Global Compliance Desk – Pennsylvania
Paid Family Leave Act – Bill Introduced
A New Bill, which is an Act providing for paid family and medical leave for eligible employees under certain circumstances and for regulations by the Department of Labor and Industry was introduced in the Senate on September 19, 2019.
Definitions:
Eligible employee – As defined in the FMLA and who is the parent through birth, adoption or placement through foster care of a new child.
Employer – A person engaged in commerce or industry or activity affecting commerce who employs at least four employees in this Commonwealth for each working day during each of 20 or more calendar workweeks in the current or preceding calendar
year. The term includes:
- A person who acts, directly or indirectly, in the interest of an employer to an employee of the employer and any successor in interest of the employer.
- The Commonwealth and any of its political subdivisions and municipal authorities.
Duration
- An employer shall provide not less than 12 weeks of paid leave to an eligible employee to care for a child during the period extending from the beginning of a pregnancy to one year after the birth, adoption or placement of the child.
- The amount of leave taken by an eligible employee during a 12-month period shall be counted against the amount of leave the eligible employee is entitled to under the FMLA and may be taken at any time from the beginning of the pregnancy to up to one year after birth, adoption or placement.
- An eligible employee entitled to paid leave shall be paid, during the period of leave, the full rate of pay the eligible employee received before the period of leave commenced or, if the rate of pay is based on an hourly rate, the weekly average applicable during the four weeks before the period of leave commenced.
An employer of an eligible employee entitled to paid leave may not, during the period of leave, terminate, reduce or in any manner diminish the other benefits or emoluments of employment to which the eligible employee was entitled before the period of leave commenced.
This act is likely to take effect in the month of November 2019.
