Pennsylvania SB 906: An Act establishing the Pennsylvania Family and Medical Leave Program and the Family and Medical Leave Fund; conferring powers and imposing duties on the Department of Labor and Industry; creating a right of action; and imposing penalties.

Bill Text

PRINTER'S NO. 1021
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 906
Session of
2025
INTRODUCED BY ROBINSON, COLLETT, TARTAGLIONE, HUGHES,
SANTARSIERO, SCHWANK, KEARNEY, COSTA, COMITTA, HAYWOOD,
FONTANA, CAPPELLETTI, L. WILLIAMS, BARTOLOTTA, SAVAL,
PICOZZI, FARRY, LAUGHLIN, KANE AND VOGEL, JUNE 30, 2025
REFERRED TO LABOR AND INDUSTRY, JUNE 30, 2025
AN ACT
Establishing the Pennsylvania Family and Medical Leave Program
and the Family and Medical Leave Fund; conferring powers and
imposing duties on the Department of Labor and Industry;
creating a right of action; and imposing penalties.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Legislative intent.
Section 103. Definitions.
Chapter 3. Family and Medical Leave Program
Section 301. Family and Medical Leave Program.
Section 302. Powers and duties of department.
Section 303. Eligibility for family and medical leave benefits.
Section 304. Duration of benefits.
Section 305. Amount of benefits.
Section 306. Contributions.
Section 307. Reduced leave schedule.
Section 308. Employment protections.
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Section 309. Coordination of benefits.
Section 310. Employer waiver to use private plan.
Chapter 5. Administration and Procedures
Section 501. Notice.
Section 502. Erroneous payments and disqualification for
benefits.
Section 503. Elective coverage.
Section 504. Violations.
Section 505. Judicial review.
Section 506. Family and Medical Leave Fund.
Section 507. Annual report.
Section 508. Public education.
Section 509. Advisory Board.
Section 510. Regulations.
Section 511. Right of action.
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 Pennsylvania
Family and Medical Leave Act.
Section 102. Legislative intent.
The General Assembly finds and declares as follows:
(1) Paid family and medical leave promotes the physical
and emotional health of children and their families.
(2) Paid family and medical leave has a positive impact
on economic stability and ensures competitive viability for
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all businesses, but particularly smaller businesses.
(3) The establishment of a paid family and medical leave
program is essential to public health, safety and welfare.
Section 103. 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." The term includes:
(1) Force or threat of force of 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) An act 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
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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.
"Application year." The 12-month period beginning on the
first day of the calendar week in which an individual files a
claim for family and medical leave 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." Leave for a covered individual or to assist a family
member whom the covered individual is caring for, to:
(1) Seek or obtain medical attention, rehabilitative
services, accessibility equipment or other treatment related
to a physical or m