PRINTER'S NO. 3469
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2477
Session of
2024
INTRODUCED BY O'MARA, PROBST, HILL-EVANS, DONAHUE, KHAN,
SCHLOSSBERG, SANCHEZ, MAYES, CIRESI, DELLOSO, D. WILLIAMS,
FLEMING, CURRY AND CERRATO, JULY 2, 2024
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JULY 2, 2024
AN ACT
1 Providing for employment leave for victims and victims' families
2 because of violence; prohibiting certain acts by employers;
3 prescribing penalties; and providing for a cause of action.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Victims of
8 Violence Safe Employment Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Abuse of a vulnerable adult." The term includes:
14 (1) Force or threat of force of inappropriate use of
15 medications or physical or chemical restraints.
16 (2) Misuse of power or authority granted to a person
17 through a power of attorney or by a court in a guardianship
18 or conservatorship proceeding that results in unreasonable
 1 confinement or restriction of liberty.
2 (3) An act of violence against, or the taking,
3 transferring, concealing, harming or disposing of, an
4 emotional support or service animal owned, possessed or held
5 by a vulnerable adult.
6 (4) The failure of a caregiver to provide goods, care or
7 services essential to avoid a clear and serious threat to the
8 physical or mental health of a vulnerable adult.
9 (5) An act or course of conduct by a caregiver against a
10 vulnerable adult or a vulnerable adult's resources, without
11 the informed consent of the vulnerable adult or with consent
12 obtained through misrepresentation, coercion or threats of
13 force, that results in monetary, personal or other benefit,
14 gain or profit for the perpetrator or monetary or personal
15 loss to the vulnerable adult.
16 (6) The desertion of a vulnerable adult by a caregiver.
17 (7) Knowingly restricting the movement or independence
18 of a vulnerable adult without the vulnerable adult's consent
19 by removing means of transportation, communication or access
20 to other activities of daily living, including removing
21 access to assistive technology, communication devices or
22 mobility aids.
23 "Attesting third party." A disability service organization
24 manager or coordinator, caregiver agency coordinator or manager,
25 a law enforcement official, licensed health care professional,
26 licensed social worker, victim advocate or victim service
27 provider.
28 "Department." The Department of Labor and Industry of the
29 Commonwealth.
30 "Domestic violence." The occurrence of any of the following
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 1 acts between family or household members as defined under 23
2 Pa.C.S. § 6102(a) (relating to definitions):
3 (1) Intentionally, knowingly or recklessly causing, or
4 attempting to cause, bodily injury, serious bodily injury or
5 sexual violence.
6 (2) Placing another individual in reasonable fear of
7 imminent serious bodily harm.
8 (3) An act of domestic and other violence as defined
9 under 55 Pa. Code § 3042.3 (relating to definitions).
10 (4) The infliction of false imprisonment under 18
11 Pa.C.S. § 2903 (relating to false imprisonment).
12 "Employee." An individual who is employed by an employer in
13 this Commonwealth.
14 "Employer." As defined in section 103 of the Workers'
15 Compensation Act.
16 "Family member." Includes any of the following:
17 (1) A biological child, adopted or foster child,
18 stepchild or legal ward, a child of a domestic partner or a
19 child to whom an employee stands in loco parentis, regardless
20 of age.
21 (2) A biological parent, foster parent, stepparent or
22 adoptive parent or legal guardian of an employee or an
23 employee's spouse or domestic partner or an individual who
24 stood in loco parentis when the employee or the employee's
25 spouse or domestic partner was a minor child.
26 (3) An individual to whom the employee is legally
27 married under the laws of any state or a domestic partner of
28 an employee as registered under the laws of any state or
29 political subdivision.
30 (4) A grandparent, grandchild or sibling, whether of a
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 1 biological, foster, adoptive or step relationship, of the
2 employee or the employee's spouse or domestic partner.
3 (5) An individual who has an intimate or romantic
4 relationship with an employee.
5 (6) An individual who habitually resides in a dwelling
6 unit with an employee or has previously habitually resided in
7 a dwelling unit with an employee for a period of not less
8 than two years.
9 (7) An individual who has established an emotionally
10 significant relationship with an employee, and for whom the
11 employee is responsible for providing or arranging health or
12 safety-related care, including helping the person obtain
13 diagnostic, preventive, routine or therapeutic health
14 treatment or ensuring the individual is safe after becoming a
15 victim of a qualifying act.
16 (8) An individual whose close association with an
17 employee is the equivalent of a family relationship.
18 "Nontraditional medicine." The term includes massage
19 therapy, acupuncture or cultural or traditional-based healing.
20 "Qualifying act." An act, conduct or pattern of conduct that
21 could constitute any of the following, regardless of whether
22 anyone is arrested or charged with committing a crime:
23 (1) Domestic violence.
24 (2) Sexual violence.
25 (3) Stalking.
26 (4) Abuse of a vulnerable adult.
27 (5) An act or conduct in which a person uses force to
28 cause or attempt to cause physical or mental injury to
29 another. This does not include conduct arising out of the
30 ownership, maintenance or use of a motor vehicle, except when
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 1 the person engaging in the conduct intended to cause or
2 intended to threaten to cause physical or mental injury or
3 when the person engaging in the conduct was under the
4 influence of alcohol or a controlled substance.
5 (6) An act or conduct in which a person makes a
6 reasonably perceived or actual threat of physical or mental
7 injury or death to another. This does not include conduct
8 arising out of the ownership, maintenance or use of a motor
9 vehicle, except when the person engaging in the conduct
10 intended to cause or intended to threaten to cause physical
11 or mental injury or when the person engaging in the conduct
12 was under the influence of alcohol or a controlled substance.
13 "Retaliatory personnel action." One of the following:
14 (1) Any threat, discipline, discharge, suspension,
15 demotion, reduction of hours or any other adverse action
16 taken against an employee for exercising the rights and
17 protections afforded by this act.
18 (2) Interference with or punishment for participating in
19 or acting on a complaint or appeal under this act.
20 "Secretary." The Secretary of Labor and Industry of the
21 Commonwealth.
22 "Sexual violence." As defined in 42 Pa.C.S. § 62A03
23 (relating to definitions).
24 "Stalking." Conduct in which an individual either:
25 (1) engages in a course of conduct or repeatedly commits
26 acts toward another individual, including following the other
27 individual without proper authority:
28 (i) under circumstances which demonstrate either an
29 intent to place the other individual in reasonable fear
30 of bodily injury or to cause substantial emotional
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 1 distress to the other individual; or
2 (ii) which as a result intentionally, knowingly or
3 recklessly places the other individual in reasonable fear
4 of bodily injury or causes substantial emotional distress
5 to the other individual; or
6 (2) engages in a course of conduct or repeatedly
7 communicates to another individual:
8 (i) under circumstances which demonstrate or
9 communicate either an intent to place the other
10 individual in reasonable fear of bodily injury or to
11 cause substantial emotional distress to the other
12 individual; or
13 (ii) which as a result intentionally, knowingly or
14 recklessly places the other individual in reasonable fear
15 of bodily injury or causes substantial emotional distress
16 to the other individual.
17 "Treatment." Includes:
18 (1) Medical, dental, psychological, mental health,
19 chiropractic or physical rehabilitation services.
20 (2) Remedial treatment or care.
21 (3) Nontraditional medicine.
22 (4) Other services rendered in accordance with a
23 religious or culturally-specific method of healing.
24 "Victim." Any of the following:
25 (1) An individual against whom a qualifying act was
26 committed.
27 (2) An individual who was physically present at the
28 scene of a qualifying act and witnessed the qualifying act,
29 but who did not commit the qualifying act, and who as a
30 direct result:
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 1 (i) suffers physical or mental injury; or
2 (ii) reasonably believes that the individual is
3 under the threat of physical harm.
4 (3) An individual who died by suicide.
5 "Victim advocate." An individual, whether paid or serving as
6 a volunteer, who provides services to victims or the victims'
7 family members under the auspices or supervision of a victim
8 service provider or a court or a law enforcement or prosecution
9 agency.
10 "Victim service provider." An agency or organization that
11 provides services to victims or victims' family members. The
12 term includes a rape crisis center as defined under 42 Pa.C.S. §
13 5945.1(a) (relating to confidential communications with sexual
14 assault counselors), domestic violence program as defined under
15 23 Pa.C.S. § 6102(a) (relating to definitions) or an agency or
16 organization with a documented history of providing services to
17 victims.
18 "Workers' Compensation Act." The act of June 2, 1915
19 (P.L.736, No.338), known as the Workers' Compensation Act.
20 Section 3. Employment leave for victims and family members of
21 victims.
22 (a) Leave requirement.--
23 (1) An employee who is a victim of a qualifying act or
24 has a family member who is a victim of a qualifying act may
25 request and an employer shall permit the employee to take
26 leave from work if the employee needs, or needs to assist a
27 family member, to do any of the following:
28 (i) Seek or obtain medical attention, rehabilitative
29 services, accessibility equipment or other treatment
30 related to a physical or mental injury or disability
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 1 caused or aggravated by the qualifying act.
2 (ii) Recover from a physical or mental injury or
3 disability caused or aggravated by the qualifying act.
4 (iii) Seek or obtain services from a victim service
5 provider in relation to the qualifying act.
6 (iv) Seek or obtain mental health treatment or other
7 counseling in relation to the qualifying act.
8 (v) Relocate or engage in the process of securing a
9 new residence due to the qualifying act, including
10 securing temporary or permanent housing or enrolling
11 children in a new school.
12 (vi) Seek or obtain financial services or meet with
13 a financial professional to address financial issues
14 resulting from the qualifying act.
15 (vii) Seek, obtain or provide child care or care to
16 a care-dependent adult necessary as a result of the
17 qualifying act.
18 (viii) Seek or obtain legal services related to or
19 resulting from the qualifying act.
20 (ix) Prepare for, participate in or attend any
21 civil, administrative or criminal legal proceeding
22 relating to or resulting from the qualifying act.
23 (x) Make modifications to a home or vehicle
24 necessary to create usability of and accessibility to the
25 home or vehicle due to an injury sustained in a
26 qualifying act.
27 (xi) Seek or obtain new caregiver services.
28 (xii) Take any other actions necessary to protect or
29 restore the physical, mental, emotional or economic well-
30 being as a result of the qualifying act.
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 1 (xiii) Attend or make arrangements for the memorial
2 service, funeral or alternative to a funeral of a victim
3 who died as a result of a qualifying act, or grieve the
4 death of a victim who died as a result of a qualifying
5 act.
6 (2) An employee shall be entitled to use 20 workweeks of
7 leave in aggregate during any 12-month period for any purpose
8 listed under paragraph (1)(i) or (ii). An employee shall be
9 entitled to use 12 workweeks of leave combined during any 12-
10 month period for other purposes listed under paragraph (1).
11 This act may not create a right for an employee to take leave
12 under this act that exceeds a combined total of 20 weeks in
13 any 12-month period regardless of reason.
14 (3) Notwithstanding paragraph (2), an employee shall be
15 entitled to use 2 workweeks or 10 work days of leave for the
16 purposes listed under paragraph (1)(xiii) for each death of a
17 family member from a qualifying act in any 12-month period.
18 Leave taken for the purposes described in paragraph (1)(xiii)
19 shall be deducted from, and is not in addition to, the total
20 leave time an employee shall be entitled to under this
21 section, and shall not otherwise limit or diminish the total
22 leave time an employee is entitled to under this section.
23 (4) An employee shall be entitled to utilize the leave
24 authorized under this section, at the option of the employee,
25 on a consecutive, intermittent or reduced leave schedule in
26 which all of the leave authorized under this section is not
27 taken consecutively.
28 (5) An employee taking leave for a purpose listed under
29 paragraph (1) shall make a reasonable effort to schedule
30 matters so as not to unduly disrupt the operations of the
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 1 employer.
2 (b) Notice.--
3 (1) An employee shall provide the employer with
4 reasonable advance notice of the employee's intention to take
5 leave under subsection (a). When an unscheduled absence
6 occurs, the employer may not take any action against the
7 employee if the employee, upon request of the employer and
8 within a reasonable period after the absence, informs the
9 employer that the employee's leave was for a purpose
10 described by subsection (a)(1), or if the absence was for a
11 period of more than three days, provides the employer with a
12 form of documentation described by subsection (c).
13 (2) For an absence of more than three days, the employer
14 may require that the employee, within a reasonable period
15 after the absence, provide certification under subsection
16 (c). If an employer requires certification under subsection
17 (c), the employer shall submit the request for certification
18 to the employee in writing and give the employee a reasonable
19 amount of time to provide the certification.
20 (3) Nothing in this act shall be construed to require an
21 employee to take leave under this section, if the employee
22 has not requested leave as a result of a qualifying act. An
23 employer may not require an employee who has not requested
24 leave under this section to take leave under this section.
25 (c) Certification.--
26 (1) An employer may require an employee to provide
27 certification to the employer that the employee or the
28 employee's family member is a victim, if the employee is
29 absent for more than three days for a purpose described under
30 subsection (a)(1).
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 1 (2) If the employer requests in writing that the
2 employee provide certification, the employee shall provide
3 t