Pennsylvania HB 1758: An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in volunteer firefighters, repealing provisions relating to employment sanctions; and providing for volunteer emergency responders employer tax credit.

Bill Text

PRINTER'S NO. 2166
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1758
Session of
2025
INTRODUCED BY SCOTT, BOROWSKI, GIRAL, HILL-EVANS, PIELLI,
SANCHEZ, MALAGARI, SIEGEL, PROBST, MADDEN, STEELE, MAYES,
McANDREW, CIRESI, CERRATO, GILLEN AND CEPEDA-FREYTIZ,
JULY 23, 2025
REFERRED TO COMMITTEE ON FINANCE, JULY 23, 2025
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in volunteer firefighters, repealing
provisions relating to employment sanctions; and providing
for volunteer emergency responders employer tax credit.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Subchapter C of Chapter 74 of Title 35 of the
Pennsylvania Consolidated Statutes is repealed:
[SUBCHAPTER C
EMPLOYMENT SANCTIONS
Sec.
7421. Scope of subchapter.
7422. Definitions.
7423. Prohibition on termination and discipline.
7424. Prohibition on discrimination.
7425. Lost time.
7426. Statements.
7427. Violations.
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§ 7421. Scope of subchapter.
This subchapter relates to employment sanctions.
§ 7422. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Discipline." The taking of an action against an employee
which adversely affects his regular pay to an extent greater
than permitted by section 7425 (relating to lost time), his job
status, his opportunity for promotion or his right to any
benefit granted by the employer to other similarly situated
employees.
"Discriminate." To discharge or to discipline in a manner
inconsistent with the employer's treatment of other similarly
situated employees who are injured in the course of their
employment or related activities.
"Employer." An individual, partnership, association,
corporation, business trust or a person or group of persons
acting directly or indirectly in the interest of an employer in
relation to any employee.
"Line of duty." Going to, coming from or during fire
prevention and safety activities which includes fire prevention,
first aid, rescue and salvage, ambulance service, fire police
work, assistance at accidents, control of crowds both on the
fire grounds and at occasions of public or general assembly,
animal rescue, abatement of conditions due to storm, flood or
general peril, abatement or removal of hazards to safety and
other activities as are commonly undertaken by fire companies,
ambulance services or rescue squads or their affiliated
organizations.
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§ 7423. Prohibition on termination and discipline.
No employer shall terminate or discipline an employee who is
a volunteer fireman, a volunteer member of the fire police or a
volunteer member of an ambulance service or rescue squad and, in
the line of duty, has responded to a call prior to the time he
was due to report for work resulting in a loss of time from his
employment.
§ 7424. Prohibition on discrimination.
No employer shall discriminate against an employee because
the employee has been injured in the line of duty as a volunteer
fireman, a volunteer member of the fire police or a volunteer
member of an ambulance service or rescue squad, nor shall an
employer discriminate against an employee injured in the line of
duty as a volunteer fireman, a volunteer member of the fire
police or a volunteer member of an ambulance service or rescue
squad who subsequently returns to work after receiving workers'
compensation benefits under the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act.
§ 7425. Lost time.
Time lost from employment as provided in section 7423
(relating to prohibition on termination and discipline) may be
charged to the regular pay of the employee.
§ 7426. Statements.
An employee losing time as provided in section 7423 (relating
to prohibition on termination and discipline) shall supply his
employer with a statement from the chief executive officer of
his volunteer fire company, ambulance service or rescue squad or
its affiliated organization stating that he responded to a call
and the time of the call.
§ 7427. Violations.
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(a) Employers.--An employer who willfully and knowingly
violates this subchapter shall be required to revoke a
disciplinary action and any penalty attached thereto or to
reinstate such employee to his former position and shall be
required to pay the employee all lost wages and benefits for the
period between termination and reinstatement and reasonable
attorney fees incurred in an action to recover lost wages and
benefits.
(b) Statute of limitations.--An action to enforce this
subchapter shall be commenced within two years of the date of
violation, and the action shall be commenced in the court of
common pleas of the c