Pennsylvania SB 13: An Act providing for mandatory Statewide employer-paid sick leave for employees and for civil penalties and remedies.

Bill Text

PRINTER'S NO. 846
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 13
Session of
2025
INTRODUCED BY HUGHES, MUTH, SAVAL, SCHWANK, STREET, KEARNEY,
COMITTA, FONTANA, KANE, HAYWOOD, COSTA, TARTAGLIONE, COLLETT
AND L. WILLIAMS, MAY 28, 2025
REFERRED TO LABOR AND INDUSTRY, MAY 28, 2025
AN ACT
Providing for mandatory Statewide employer-paid sick leave for
employees and for civil penalties and remedies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Healthy
Employee and Healthy Workplace Act.
Section 2. Scope of act.
This act relates to promoting healthy families and workplaces
by establishing a mandatory employer-paid sick leave policy in
this Commonwealth.
Section 3. 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:
"Department." The Department of Labor and Industry of the
Commonwealth.
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"Employee." As the term "employe" is defined in section 3 of
the Minimum Wage Act. The term does not include an employee
covered by a collective bargaining agreement if the agreement
expressly provides for:
(1) The wages, hours of work and working conditions of
employees.
(2) Paid sick leave or a paid leave or paid time off
policy that permits the use of sick leave for employees.
(3) Final and binding arbitration of disputes concerning
the application of the paid sick leave provisions of the
collective bargaining agreement.
"Employer." As defined in section 3 of the Minimum Wage Act.
"Family member." Any of the following:
(1) A child, stepchild or legal ward or a child to whom
an employee stands in loco parentis, notwithstanding the age
or dependency status of the child.
(2) A biological, adoptive or foster parent, stepparent
or legal guardian of an employee or the employee's spouse or
a person who stood in loco parentis when the employee was a
minor.
(3) A spouse or domestic partner.
(4) A grandparent.
(5) A grandchild.
(6) A sibling.
"Minimum Wage Act." The act of January 17, 1968 (P.L.11,
No.5), known as The Minimum Wage Act of 1968.
"Municipality." A city, borough, incorporated town or
township. The term includes a municipality operating under 53
Pa.C.S. Pt. III Subpt. E (relating to home rule and optional
plan government).
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"Paid sick leave." Time that is compensated at the rate
provided under section 5 and is provided by an employer to an
employee under this act.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
Section 4. Paid sick leave.
(a) Requirement.--An employer shall provide paid sick leave
to an employee for, at a minimum, the following purposes:
(1) Diagnosis, care or treatment of an existing health
condition of, or preventive care for, the employee or
employee's family member.
(2) Diagnosis, treatment, care, counseling or other
assistance for a physical, mental or emotional injury
suffered by the employee or the employee's family member due
to an act of abuse as defined in 23 Pa.C.S. § 6102(a)
(relating to definitions) or sexual violence as defined in 42
Pa.C.S. § 62A03 (relating to definitions).
(3) A public health or public safety emergency involving
the employee or the employee's family member.
(b) Availability.--An employer shall provide paid sick leave
to an employee beginning on the day after the date the employee
has worked for the employer for at least 30 days within a year
from the commencement of employment.
(c) Accrual and use.--
(1) Paid sick leave shall accrue to an employee at the
rate of one hour per every 30 hours worked, beginning at the
commencement of employment. An employee who is exempt from
overtime requirements of section 5 of the Minimum Wage Act as
an administrative, executive or professional employee shall
be deemed to work 40 hours per workweek for the purposes of
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this act, unless the employee's normal workweek is less than
40 hours, in which case the employee shall accrue paid sick
leave based upon the normal workweek.
(2) An employer may limit an employee's use of paid sick
leave to 56 hours or seven days in each year of employment.
(3) Unless otherwise approved by the employer, an
employee may not use accrued paid sick leave prior to 91 days
of employment, after which day the employee may use paid sick
leave as the paid sick leave is accrued.
(4) Accrued paid sick leave shall carry over to the
following year of employment, except that an employer may
limit an employee's total accrual of paid sick leave to 80
hours or 10 days annually.
(5) An employer may, at the employer's discretion:
(i) Provide the full amount of paid sick leave to
the employee at the beginning of each year.
(ii) Lend