Pennsylvania HB 1855: An Act requiring an employer to provide paid leave to an employee due to a climate-related emergency; establishing the Climate-related Emergency Paid Leave Fund; and imposing duties on the Department of Labor and Industry.

Bill Text

PRINTER'S NO. 2293
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1855
Session of
2025
INTRODUCED BY WAXMAN, HILL-EVANS, KINKEAD, GUZMAN, HOHENSTEIN,
MAYES AND SANCHEZ, SEPTEMBER 9, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 10, 2025
AN ACT
Requiring an employer to provide paid leave to an employee due
to a climate-related emergency; establishing the Climate-
related Emergency Paid Leave Fund; and imposing duties on the
Department of Labor and Industry.
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 Climate-
related Emergency Paid Leave Act.
Section 2. Findings and declarations.
(a) Legislative findings.--The General Assembly finds and
declares as follows:
(1) This Commonwealth is experiencing an increasing
number of climate-related emergencies, including floods,
wildfires, extreme heat events and severe storms.
(2) Climate-related emergencies create unsafe conditions
that can prevent workers from safely traveling to or
performing their jobs.
(3) Many Pennsylvania workers, particularly in low-wage
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and hourly jobs, lack access to paid leave and are forced to
choose between personal safety and income.
(4) Providing guaranteed paid leave during climate-
related emergencies is a matter of public safety, economic
stability and climate resilience.
(b) Purpose.--The purpose of this act is to ensure that all
workers in this Commonwealth can protect themselves and their
families during a climate-related emergency without risking
financial hardship.
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:
"Climate-related emergency." A natural disaster or extreme
weather event attributable to or worsened by climate change,
including floods, wildfires, extreme heat, hurricanes, severe
storms or similar events that results in a:
(1) proclamation of disaster emergency by the Governor
under 35 Pa.C.S. § 7301(c) (relating to general authority of
Governor); or
(2) presidential declaration of a major disaster or
emergency under 42 U.S.C. Ch. 68 (relating to disaster
relief).
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employ." To engage, suffer or permit to work. A worker is
considered an employee and not an independent contractor, unless
all three of the following conditions are satisfied:
(1) The worker is free from the control and direction of
the employer in connection with the performance of the work.
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(2) The worker performs work that is outside the usual
course of the employer's business.
(3) The worker is customarily engaged in an
independently established trade, occupation or business of
the same nature as that involved in the work performed.
"Employee." A person employed by an employer.
"Employer." The Commonwealth, its political subdivisions and
their instrumentalities or any person, association, entity,
organization, partnership, business trust, limited liability
company or corporation that directly or indirectly, or through
an agent or any other person, employs or exercises any control
over the wages, hours or working conditions of an employee.
"Fund." The Climate-related Emergency Paid Leave Fund
established under section 5.
Section 4. Paid leave entitlement.
(a) Amount of leave.--An employer shall provide each
employee with up to 10 days of paid leave per calendar year
during a climate-related emergency.
(b) Rate of pay.--Paid leave under subsection (a) shall be
compensated at the employee's regular rate of pay, including any
applicable shift differentials.
(c) Eligibility.--An employee shall be eligible for paid
leave under this section if the employee is unable to work or
telework because of:
(1) personal injury, illness or property loss resulting
from a climate-related emergency;
(2) the need to care for a child, dependent or family
member affected by the climate-related emergency;
(3) compliance with an evacuation order, road closure or
public safety directive issued during the climate-related
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emergency; or
(4) unsafe working conditions arising from a climate-
related emergency.
(d) Immediate availability.--Paid leave under this act shall
be available immediately upon the occurrence of a climate-
related emergency and may not require prior accrual or a waiting
period.
Section 5. Climate-related Emergency Paid Leave Fund.
(a) Establishment.--The Climate-related Emergency Paid Leave
Fund is established as a fund in the State Treasury.
(b) Purpose.--The fund shall be used to reimburse employers
for up to 50% of the costs of paid leave provided under this
act.
(c) Source of mon