PRIOR PRINTER'S NO. 1469 PRINTER'S NO. 1721
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 580
Session of
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
1 Establishing the Pennsylvania Family and Medical Leave Program
2 and the Family and Medical Leave Fund; conferring powers and
3 imposing duties on the Department of Labor and Industry;
4 creating a right of action; and imposing penalties.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Legislative intent.
9 Section 103. Definitions.
10 Chapter 3. Family and Medical Leave Program
11 Section 301. Family and Medical Leave Program.
12 Section 302. Powers and duties of department.
13 Section 303. Eligibility for family and medical leave benefits.
14 Section 304. Duration of benefits.
15 Section 305. Amount of benefits.
16 Section 306. Contributions.
17 Section 307. Reduced leave schedule.
18 Section 308. Employment protections.
 1 Section 309. Coordination of benefits.
2 Section 310. Employer waiver to use private plan.
3 Chapter 5. Administration and Procedures
4 Section 501. Notice.
5 Section 502. Erroneous payments and disqualification for
6 benefits.
7 Section 503. Elective coverage.
8 Section 504. Violations.
9 Section 505. Judicial review.
10 Section 506. Family and Medical Leave Fund.
11 Section 507. Annual report.
12 Section 508. Public education.
13 Section 509. Advisory Board.
14 Section 510. Regulations.
15 Section 511. Right of action.
16 Chapter 21. Miscellaneous Provisions
17 Section 2101. Effective date.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 CHAPTER 1
21 PRELIMINARY PROVISIONS
22 Section 101. Short title.
23 This act shall be known and may be cited as the Pennsylvania
24 Family and Medical Leave Act.
25 Section 102. Legislative intent.
26 The General Assembly finds and declares as follows:
27 (1) Paid family and medical leave promotes the physical
28 and emotional health of children and their families.
29 (2) Paid family and medical leave has a positive impact
30 on economic stability and ensures competitive viability for
20240SB0580PN1721 - 2 -
 1 all businesses, but particularly smaller businesses.
2 (3) The establishment of a paid family and medical leave
3 program is essential to public health, safety and welfare.
4 Section 103. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Abuse of a vulnerable adult." The term includes:
9 (1) Force or threat of force of inappropriate use of
10 medications or physical or chemical restraints.
11 (2) Misuse of power or authority granted to a person
12 through a power of attorney or by a court in a guardianship
13 or conservatorship proceeding that results in unreasonable
14 confinement or restriction of liberty.
15 (3) An act of violence against, or the taking,
16 transferring, concealing, harming or disposing of, an
17 emotional support or service animal owned, possessed or held
18 by a vulnerable adult.
19 (4) The failure of a caregiver to provide goods, care or
20 services essential to avoid a clear and serious threat to the
21 physical or mental health of a vulnerable adult.
22 (5) An act or course of conduct by a caregiver against a
23 vulnerable adult or a vulnerable adult's resources, without
24 the informed consent of the vulnerable adult or with consent
25 obtained through misrepresentation, coercion or threats of
26 force, that results in monetary, personal or other benefit,
27 gain or profit for the perpetrator or monetary or personal
28 loss to the vulnerable adult.
29 (6) The desertion of a vulnerable adult by a caregiver.
30 (7) Knowingly restricting the movement or independence
20240SB0580PN1721 - 3 -
 1 of a vulnerable adult without the vulnerable adult's consent
2 by removing means of transportation, communication or access
3 to other activities of daily living, including removing
4 access to assistive technology, communication devices or
5 mobility aids.
6 "Application year." The 12-month period beginning on the
7 first day of the calendar week in which an individual files a
8 claim for family and medical leave benefits.
9 "Attesting third party." A disability service organization
10 manager or coordinator, caregiver agency coordinator or manager,
11 law enforcement official, licensed health care professional,
12 licensed social worker, victim advocate or victim service
13 provider.
14 "Authorized reason for leave for a qualifying act of
15 violence." Leave for a covered individual or to assist a family
16 member whom the covered individual is caring for, to:
17 (1) Seek or obtain medical attention, rehabilitative
18 services, accessibility equipment or other treatment related
19 to a physical or mental injury or disability caused or
20 aggravated by the applicable qualifying act.
21 (2) Recover from a physical or mental injury or
22 disability caused or aggravated by the applicable qualifying
23 act.
24 (3) Seek or obtain services from a victim service
25 provider in relation to the applicable qualifying act.
26 (4) Seek or obtain mental health treatment or other
27 counseling in relation to the applicable qualifying act.
28 (5) Relocate or engage in the process of securing a new
29 residence due to the applicable qualifying act, including,
30 but not limited to, securing temporary or permanent housing
20240SB0580PN1721 - 4 -
 1 or enrolling children in a new school.
2 (6) Seek or obtain financial services or meet with a
3 financial professional to address financial issues resulting
4 from the applicable qualifying act.
5 (7) Seek, obtain or provide child care or care to a
6 care-dependent adult necessary as a result of the applicable
7 qualifying act.
8 (8) Seek or obtain legal services related to or
9 resulting from the applicable qualifying act.
10 (9) Prepare for, participate in or attend any civil,
11 administrative or criminal legal proceeding relating to or
12 resulting from the applicable qualifying act.
13 (10) Make modifications to a home or vehicle necessary
14 to create usability of and accessibility to the home or
15 vehicle due to an injury sustained in a qualifying act.
16 (11) Seek or obtain new caregiver services.
17 (12) Take any other actions necessary to protect or
18 restore physical, mental, emotional or economic well-being as
19 a result of the applicable qualifying act.
20 "Benefits." The monetary allowances payable to a covered
21 individual as family and medical leave during an approved family
22 and medical leave under the program in accordance with this act.
23 "Board." The Pennsylvania Family and Medical Leave Act
24 Advisory Board established under section 509.
25 "Claim." The filing of a written application with the
26 department for the receipt of benefits.
27 "Covered individual." An employee, or a self-employed person
28 who elects coverage pursuant to section 503, who meets the
29 following requirements, as applicable:
30 (1) Is currently employed in this Commonwealth or was
20240SB0580PN1721 - 5 -
 1 previously employed in this Commonwealth within 120 days of
2 separation from employment.
3 (2) Meets the employment and income eligibility
4 requirements under section 303.
5 (3) Meets the requirements of this act as to the receipt
6 of benefits.
7 (4) Submits a claim that is approved by the department.
8 "Covered service member." A current or former member of the <--
9 armed forces of the United States, including a current or former
10 member of a reserve component of the armed forces of the United
11 States or the Pennsylvania National Guard, who meets any of the
12 following requirements:
13 (1) Is undergoing medical treatment, recuperation or
14 therapy.
15 (2) Is otherwise in outpatient status.
16 (3) Is on the temporary disability retired list for a
17 serious injury or illness incurred in the line of duty on
18 active duty in the armed forces of the United States or a
19 serious injury or illness that existed before the beginning
20 of the member's active duty that was aggravated by service in
21 the line of duty on active duty in the armed forces of the
22 United States, a reserve component of the armed forces of the
23 United States or the Pennsylvania National Guard.
24 "Department." The Department of Labor and Industry of the
25 Commonwealth.
26 "Domestic violence." The occurrence of any of the following
27 acts between family or household members as defined in 23
28 Pa.C.S. § 6102(a) (relating to definitions):
29 (1) Intentionally, knowingly or recklessly causing, or
30 attempting to cause, bodily injury, serious bodily injury or
20240SB0580PN1721 - 6 -
 1 sexual violence.
2 (2) Placing another individual in reasonable fear of
3 imminent serious bodily harm.
4 (3) An act of domestic and other violence as defined in
5 55 Pa. Code § 3041.3 § 3042.3 (relating to definitions). <--
6 (4) The infliction of false imprisonment under 18
7 Pa.C.S. § 2903 (relating to false imprisonment).
8 "Employee." An individual who is employed by an employer
9 doing business in this Commonwealth. The term includes a self-
10 employed individual.
11 "Employer." An employer as defined in section 103 of the
12 Workers' Compensation Act.
13 "Family." Includes any of the following:
14 (1) A biological child, adopted or foster child,
15 stepchild or legal ward, a child of a domestic partner or a
16 child to whom an employee stands in loco parentis, regardless
17 of age.
18 (2) A biological parent, foster parent, stepparent or
19 adoptive parent or legal guardian of an employee or an
20 employee's spouse or domestic partner or an individual who
21 stood in loco parentis when the employee or the employee's
22 spouse or domestic partner was a minor child.
23 (3) An individual to whom the employee is legally
24 married under the laws of any state or a domestic partner of
25 an employee as registered under the laws of any state or
26 political subdivision.
27 (4) A grandparent, grandchild or sibling, whether of a
28 biological, foster, adoptive or step relationship, of the
29 employee or the employee's spouse or domestic partner.
30 (5) An individual who regularly resides in the
20240SB0580PN1721 - 7 -
 1 employee's home or where the relationship creates an
2 expectation that the employee cares for the individual and
3 that the individual depends on the employee for care. The
4 term does not include an individual who simply resides in the
5 same home with no expectation that the employee care for the
6 individual.
7 "Family and medical leave." Benefits approved and payable to
8 covered individuals under the program.
9 "Fund." The Family and Medical Leave Fund established under
10 section 506.
11 "Health care provider." A health care center or a person,
12 including a corporation, university or other educational
13 institution licensed or approved by the Commonwealth to provide
14 health care or professional medical services, including a
15 physician, certified nurse midwife, mental health care provider,
16 hospital, nursing home, birth center or any other person
17 determined by the department to be providing health care
18 services.
19 "Leave." The allotted amount of time approved by the
20 department for the receipt of benefits under this act.
21 "Medical certification." Written certification from a health
22 care provider on a form prepared by the department that verifies
23 the serious health condition prompting the filing of a claim and
24 receipt of benefits by a covered individual pursuant to this
25 act.
26 "Program." The Pennsylvania Family and Medical Leave Program
27 established under section 301.
28 "Qualifying act of violence." An act, conduct or pattern of
29 conduct that could constitute any of the following, regardless
30 of whether anyone is arrested or charged with committing a
20240SB0580PN1721 - 8 -
 1 crime:
2 (1) Domestic violence.
3 (2) Sexual violence.
4 (3) Stalking.
5 (4) Abuse of a vulnerable adult.
6 (5) An act or conduct in which a person uses force to
7 cause or attempt to cause physical or mental injury to
8 another. This does not include conduct arising out of the
9 ownership, maintenance or use of a motor vehicle, except when
10 the person engaging in the conduct intended to cause or
11 intended to threaten to cause physical or mental injury or
12 when the person engaging in the conduct was under the
13 influence of alcohol or a controlled substance.
14 (6) An act or conduct in which a person makes a
15 reasonably perceived or actual threat of physical or mental
16 injury to another. This does not include conduct arising out
17 of the ownership, maintenance or use of a motor vehicle,
18 except when the person engaging in the conduct intended to
19 cause or intended to threaten to cause physical or mental
20 injury or when the person engaging in the conduct was under
21 the influence of alcohol or a controlled substance.
22 "Qualifying exigency leave." Leave for the family member of
23 a military member deployed at home or abroad, OR WHO HAS BEEN <--
24 NOTIFIED OF AN IMPENDING DEPLOYMENT AT HOME OR ABROAD, for the
25 purposes specified in 29 CFR 825.126 (relating to leave because
26 of a qualifying exigency).
27 "Retaliatory personnel action." One of the following:
28 (1) Any threat, discipline, discharge, suspension,
29 demotion, reduction of hours or any other adverse action
30 taken against an employee for exercising the rights and
20240SB0580PN1721 - 9 -
 1 protections afforded by this act.
2 (2) Interference with or punishment for participating in
3 or acting on a complaint or appeal under this act.
4 "Secretary." The Secretary of Labor and Industry of the
5 Commonwealth.
6 "Serious health condition." An illness, injury, impairment,
7 pregnancy, recovery from childbirth or physical or mental
8 condition as defined in 29 U.S.C. § 2611(11) (relating to
9 definitions).
10 "Sexual violence." As defined under 42 Pa.C.S. § 62A03
11 (relating to definitions).
12 "Stalking." Conduct in which an individual either:
13 (1) engages in a course of conduct or repeatedly commits
14 acts toward another individual, including following the other
15 individual without proper authority:
16 (i) under circumstances which demonstrate either an
17 intent to place the other individual in reasonable fear
18 of bodily injury or to cause substantial emotional
19 distress to the other individual; or
20 (ii) which as a result intentionally, knowingly or
21 recklessly places the other individual in reasonable fear
22 of bodily injury or causes substantial emotional distress
23 to the other individual; or
24 (2) engages in a course of conduct or repeatedly
25 communicates to another individual:
26 (i) under circumstances which demonstrate or
27 communicate either an intent to place the other
28 individual in reasonable fear of bodily injury or to
29 cause substantial emotional distress to the other
30 individual; or
20240SB0580PN1721 - 10 -
 1 (ii) which as a result intentionally, knowingly or
2 recklessly places the other individual in reasonable fear
3 of bodily injury or causes substantial emotional distress
4 to the other individual.
5 "Statewide average weekly wage." The average amount of
6 weekly wages as determined by the department on an annual basis
7 for each calendar year pursuant to the Wor