HB 899 — An Act providing for the right for employees to paid sick leave from employers and for civil penalties and remedies.

PRINTER'S NO.   941

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 899
                                                  Session of
                                                    2025

     INTRODUCED BY O'MARA, PIELLI, HILL-EVANS, SANCHEZ, McNEILL,
        KHAN, GIRAL, STEELE, HOHENSTEIN, DONAHUE, SHUSTERMAN,
        FIEDLER, DALEY, DEASY, GREEN, MADDEN, CERRATO, A. BROWN AND
        BOROWSKI, MARCH 13, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 13, 2025


                                       AN ACT
 1   Providing for the right for employees to paid sick leave from
 2      employers and for civil penalties and remedies.
 3                               TABLE OF CONTENTS
 4   Section 1.    Short title.
 5   Section 2.    Scope of act.
 6   Section 3.    Definitions.
 7   Section 4.    Accrual of earned paid sick time.
 8   Section 5.    Use of earned paid sick time.
 9   Section 6.    Payment of earned sick time.
10   Section 7.    Notice and posting.
11   Section 8.    Employer records.
12   Section 9.    Regulations.
13   Section 10.    Confidentiality and nondisclosure.
14   Section 11.    Other legal requirements.
15   Section 12.    Exercise of rights protected and retaliation
16                 prohibited.
17   Section 13.    Complaint procedure.
 1   Section 14.    Enforcement.
 2   Section 15.    Construction.
 3   Section 16.    Public education and outreach.
 4   Section 17.    Effective date.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7   Section 1.    Short title.
 8      This act shall be known and may be cited as the Healthy
 9   Workplaces Act.
10   Section 2.    Scope of act.
11      This act relates to promoting healthy families, employees and
12   workplaces by establishing an earned paid sick time policy in
13   this Commonwealth in order to:
14          (1)     Ensure that all workers in this Commonwealth can
15      address their own health and safety needs and the health and
16      safety needs of their families by requiring employers to
17      provide a minimum level of earned paid sick time, including
18      time to care for their family members.
19          (2)     Diminish public and private health care costs and
20      promote preventive health services in this Commonwealth by
21      enabling workers to seek early and routine medical care for
22      themselves and their family members.
23          (3)     Protect the public's health in this Commonwealth by
24      reducing the risk of contagion.
25          (4)     Promote the economic security and stability of
26      workers and their families.
27          (5)     Protect employees in this Commonwealth from losing
28      their jobs or facing workplace discipline when they use the
29      paid sick time they earn to care for themselves or their
30      families.

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 1            (6)   Assist victims of domestic violence and their family
 2        members by providing them job-protected time away from work
 3        to receive treatment and take the necessary steps to ensure
 4        their safety.
 5            (7)   Safeguard the public welfare, health, safety and
 6        prosperity of the residents of this Commonwealth.
 7            (8)   Accomplish the purposes described in this section in
 8        a manner that is feasible for employers.
 9   Section 3.     Definitions.
10        The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13        "Department."   The Department of Labor and Industry of the
14   Commonwealth.
15        "Earned paid sick time."   Time that an employee is
16   compensated for at the same hourly rate and with the same
17   benefits, including health care benefits, as the employee
18   normally earns during hours worked and is provided by the
19   employer to the employee for the purposes described in section
20   5.
21        "Employee."   An individual who works part time or full time
22   for an employer or who is under the direction of an employer or
23   a subcontractor of an employer for wages, salary or remuneration
24   of any type under contract or subcontract of employment. The
25   term does not include an individual who is subject to the
26   provisions of 45 U.S.C. Ch. 11 (relating to railroad
27   unemployment insurance).
28        "Employer."   A person, including an agent of a person, that
29   engages the services of an employee for wages, salary or
30   remuneration of any type under contract or subcontract of

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 1   employment. The term does not include the Federal Government.
 2      "Family member."   Any of the following with respect to an
 3   employee:
 4          (1)   Regardless of age, a biological, adopted or foster
 5      child, stepchild or legal ward, a child of a domestic
 6      partner, a child to whom the employee stands in loco parentis
 7      or an individual to whom the employee stood in loco parentis
 8      when the individual was a minor.
 9          (2)   A biological, foster, stepparent or adoptive parent
10      or legal guardian of the employee or the employee's spouse or
11      domestic partner or an individual who stood in loco parentis
12      when the employee or employee's spouse or domestic partner
13      was a minor child.
14          (3)   An individual to whom the employee is legally
15      married under the laws of a state or a domestic partner of an
16      employee as registered under the laws of a state or political
17      subdivision.
18          (4)   A grandparent, grandchild or sibling, whether of a
19      biological, foster, adoptive or step relationship, of the
20      employee or the employee's spouse or domestic partner.
21          (5)   Any other individual related by blood.
22          (6)   Any other individual whose close association with
23      the employee is the equivalent of a family relationship.
24      "Health care provider."    An individual licensed under Federal
25   or State law to provide medical or emergency services, including
26   a doctor, nurse, certified nurse midwife and emergency room
27   personnel.
28      "Minimum Wage Act."   The act of January 17, 1968 (P.L.11,
29   No.5), known as The Minimum Wage Act of 1968.
30      "Municipality."    A city, borough, incorporated town or

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 1   township. The term includes a municipality operating under 53
 2   Pa.C.S. Pt. III Subpt. E (relating to home rule and optional
 3   plan government).
 4      "Retaliatory personnel action."      Any of the following:
 5            (1)   A denial of a right guaranteed under this act.
 6            (2)   A threat, discharge, suspension, demotion, reduction
 7      of hours, reporting or threatening to report an employee's
 8      suspected citizenship or immigration status or the suspected
 9      citizenship or immigration status of a family member of the
10      employee to a Federal, State or local agency.
11            (3)   Any other adverse action against an employee for the
12      exercise of a right guaranteed under this act, including a
13      sanction against an employee who is the recipient of public
14      benefits for rights guaranteed under this act.
15            (4)   Interference with or punishment for in any manner
16      participating in or assisting an investigation, proceeding or
17      hearing under this act.
18      "Secretary."     The Secretary of Labor and Industry of the
19   Commonwealth.
20      "Year."     As follows:
21            (1)   A regular and consecutive 12-month period as
22      determined by an employer and communicated to its employees.
23            (2)   For the purposes of sections 8 and 14, the term
24      means a calendar year.
25   Section 4.     Accrual of earned paid sick time.
26      (a)   General rule.--An employee shall accrue a minimum of one
27   hour of earned paid sick time for every 30 hours worked,
28   beginning at the commencement of employment or on the date this
29   act goes into effect, whichever is later.
30      (b)   Exemption.--An employee who is exempt from overtime

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 1   requirements of section 5 of the Minimum Wage Act as an
 2   administrative, executive or professional employee shall be
 3   deemed to work 40 hours per workweek for purposes of this act
 4   unless the employee's normal workweek is less than 40 hours, in
 5   which case the employee shall accrue earned paid sick time based
 6   upon that normal workweek.
 7      (c)   Limit.--An employer may limit an employee's use of
 8   earned paid sick time to 80 hours in each year.
 9      (d)   Carry over.--
10            (1)   An employer shall carry over earned paid sick time
11      to the following year.
12            (2)   In lieu of carryover of unused earned paid sick time
13      from one year to the next under paragraph (1), an employer
14      may pay an employee for unused earned paid sick time at the
15      end of a year and provide the employee with an amount of paid
16      sick time that meets or exceeds the requirements of this act
17      that is available for the employee's immediate use at the
18      beginning of the subsequent year.
19      (e)   Distribution of leave.--An employer may:
20            (1)   Provide the full amount of earned paid sick time an
21      employee is expected to earn in the year to the employee at
22      the beginning of the year.
23            (2)   Lend earned paid sick time to an employee in advance
24      of accrual, documenting that loan.
25      (f)   Additional time not required.--
26            (1)   An employer is not required to provide additional
27      paid sick time if the employer provides a paid leave policy
28      or paid time off policy that makes an amount of leave
29      available that is sufficient to meet the accrual, carryover
30      and use requirements of this act.

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 1            (2)   The leave or time off provided under the employer's
 2      paid leave policy or paid time off policy may be used to
 3      satisfy the earned paid sick time requirements of this act.
 4            (3)   When used to satisfy the requirements of this act,
 5      the leave shall be used for the same purposes, under the same
 6      conditions, and with the same protections as earned paid sick
 7      time under this act.
 8   Section 5.     Use of earned paid sick time.
 9      (a)   Requirement.--An employer shall provide earned paid sick
10   time to an employee for:
11            (1)   The employee's:
12                  (i)    mental or physical illness, injury or health
13            condition;
14                  (ii)    need for medical diagnosis, care or treatment
15            of a mental or physical illness, injury or health
16            condition; or
17                  (iii)    need for preventive medical care.
18            (2)   Care of a family member:
19                  (i)    with a mental or physical illness, injury or
20            health condition;
21                  (ii)    who needs medical diagnosis, care or treatment
22            of a mental or physical illness, injury or health
23            condition;
24                  (iii)    who needs preventive medical care; or
25                  (iv)    where, in the case of a child, the employee
26            must attend a school meeting or a meeting at a place
27            where the child receives care necessitated by the child's
28            health condition or disability or emotional difficulties
29            caused by an act of abuse or sexual violence as defined
30            in paragraph (7).

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 1        (3)   Closure of the employee's place of business by order
 2    of a public official due to a public health emergency.
 3        (4)   The employee's need to care for a child whose school
 4    or place of care has been closed by order of a public
 5    official due to a public health emergency.
 6        (5)   The employee's need to care for oneself or a family
 7    member when it has been determined by a health authority
 8    having jurisdiction, a health care provider or the employer
 9    of the employee or employee's family member, that the
10    employee's or family member's presence in the community may
11    jeopardize the health of others because of the employee's or
12    family member's exposure to a communicable disease, whether
13    or not the employee or family member has actually contracted
14    the communicable disease.
15        (6)   The employee's inability to work or telework because
16    the employee is:
17              (i)    prohibited from working by the employer due to
18        health concerns related to the potential transmission of
19        a communicable illness related to the public health
20        emergency; or
21              (ii)   seeking or awaiting the results of a diagnostic
22        test for, or a medical diagnosis of, the communicable
23        illness related to a public emergency and the employee
24        has been exposed to the communicable illness or the
25        employee's employer has requested the test or diagnosis.
26        (7)   Absence necessary due to an act of abuse as defined
27    in 23 Pa.C.S. § 6102(a) (relating to definitions), sexual
28    violence as defined in 42 Pa.C.S. § 62A03 (relating to
29    definitions) or an act of domestic and other violence as
30    defined in 55 Pa. Code § 3042.3 (relating to definitions), if

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 1      the leave is for the purpose of allowing the employee to
 2      obtain for the employee or the employee's family member:
 3                  (i)    Diagnosis, treatment, care or other assistance
 4            for a physical, mental or emotional injury or other
 5            medical attention needed to recover from a physical or
 6            psychological injury or disability caused by abuse or
 7            sexual violence.
 8                  (ii)    Services from a victim services organization.
 9                  (iii)    Psychological or other counseling.
10                  (iv)    Relocation or taking steps to secure an
11            existing home due to the abuse or sexual violence.
12                  (v)    Legal services, including preparing for or
13            participating in a civil or criminal legal proceeding,
14            related to or resulting from the abuse or sexual
15            violence.
16      (b)   Request for time.--An employer shall provide, at the
17   request of an employee, earned paid sick time. The request may
18   be made orally, in writing, by electronic means or by any other
19   means acceptable to the employer. When possible, the request
20   shall include the expected duration of the absence.
21      (c)   Good faith effort by employee.--
22            (1)   If the use of earned paid sick time is foreseeable,
23      the employee shall make:
24                  (i)    a good faith effort to provide notice of the
25            need for time to the employer in advance of the use of
26            the earned paid sick time; and
27                  (ii)    a reasonable effort to schedule the use of
28            earned paid sick time in a manner that does not unduly
29            disrupt the operations of the employer.
30            (2)   If the use of earned paid sick time is not

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 1      foreseeable, the employee shall provide written or verbal
 2      notice of the need for the leave to the employer as soon as
 3      practicable.
 4      (d)    Policy.--An employer that requires specific notice of
 5   the use of earned paid sick time shall provide a written policy
 6   that contains procedures for the employee to provide notice. An
 7   employer that has not provided to the employee a copy of its
 8   written policy for providing specific notice may not deny earned
 9   paid sick time to the employee based on noncompliance with the
10   policy.
11      (e)    Coverage.--An employer may not require, as a condition
12   of an employee's taking earned paid sick time, that the employee
13   search for or find a replacement worker to cover the hours or
14   days during which the employee uses earned paid sick time.
15      (f)    Increments.--Earned paid sick time may be used in the
16   smaller of hourly increments or the smallest increment that the
17   employer's payroll system uses to account for absences or use of
18   other time.
19      (g)    Documentation.--
20             (1)   For earned paid sick time of three or more
21      consecutive work days, an employer may require reasonable
22      documentation that the earned paid sick time has been used
23      for a purpose covered by this subsection.
24             (2)   Documentation signed by a heath care professional
25      indicating that earned paid sick time is necessary shall be
26      considered reasonable documentation for purposes of this
27      section.
28             (3)   In a case of abuse or sexual violence any of the
29      following types of documentation shall be considered
30      reasonable documentation:

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 1                  (i)    A police report indicating that the employee or
 2            the employee's family member was a victim of abuse or
 3            sexual violence.
 4                  (ii)    A signed statement from a victim and witness
 5            advocate affirming that the employee or employee's family
 6            member is receiving services from a victim services
 7            organization.
 8                  (iii)    A court document indicating that the employee
 9            or employee's family member is involved in legal action
10            related to abuse or sexual violence.
11                  (iv)    An employer may not require that the
12            documentation explain the nature of the illness or the
13            details of the violence.
14      (h)   Cost of documentation.--
15            (1)   If an employer chooses to require documentation for
16      earned paid sick time and the employer does not offer health
17      insurance to an employee, the employer shall pay all out-of-
18      pocket expenses the employee incurs in obtaining the
19      documentation.
20            (2)   If an employee has health insurance, the employer
21      shall pay costs charged to the employee by the health care
22      provider for providing the specific documentation required by
23      the employer.
24            (3)   An employer shall pay costs charged to an employee
25      for documentation of abuse or sexual violence required by the
26      employer.
27   Section 6.     Payment of earned sick time.
28      (a)   Calculation.--
29            (1)   Earned paid sick time may not be compensated at an
30      hourly amount less than that provided under 29 U.S.C. §

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 1      206(a)(1) (relating to minimum wage), The Minimum Wage Act or
 2      a higher amount if a higher amount is enacted for employees
 3      in this Commonwealth, whichever is greater.
 4            (2)   If an employee, in the 90 days of employment before
 5      using accrued sick leave, had different hourly pay rates, was
 6      paid by commission or piece rate or was a nonexempt salaried
 7      employee, the rate of pay shall be calculated by dividing the
 8      employee's total wages, not including overtime premium pay,
 9      by the total number of hours worked in the full pay periods
10      of the prior 90 days of employment.
11      (b)   Payment.--An employer shall provide payment for earned
12   paid sick time used by an employee no later than the payday for
13   the next regular payroll period after the earned paid sick time
14   was used.
15      (c)   Reimbursement.--Nothing in this section shall be
16   construed as requiring financial or other reimbursement to an
17   employee from an employer upon the employee's termination,
18   resignation, retirement or other separation from employment for
19   accrued earned paid sick time that has not been used unless
20   otherwise required by law or collective bargaining agreement.
21      (d)   Transfer.--If an employee is transferred to a separate
22   division, entity or location, but remains employed by the same
23   employer, the employee is entitled to:
24            (1)   all earned paid sick time accrued at the prior
25      division, entity or location; and
26            (2)   use all earned paid sick time as provided in this
27      section.
28      (e)   Separation.--
29            (1)   If there is a separation from employment and the
30      employee is rehired within 12 months of separation by the

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 1      same employer, the employer shall reinstate previously
 2      accrued earned paid sick time that had not been used.
 3            (2)   The employee shall be entitled to use accrued earned
 4      paid sick time and accrue additional earned paid sick time at
 5      the recommencement of employment.
 6      (f)   Succession or takeover.--If a different employer
 7   succeeds or takes the place of an existing employer, all
 8   employees of the original employer who remain employed by the
 9   successor employer are entitled to:
10            (1)   all earned paid sick time accrued when employed by
11      the original employer; and
12            (2)   use earned paid sick time previously accrued.
13   Section 7.     Notice and posting.
14      (a)   Duty of employer.--
15            (1)   An employer shall give an employee written notice of
16      the following at the commencement of employment:
17                  (i)    Entitlement to earned paid sick time and the
18            amount of earned paid sick time.
19                  (ii)    The terms of use of earned paid sick time
20            guaranteed under this act.
21                  (iii)    Retaliatory personnel action against an
22            employee who requests or uses earned paid sick time is
23            prohibited by law.
24                  (iv)    The right to file a complaint or bring a civil
25            action if earned paid sick time as required by this act
26            is denied by the employer or the employee is subjected to
27            retaliatory personnel action for requesting or taking
28            earned paid sick time.
29                  (v)    The contact information for the department where
30            questions about rights and responsibilities under this

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 1            act can be answered.
 2            (2)   The department may impose penalties on an employer
 3      that fails to provide notice in accordance with this
 4      subsection.
 5      (b)   Display.--An employer shall display a poster, developed
 6   by the department, in a conspicuous place within each workplace
 7   of the employer, that states all of the following:
 8            (1)   An employee is entitled to accrue, request and use
 9      earned paid sick time provided under this act.
10            (2)   The amount of earned paid sick time provided under
11      this act.
12            (3)   The terms of use of earned paid sick time.
13            (4)   Retaliatory personnel actions or discrimination
14      against an employee who requests earned paid sick time or
15      uses earned paid sick time, or both, is prohibited and that
16      an employee has the right under law to file a complaint with
17      the department against an employer that retaliates or
18      discriminates against the employee.
19      (c)   Information on paycheck.--The amount of earned paid sick
20   time available to an employee, the amount of earned paid sick
21   time taken by an employee to date in the year and the amount of
22   pay an employee has received as earned paid sick time, shall be
23   recorded in, or on an attachment to, the employee's regular
24   paycheck.
25   Section 8.     Employer records.
26      (a)   Duty of employer.--An employer shall retain records
27   documenting hours worked by an employee and earned paid sick
28   time taken by an employee for a period of three years, and shall
29   allow the department access to the records, with appropriate
30   notice and at a mutually agreeable time, to monitor compliance

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 1   with the requirements of this act.
 2      (b)   Presumption.--If an issue arises as to an employee's
 3   entitlement to earned paid sick time under this section and the
 4   employer has not maintained or retained adequate records
 5   documenting hours worked by the employee and earned paid sick
 6   time taken by the employee, or does not allow the department
 7   reasonable access to the records, it shall be presumed that the
 8   employer has violated this act, absent clear and convincing
 9   evidence otherwise.
10   Section 9.     Regulations.
11      The department may issue guidelines and promulgate
12   regulations to administer and enforce this act.
13   Section 10.     Confidentiality and nondisclosure.
14      (a)   Prohibition.--An employer may not require disclosure of
15   details relating to abuse or sexual violence or the details of
16   an employee's or an employee's family member's health
17   information as a condition of providing earned paid sick time
18   under this act.
19      (b)   Duty of employer.--If an employer possesses health
20   information or information pertaining to abuse or sexual
21   violence about an employee or employee's family member, the
22   employer shall treat the information as confidential and may not
23   disclose the information, except to the affected employee or
24   with the permission of the affected employee.
25   Section 11.     Other legal requirements.
26      This act provides minimum requirements pertaining to earned
27   paid sick time and shall not be construed to preempt, limit or
28   otherwise affect the applicability of any other law, regulation,
29   requirement, policy or standard that:
30            (1)   provides greater accrual or use by an employee of

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 1      earned paid sick time; or
 2          (2)    extends other protections to an employee.
 3   Section 12.    Exercise of rights protected and retaliation
 4                 prohibited.
 5      The following apply to the exercise of rights:
 6          (1)    An employer or other person may not interfere with,
 7      restrain or deny the exercise of or the attempt to exercise a
 8      right protected under this act.
 9          (2)    An employer may not take retaliatory personnel
10      action or discriminate against an employee or former employee
11      because the individual has exercised a right protected under
12      this act, including:
13                 (i)    The right to request or use earned paid sick
14          time as provided under this act.
15                 (ii)    The right to file a complaint with the
16          department or court or inform an individual about an
17          employer's alleged violation of this act.
18                 (iii)    The right to participate in an investigation,
19          hearing or proceeding or cooperate with or assist the
20          department in the department's investigation of an
21          alleged violation of this act.
22                 (iv)    The right to inform an individual of the
23          individual's rights under this act.
24          (3)    An employer may not establish or enforce an absence
25      control policy to count earned paid sick time taken under
26      this act as an absence that leads to or results in
27      discipline, discharge, demotion, suspension or other adverse
28      action against an employee.
29          (4)    This section shall apply to an individual who, in
30      good faith, alleges a violation of this act.

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 1            (5)   There shall be a rebuttable presumption of unlawful
 2      retaliatory personnel action under this section if an
 3      employer takes adverse action against an individual within 90
 4      days of when the individual:
 5                  (i)    files a complaint with the department or a court
 6            alleging a violation of this act;
 7                  (ii)    informs a person about the employer's alleged
 8            violation of this act;
 9                  (iii)    cooperates with the department or a person in
10            the investigation or prosecution of an alleged violation
11            of this act;
12                  (iv)    opposes a policy, practice or act that is
13            unlawful under this act; or
14                  (v)    informs another individual of the other
15            individual's rights under this act.
16   Section 13.     Complaint procedure.
17      An employee may file on a form prescribed by the department a
18   complaint against the employer for an alleged violation of this
19   act. The department shall establish a process by regulation for
20   investigating and resolving a complaint.
21   Section 14.     Enforcement.
22      (a)   Violation.--An employer who willfully violates the
23   notice and posting provisions of section 7 shall be subject to a
24   penalty, not to exceed $250 for each offense, to be imposed by
25   the department.
26      (b)   Department order.--The department may order an employer
27   who is found to be in violation of this act to do any of the
28   following with respect to an employee:
29            (1)   Reinstate the employee with back pay.
30            (2)   Pay the employee the amount of sick leave unlawfully

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 1      withheld.
 2            (3)   Pay the employee an additional sum in the form of an
 3      administrative penalty as follows:
 4                  (i)    If earned paid sick time was unlawfully
 5            withheld, the administrative penalty shall be an amount
 6            equal to the dollar amount of earned paid sick time
 7            unlawfully withheld multiplied by three, or $250,
 8            whichever is greater, not to exceed $5,000.
 9                  (ii)    If the violation of this act resulted in
10            additional harm to the employee, such as discharge from
11            employment, or otherwise results in a violation of the
12            rights of the employee, the administrative penalty shall
13            include an additional sum of $500 for each day or portion
14            of a day that the violation occurred or continued, not to
15            exceed $10,000.
16      (c)   Civil action.--The secretary, the Attorney General or an
17   employee may bring a civil action in a court of competent
18   jurisdiction against the employer or a person violating this act
19   and, upon prevailing and except as provided under subsection (d)
20   or (e), shall be entitled to collect legal or equitable relief
21   on behalf of the aggrieved as may be appropriate to remedy the
22   violation, including:
23            (1)   Reinstatement of the employee with back pay.
24            (2)   Payment of earned paid sick time unlawfully
25      withheld.
26            (3)   The payment of:
27                  (i)    An additional sum, not to exceed an aggregate
28            penalty of $5,000, as liquidated damages in the amount of
29            $50 to each employee or individual whose rights under
30            this act were violated for each day or portion of a day

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 1            that the violation occurred or continued.
 2                  (ii)   If the employer unlawfully withheld earned paid
 3            sick time to the employee, the dollar amount of paid sick
 4            days withheld from the employee multiplied by three or
 5            $250, whichever amount is greater.
 6            (4)   Injunctive relief.
 7            (5)   Reasonable attorney fees and costs.
 8      (d)   Limitation on damages.--The secretary, the Attorney
 9   General or an employee enforcing this act on behalf of the
10   public shall, upon prevailing, be entitled only to equitable,
11   injunctive or restitutionary relief and reasonable attorney fees
12   and costs.
13      (e)   Error.--
14            (1)   An employer may not be assessed a penalty or
15      liquidated damages under this section due to an isolated and
16      unintentional payroll error or written notice error that is a
17      clerical or an inadvertent mistake regarding the accrual or
18      available use of earned paid sick time.
19            (2)   In a review under this subsection, consideration may
20      be given to whether the employer, prior to an alleged
21      violation, has adopted and is in compliance with a set of
22      policies, procedures and practices that fully comply with
23      this act.
24      (f)   Interest.--In an administrative or civil action brought
25   under this section, the secretary or a court shall award
26   interest on each amount due and unpaid calculated in accordance
27   with law.
28      (g)   Penalties cumulative.--The remedies, penalties and
29   procedures provided under this section shall be cumulative.
30      (h)   Applicability.--This section shall only apply within two

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 1   years from the date that an employee became aware of an alleged
 2   violation of this act.
 3   Section 15.    Construction.
 4      This act:
 5          (1)     May not be construed to invalidate an ordinance or
 6      other mandate enacted by a municipality prior to the
 7      effective date of this paragraph that requires employers
 8      within the municipality to provide paid sick leave benefits
 9      more generous than those contained under this act.
10          (2)     May not be construed to prohibit a municipality from
11      enacting an ordinance or mandate that requires employers
12      within the municipality to provide paid sick leave benefits
13      more generous than those contained under this act.
14          (3)     May not be construed to discourage or prohibit an
15      employer from the adoption or retention of an earned paid
16      sick time policy more generous than that contained in this
17      act or an ordinance adopted by a municipality under paragraph
18      (1) or (2).
19          (4)     May not preempt or otherwise apply to an ordinance
20      or mandate enacted by a municipality affecting vacation,
21      public health emergency leave or other form of leave offered
22      by an employer within the municipality.
23          (5)     May not be construed to mandate a municipality to
24      adopt an ordinance applicable to an employer within the
25      municipality relating to compensation, vacation or other
26      forms of leave from employment.
27          (6)     May not limit or affect any Federal, State or local
28      law guaranteeing privacy of health information or information
29      related to domestic violence or sexual assault regarding an
30      employee or employee's family member.

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 1        (7)    May not relieve or lessen the obligation of an
 2    employer to comply with a contract, collective bargaining
 3    agreement, employment benefit plan or other agreement in
 4    effect on the effective date of this paragraph that provides
 5    more paid sick leave to an employee than that required by
 6    this act or an ordinance adopted by a municipality under
 7    paragraph (1) or (2).
 8        (8)    May not be construed to remove the contents of this
 9    act from the scope of collective bargaining under:
10               (i)    the act of June 1, 1937 (P.L.1168, No.294),
11        known as the Pennsylvania Labor Relations Act;
12               (ii)    the act of March 10, 1949 (P.L.30, No.14),
13        known as the Public School Code of 1949;
14               (iii)    the act of June 24, 1968 (P.L.237, No.111),
15        referred to as the Policemen and Firemen Collective
16        Bargaining Act; or
17               (iv)    the act of July 23, 1970 (P.L.563, No.195),
18        known as the Public Employe Relations Act.
19        (9)    May not preempt, limit or affect the applicability
20    of any other law, regulation, requirement, policy or standard
21    providing for equal or greater accrual or use of paid or
22    unpaid earned sick time or that extends other protections to
23    an employee.
24        (10)    May not supersede or preempt the rights, remedies
25    and procedures afforded to school employees or labor
26    organizations under Federal or State law, including the
27    Public Employe Relations Act.
28        (11)    Shall be in addition to and independent of any
29    other right, remedy or procedure available under any other
30    law and shall not be construed to diminish, alter or negate

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 1      any other legal right, remedy or procedure available to an
 2      aggrieved individual.
 3   Section 16.   Public education and outreach.
 4      The department shall develop and implement a multilingual
 5   outreach program to inform employees, parents and individuals
 6   who are under the care of a health care provider about the
 7   availability of earned paid sick time under this act. The
 8   department shall distribute notices and other written materials
 9   about the program in English and any language that is the first
10   language spoken by at least 5% of this Commonwealth's population
11   to all child-care and elder-care providers, domestic violence
12   shelters, schools, hospitals, community health centers and other
13   health care providers.
14   Section 17.   Effective date.
15      This act shall take effect in 180 days.




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