NAME OF THE ELIGIBLE EMPLOYER.

(II) THE COUNTY IN WHICH THE ELIGIBLE EMPLOYER IS LOCATED.

(III) THE AMOUNT OF THE GRANT RECEIVED BY THE ELIGIBLE EMPLOYER.

CHAPTER 21 MISCELLANEOUS PROVISIONS SECTION 2101.

EFFECTIVE DATE.

THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:

SECTION 505.

CHAPTER 7.

THIS SECTION.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT SIX MONTHS AFTER THE PUBLICATION OF THE NOTICE UNDER SECTION 505(B)(2).

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