PRIOR PRINTER'S NO. 3586 PRINTER'S NO. 3675
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2548
Session of
2024
INTRODUCED BY O'MARA, HANBIDGE, MADDEN, DELLOSO, GUENST, MERSKI,
SANCHEZ, HOHENSTEIN, RABB, ISAACSON, SCHLOSSBERG, HILL-EVANS,
KRAJEWSKI, FIEDLER, HOWARD, HARKINS, FLEMING, CIRESI, DEASY,
STURLA, KINKEAD, FREEMAN, KHAN, D. WILLIAMS, SHUSTERMAN,
DALEY AND GREEN, SEPTEMBER 6, 2024
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2024
AN ACT
1 Providing for the right for employees to paid sick leave from <--
2 employers and for civil penalties and remedies.
3 TABLE OF CONTENTS
4 Section 1. Short title.
5 Section 2. Scope of act.
6 Section 3. Definitions.
7 Section 4. Accrual of earned paid sick time.
8 Section 5. Use of earned paid sick time.
9 Section 6. Payment of earned sick time.
10 Section 7. Notice and posting.
11 Section 8. Employer records.
12 Section 9. Regulations.
13 Section 10. Confidentiality and nondisclosure.
14 Section 11. Other legal requirements.
15 Section 12. Exercise of rights protected and retaliation
16 prohibited.
 1 Section 13. Complaint procedure.
2 Section 14. Enforcement.
3 Section 15. Construction.
4 Section 16. Public education and outreach.
5 Section 17. Effective date.
6 PROVIDING FOR THE ACCRUAL AND USE OF EARNED PAID LEAVE; <--
7 ESTABLISHING THE SMALL BUSINESS GRANT PROGRAM; IMPOSING
8 DUTIES ON THE DEPARTMENT OF LABOR AND INDUSTRY; AND IMPOSING
9 A PENALTY.
10 TABLE OF CONTENTS
11 CHAPTER 1. PRELIMINARY PROVISIONS
12 SECTION 101. SHORT TITLE.
13 SECTION 102. DEFINITIONS.
14 CHAPTER 3. EARNED PAID LEAVE
15 SECTION 301. EARNED PAID LEAVE GENERALLY.
16 SECTION 302. ACCRUAL OF EARNED PAID LEAVE.
17 SECTION 303. REGULAR RATE OF PAY AND BENEFITS WHILE USING
18 EARNED PAID LEAVE.
19 SECTION 304. NOTICE.
20 SECTION 305. UNDUE HARDSHIP.
21 SECTION 306. INABILITY TO PERFORM DUTIES CAUSED BY EMPLOYER.
22 SECTION 307. BENEFITS.
23 SECTION 308. ADMINISTRATION AND ENFORCEMENT.
24 SECTION 309. COMPLAINTS.
25 SECTION 310. ADMINISTRATIVE PENALTY.
26 SECTION 311. PRIVATE CAUSE OF ACTION.
27 SECTION 312. CONSTRUCTION.
28 SECTION 313. RULES AND REGULATIONS.
29 SECTION 314. APPLICABILITY.
30 CHAPTER 5. SMALL BUSINESS GRANT PROGRAM
31 SECTION 501. GRANT PROGRAM.
32 CHAPTER 7. MISCELLANEOUS PROVISIONS
20240HB2548PN3675 - 2 -
 1 SECTION 701. EFFECTIVE DATE.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title. <--
5 This act shall be known and may be cited as the Healthy
6 Families and Workplaces Act.
7 Section 2. Scope of act.
8 This act relates to promoting healthy families and workplaces
9 by establishing an earned paid sick time policy in this
10 Commonwealth in order to:
11 (1) Ensure that all workers in this Commonwealth can
12 address their own health and safety needs and the health and
13 safety needs of their families by requiring employers to
14 provide a minimum level of earned paid sick time, including
15 time to care for their family members.
16 (2) Diminish public and private health care costs and
17 promote preventive health services in this Commonwealth by
18 enabling workers to seek early and routine medical care for
19 themselves and their family members.
20 (3) Protect the public's health in this Commonwealth by
21 reducing the risk of contagion.
22 (4) Promote the economic security and stability of
23 workers and their families.
24 (5) Protect employees in this Commonwealth from losing
25 their jobs or facing workplace discipline when they use the
26 paid sick time they earn to care for themselves or their
27 families.
28 (6) Assist victims of domestic violence and their family
29 members by providing them job-protected time away from work
30 to receive treatment and take the necessary steps to ensure
20240HB2548PN3675 - 3 -
 1 their safety.
2 (7) Safeguard the public welfare, health, safety and
3 prosperity of the people of this Commonwealth.
4 (8) Accomplish the purposes described in this section in
5 a manner that is feasible for employers.
6 Section 3. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Department." The Department of Labor and Industry of the
11 Commonwealth.
12 "Earned paid sick time." Time that an employee is
13 compensated for at the same hourly rate and with the same
14 benefits, including health care benefits, as the employee
15 normally earns during hours worked and is provided by the
16 employer to the employee for the purposes described in section
17 5.
18 "Employee." An individual who works part time or full time
19 for an employer or who is under the direction of an employer or
20 a subcontractor of an employer for wages, salary or remuneration
21 of any type under contract or subcontract of employment. The
22 term does not include an individual who is subject to the
23 provisions of the Railroad Unemployment Insurance Act of 1938
24 (45 U.S.C. § 351 et seq.).
25 "Employer." A person, including an agent of a person, that
26 engages the services of an employee for wages, salary or
27 remuneration of any type under contract or subcontract of
28 employment. The term does not include the Federal Government.
29 "Family member." Any of the following with respect to an
30 employee:
20240HB2548PN3675 - 4 -
 1 (1) Regardless of age, a biological, adopted or foster
2 child, stepchild or legal ward, a child of a domestic
3 partner, a child to whom the employee stands in loco parentis
4 or an individual to whom the employee stood in loco parentis
5 when the individual was a minor.
6 (2) A biological, foster, stepparent or adoptive parent
7 or legal guardian of the employee or the employee's spouse or
8 domestic partner or an individual who stood in loco parentis
9 when the employee or employee's spouse or domestic partner
10 was a minor child.
11 (3) An individual to whom the employee is legally
12 married under the laws of a state or a domestic partner of an
13 employee as registered under the laws of a state or political
14 subdivision.
15 (4) A grandparent, grandchild or sibling, whether of a
16 biological, foster, adoptive or step relationship, of the
17 employee or the employee's spouse or domestic partner.
18 (5) Any other individual related by blood.
19 (6) Any other individual whose close association with
20 the employee is the equivalent of a family relationship.
21 "Health care provider." An individual licensed under Federal
22 or State law to provide medical or emergency services, including
23 a doctor, nurse, certified nurse midwife and emergency room
24 personnel.
25 "Minimum Wage Act." The act of January 17, 1968 (P.L.11,
26 No.5), known as The Minimum Wage Act of 1968.
27 "Municipality." A city, borough, incorporated town or
28 township. The term includes a municipality operating under 53
29 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional
30 plan government).
20240HB2548PN3675 - 5 -
 1 "Retaliatory personnel action." Any of the following:
2 (1) A denial of a right guaranteed under this act.
3 (2) A threat, discharge, suspension, demotion, reduction
4 of hours, reporting or threatening to report an employee's
5 suspected citizenship or immigration status or the suspected
6 citizenship or immigration status of a family member of the
7 employee to a Federal, State or local agency.
8 (3) Any other adverse action against an employee for the
9 exercise of a right guaranteed under this act, including a
10 sanction against an employee who is the recipient of public
11 benefits for rights guaranteed under this act.
12 (4) Interference with or punishment for in any manner
13 participating in or assisting an investigation, proceeding or
14 hearing under this act.
15 "Secretary." The Secretary of Labor and Industry of the
16 Commonwealth.
17 "Year." As follows:
18 (1) A regular and consecutive 12-month period as
19 determined by an employer and communicated to its employees.
20 (2) For the purposes of sections 8 and 14, the term
21 means a calendar year.
22 Section 4. Accrual of earned paid sick time.
23 (a) General rule.--An employee shall accrue a minimum of one
24 hour of earned paid sick time for every 30 hours worked,
25 beginning at the commencement of employment or on the date this
26 act goes into effect, whichever is later.
27 (b) Exemption.--An employee who is exempt from overtime
28 requirements of section 5 of the Minimum Wage Act as an
29 administrative, executive or professional employee shall be
30 deemed to work 40 hours per workweek for purposes of this act
20240HB2548PN3675 - 6 -
 1 unless the employee's normal workweek is less than 40 hours, in
2 which case the employee shall accrue earned paid sick time based
3 upon that normal workweek.
4 (c) Limit.--An employer may limit an employee's use of
5 earned paid sick time to 80 hours in each year.
6 (d) Carry over.--
7 (1) An employer shall carry over earned paid sick time
8 to the following year.
9 (2) In lieu of carryover of unused earned paid sick time
10 from one year to the next under paragraph (1), an employer
11 may pay an employee for unused earned paid sick time at the
12 end of a year and provide the employee with an amount of paid
13 sick time that meets or exceeds the requirements of this act
14 that is available for the employee's immediate use at the
15 beginning of the subsequent year.
16 (e) Distribution of leave.--An employer may:
17 (1) Provide the full amount of earned paid sick time an
18 employee is expected to earn in the year to the employee at
19 the beginning of the year.
20 (2) Lend earned paid sick time to an employee in advance
21 of accrual, documenting that loan.
22 (f) Additional time not required.--
23 (1) An employer is not required to provide additional
24 paid sick time if the employer provides a paid leave policy
25 or paid time off policy that makes an amount of leave
26 available that is sufficient to meet the accrual, carryover
27 and use requirements of this act.
28 (2) The leave or time off provided under the employer's
29 paid leave policy or paid time off policy may be used to
30 satisfy the earned paid sick time requirements of this act.
20240HB2548PN3675 - 7 -
 1 (3) When used to satisfy the requirements of this act,
2 the leave shall be used for the same purposes, under the same
3 conditions, and with the same protections as earned paid sick
4 time under this act.
5 Section 5. Use of earned paid sick time.
6 (a) General rule.--An employer shall provide earned paid
7 sick time to an employee for:
8 (1) The employee's:
9 (i) mental or physical illness, injury or health
10 condition;
11 (ii) need for medical diagnosis, care or treatment
12 of a mental or physical illness, injury or health
13 condition; or
14 (iii) need for preventive medical care.
15 (2) Care of a family member:
16 (i) with a mental or physical illness, injury or
17 health condition;
18 (ii) who needs medical diagnosis, care or treatment
19 of a mental or physical illness, injury or health
20 condition;
21 (iii) who needs preventive medical care; or
22 (iv) where, in the case of a child, the employee
23 must attend a school meeting or a meeting at a place
24 where the child receives care necessitated by the child's
25 health condition or disability or emotional difficulties
26 caused by an act of abuse or sexual violence as defined
27 in paragraph (6).
28 (3) Closure of the employee's place of business by order
29 of a public official due to a public health emergency.
30 (4) The employee's need to care for a child whose school
20240HB2548PN3675 - 8 -
 1 or place of care has been closed by order of a public
2 official due to a public health emergency.
3 (5) The employee's need to care for oneself or a family
4 member when it has been determined by a health authority
5 having jurisdiction, a health care provider or the employer
6 of the employee or employee's family member, that the
7 employee's or family member's presence in the community may
8 jeopardize the health of others because of the employee's or
9 family member's exposure to a communicable disease, whether
10 or not the employee or family member has actually contracted
11 the communicable disease.
12 (6) The employee's inability to work or telework because
13 the employee is:
14 (i) prohibited from working by the employer due to
15 health concerns related to the potential transmission of
16 a communicable illness related to the public health
17 emergency; or
18 (ii) seeking or awaiting the results of a diagnostic
19 test for, or a medical diagnosis of, the communicable
20 illness related to a public emergency and the employee
21 has been exposed to the communicable illness or the
22 employee's employer has requested the test or diagnosis.
23 (7) Absence necessary due to an act of abuse as defined
24 in 23 Pa.C.S. § 6102(a) (relating to definitions), sexual
25 violence as defined in 42 Pa.C.S. § 62A03 (relating to
26 definitions) or an act of domestic or other violence as
27 defined in 55 Pa. Code § 3042.3 (relating to definitions), if
28 the leave is for the purpose of allowing the employee to
29 obtain for the employee or the employee's family member:
30 (i) Diagnosis, treatment, care or other assistance
20240HB2548PN3675 - 9 -
 1 for a physical, mental or emotional injury or other
2 medical attention needed to recover from a physical or
3 psychological injury or disability caused by abuse or
4 sexual violence.
5 (ii) Services from a victim services organization.
6 (iii) Psychological or other counseling.
7 (iv) Relocation or taking steps to secure an
8 existing home due to the abuse or sexual violence.
9 (v) Legal services, including preparing for or
10 participating in a civil or criminal legal proceeding,
11 related to or resulting from the abuse or sexual
12 violence.
13 (b) Request for time.--An employer shall provide, at the
14 request of an employee, earned paid sick time. The request may
15 be made orally, in writing, by electronic means or by any other
16 means acceptable to the employer. When possible, the request
17 shall include the expected duration of the absence.
18 (c) Good faith effort by employee.--
19 (1) If the use of earned paid sick time is foreseeable,
20 the employee shall make:
21 (i) a good faith effort to provide notice of the
22 need for time to the employer in advance of the use of
23 the earned paid sick time; and
24 (ii) a reasonable effort to schedule the use of
25 earned paid sick time in a manner that does not unduly
26 disrupt the operations of the employer.
27 (2) If the use of earned paid sick time is not
28 foreseeable, the employee shall provide written or verbal
29 notice of the need for the leave to the employer as soon as
30 practicable.
20240HB2548PN3675 - 10 -
 1 (d) Policy.--An employer that requires specific notice of
2 the use of earned paid sick time shall provide a written policy
3 that contains procedures for the employee to provide notice. An
4 employer that has not provided to the employee a copy of its
5 written policy for providing specific notice may not deny earned
6 paid sick time to the employee based on noncompliance with the
7 policy.
8 (e) Coverage.--An employer may not require, as a condition
9 of an employee's taking earned paid sick time, that the employee
10 search f