Pennsylvania HB 551: An Act providing for paid leave time for a pregnancy loss or related reason; and imposing penalties.

Bill Text

PRINTER'S NO. 552
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 551
Session of
2025
INTRODUCED BY HANBIDGE, SHUSTERMAN, HILL-EVANS, GIRAL, PIELLI,
HOWARD, FIEDLER, SANCHEZ, FREEMAN, CEPEDA-FREYTIZ, OTTEN,
CIRESI, DEASY, CERRATO AND GREEN, FEBRUARY 11, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 11, 2025
AN ACT
Providing for paid leave time for a pregnancy loss or related
reason; and imposing penalties.
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 Support
Through Loss Act.
Section 2. 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:
"Assisted reproductive technology procedure." The term shall
have the same meaning as "assisted reproductive technology" in
42 U.S.C. § 263a-7 (relating to definitions).
"Department." The Department of Labor and Industry of the
Commonwealth.
"Domestic partner." With respect to an unmarried employee,
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includes:
(1) The person recognized as the domestic partner of the
employee under a domestic partnership or civil union law of a
state or political subdivision of a state.
(2) An unmarried, adult person who is in a committed,
personal relationship with the employee, who is not a
domestic partner as described in paragraph (1) to or in a
relationship with any other person and who is designated to
the employee's employer by the employee as that employee's
domestic partner.
"Employer." A person engaged in commerce or in an industry
or activity affecting commerce who employs five or more
employees for each working day during each calendar workweek in
the current or preceding year.
"Paid leave time." An increment of compensated leave that
can be granted to an employee for use during an absence from
employment for any reason described in this act.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
"Unpaid leave time." Leave granted and used in the same
manner and under the same conditions as paid leave time for the
purposes of this act, except that no compensation shall be paid.
Section 3. Paid leave time.
(a) Accrual.--An employer shall grant to each employee
employed by the employer 24 hours of paid leave time on the
employee's first workday of each calendar year. The employee may
use the paid leave time as needed during that calendar year for
reasons described in subsection (d).
(b) No carryover.--Paid leave time granted under this
section shall not carry over from one year to the next.
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(c) Paid leave policy.--An employer with a paid leave policy
who makes available an amount of paid leave that is sufficient
to meet the requirements of this section and that is made
available for all stated reasons and under all stated conditions
that are the same as the reasons and conditions under subsection
(d) shall not be required to grant an employee additional paid
leave time under this section.
(d) Reason for leave.--Paid leave time granted under this
section may be used by an employee for either of the following:
(1) An absence resulting from:
(i) a pregnancy loss;
(ii) an unsuccessful round of intrauterine
insemination or an unsuccessful round of an assisted
reproductive technology procedure;
(iii) a failed adoption match or an adoption that is
not finalized because it is contested by another party;
(iv) a failed surrogacy arrangement; or
(v) a diagnosis or event that impacts pregnancy or
fertility.
(2) An absence to care for a spouse or domestic partner
who experiences a circumstance described in paragraph (1).
Section 4. Prohibited acts.
It shall be unlawful for an employer to interfere with,
restrain or deny the exercise of or the attempt to exercise a
right provided under this act, including:
(1) discharging or discriminating against, including
retaliating against, an individual, including a job
applicant, for exercising or attempting to exercise a right
provided under this act;
(2) using the taking of paid leave time or unpaid leave
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time under this act as a factor in an employment action, such
as hiring, promotion, reducing hours or number of shifts or a
disciplinary action; or
(3) counting the paid leave time or unpaid leave time
under a no-fault attendance policy or any other absence
control policy.
Section 5. Notice requirement.
(a) Handbook and posting.--An employer shall notify each
employee and include in an employee handbook the information
described in paragraphs (1), (2) and (3). Each employer shall
post and keep posted a notice, to be prepared or approved in
accordance with regulations prescribed under this act, stating
excerpts from, or summaries of, the pertinent pr