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

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
 1   Providing for paid leave time for a pregnancy loss or related
 2      reason; and imposing penalties.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Support
 7   Through Loss Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Assisted reproductive technology procedure."         The term shall
13   have the same meaning as "assisted reproductive technology" in
14   42 U.S.C. § 263a-7 (relating to definitions).
15      "Department."    The Department of Labor and Industry of the
16   Commonwealth.
17      "Domestic partner."      With respect to an unmarried employee,
 1   includes:
 2            (1)   The person recognized as the domestic partner of the
 3      employee under a domestic partnership or civil union law of a
 4      state or political subdivision of a state.
 5            (2)   An unmarried, adult person who is in a committed,
 6      personal relationship with the employee, who is not a
 7      domestic partner as described in paragraph (1) to or in a
 8      relationship with any other person and who is designated to
 9      the employee's employer by the employee as that employee's
10      domestic partner.
11      "Employer."     A person engaged in commerce or in an industry
12   or activity affecting commerce who employs five or more
13   employees for each working day during each calendar workweek in
14   the current or preceding year.
15      "Paid leave time."     An increment of compensated leave that
16   can be granted to an employee for use during an absence from
17   employment for any reason described in this act.
18      "Secretary."     The Secretary of Labor and Industry of the
19   Commonwealth.
20      "Unpaid leave time."     Leave granted and used in the same
21   manner and under the same conditions as paid leave time for the
22   purposes of this act, except that no compensation shall be paid.
23   Section 3.     Paid leave time.
24      (a)   Accrual.--An employer shall grant to each employee
25   employed by the employer 24 hours of paid leave time on the
26   employee's first workday of each calendar year. The employee may
27   use the paid leave time as needed during that calendar year for
28   reasons described in subsection (d).
29      (b)   No carryover.--Paid leave time granted under this
30   section shall not carry over from one year to the next.

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 1      (c)   Paid leave policy.--An employer with a paid leave policy
 2   who makes available an amount of paid leave that is sufficient
 3   to meet the requirements of this section and that is made
 4   available for all stated reasons and under all stated conditions
 5   that are the same as the reasons and conditions under subsection
 6   (d) shall not be required to grant an employee additional paid
 7   leave time under this section.
 8      (d)   Reason for leave.--Paid leave time granted under this
 9   section may be used by an employee for either of the following:
10            (1)   An absence resulting from:
11                  (i)    a pregnancy loss;
12                  (ii)    an unsuccessful round of intrauterine
13            insemination or an unsuccessful round of an assisted
14            reproductive technology procedure;
15                  (iii)    a failed adoption match or an adoption that is
16            not finalized because it is contested by another party;
17                  (iv)    a failed surrogacy arrangement; or
18                  (v)    a diagnosis or event that impacts pregnancy or
19            fertility.
20            (2)   An absence to care for a spouse or domestic partner
21      who experiences a circumstance described in paragraph (1).
22   Section 4.     Prohibited acts.
23      It shall be unlawful for an employer to interfere with,
24   restrain or deny the exercise of or the attempt to exercise a
25   right provided under this act, including:
26            (1)   discharging or discriminating against, including
27      retaliating against, an individual, including a job
28      applicant, for exercising or attempting to exercise a right
29      provided under this act;
30            (2)   using the taking of paid leave time or unpaid leave

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 1      time under this act as a factor in an employment action, such
 2      as hiring, promotion, reducing hours or number of shifts or a
 3      disciplinary action; or
 4            (3)   counting the paid leave time or unpaid leave time
 5      under a no-fault attendance policy or any other absence
 6      control policy.
 7   Section 5.     Notice requirement.
 8      (a)   Handbook and posting.--An employer shall notify each
 9   employee and include in an employee handbook the information
10   described in paragraphs (1), (2) and (3). Each employer shall
11   post and keep posted a notice, to be prepared or approved in
12   accordance with regulations prescribed under this act, stating
13   excerpts from, or summaries of, the pertinent provisions of this
14   act, including:
15            (1)   Information describing paid leave time available to
16      employees under this act.
17            (2)   Information pertaining to the filing of an action
18      under this act.
19            (3)   Information that describes:
20                  (i)    The protections that an employee has in
21            exercising rights under this act.
22                  (ii)    The process that the department provides for an
23            employee to contact the department if any rights are
24            violated.
25      (b)   Location.--The notice described under subsection (a)
26   shall be posted:
27            (1)   in conspicuous places on the premises of the
28      employer, where notices to employees, including applicants,
29      are customarily posted; or
30            (2)   in an employee handbook.

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 1      (c)   Penalty.--An employer who willfully violates the posting
 2   requirements of this section shall be subject to a civil fine in
 3   an amount not to exceed $100 for each separate violation.
 4   Section 6.     Civil action by employee or domestic partner.
 5      (a)   Right of action.--An action to recover the damages or
 6   equitable relief prescribed may be maintained against an
 7   employer in a court of competent jurisdiction by one or more
 8   employees, domestic partners or a representative for, and on
 9   behalf of:
10            (1)   the employee or domestic partner; or
11            (2)   the employees or domestic partners and others
12      similarly situated.
13      (b)   Liability.--An employer who violates section 4 shall be
14   liable to an employee or domestic partner affected:
15            (1)   for damages equal to:
16                  (i)    the amount of:
17                         (A)   wages, salary, employment benefits or other
18                  compensation denied or lost by reason of the
19                  violation; or
20                         (B)   in a case where wages, salary, employment
21                  benefits or other compensation have not been denied
22                  or lost, any actual monetary losses sustained as a
23                  direct result of the violation up to a sum equal to
24                  24 hours of wages or salary for the employee or
25                  domestic partner;
26                  (ii)    the interest on the amount described in
27            subparagraph (i) calculated at the prevailing rate; and
28                  (iii)    an additional amount as liquidated damages;
29            and
30            (2)   for equitable relief as may be appropriate,

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 1      including employment, reinstatement and promotion.
 2      (c)   Fees and costs.--The court, in an action under this
 3   section, shall, in addition to any judgment awarded to the
 4   plaintiff, allow reasonable attorney fees, reasonable expert
 5   witness fees and other costs of the action to be paid by the
 6   defendant.
 7   Section 7.     Administrative action.
 8      (a)   Duty of secretary.--The secretary shall receive,
 9   investigate and attempt to resolve complaints of violations of
10   section 4, including a violation relating to the rights provided
11   under this act.
12      (b)   Penalty.--The secretary may levy an administrative
13   penalty of up to $5,000 per violation.
14   Section 8.     Civil action by department.
15      The secretary may bring an action in a court of competent
16   jurisdiction to recover the damages described under this act.
17   The following apply:
18            (1)   Money recovered by the secretary under section 6
19      shall be held in a special deposit account and shall be paid,
20      on order of the secretary, directly to each employee or
21      domestic partner affected. The money not paid to an employee
22      or domestic partner affected because of inability to do so
23      within a period of three years shall be deposited into the
24      General Fund.
25            (2)   An action may be brought no later than two years
26      after the date of the last event constituting the alleged
27      violation for which the action is brought.
28            (3)   In the case of an action brought for a willful
29      violation of section 4, the action may be brought within
30      three years of the date of the last event constituting the

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1      alleged violation for which the action is brought.
2          (4)    In determining when an action is commenced under
3      this section, an action shall be considered to be commenced
4      on the date when the complaint is filed.
5   Section 9.    Regulations.
6      The department may promulgate rules and regulations to
7   administer and enforce this act.
8   Section 10.    Effective date.
9      This act shall take effect in 60 days.




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