SB 13 — An Act providing for mandatory Statewide employer-paid sick leave for employees and for civil penalties and remedies.

PRINTER'S NO.   846

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 13
                                                Session of
                                                  2025

     INTRODUCED BY HUGHES, MUTH, SAVAL, SCHWANK, STREET, KEARNEY,
        COMITTA, FONTANA, KANE, HAYWOOD, COSTA, TARTAGLIONE, COLLETT
        AND L. WILLIAMS, MAY 28, 2025

     REFERRED TO LABOR AND INDUSTRY, MAY 28, 2025


                                     AN ACT
 1   Providing for mandatory Statewide employer-paid sick leave for
 2      employees and for civil penalties and remedies.
 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 Healthy
 7   Employee and Healthy Workplace Act.
 8   Section 2.   Scope of act.
 9      This act relates to promoting healthy families and workplaces
10   by establishing a mandatory employer-paid sick leave policy in
11   this Commonwealth.
12   Section 3.   Definitions.
13      The following words and phrases when used in this act shall
14   have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      "Department."     The Department of Labor and Industry of the
17   Commonwealth.
 1      "Employee."   As the term "employe" is defined in section 3 of
 2   the Minimum Wage Act. The term does not include an employee
 3   covered by a collective bargaining agreement if the agreement
 4   expressly provides for:
 5          (1)   The wages, hours of work and working conditions of
 6      employees.
 7          (2)   Paid sick leave or a paid leave or paid time off
 8      policy that permits the use of sick leave for employees.
 9          (3)   Final and binding arbitration of disputes concerning
10      the application of the paid sick leave provisions of the
11      collective bargaining agreement.
12      "Employer."   As defined in section 3 of the Minimum Wage Act.
13      "Family member."   Any of the following:
14          (1)   A child, stepchild or legal ward or a child to whom
15      an employee stands in loco parentis, notwithstanding the age
16      or dependency status of the child.
17          (2)   A biological, adoptive or foster parent, stepparent
18      or legal guardian of an employee or the employee's spouse or
19      a person who stood in loco parentis when the employee was a
20      minor.
21          (3)   A spouse or domestic partner.
22          (4)   A grandparent.
23          (5)   A grandchild.
24          (6)   A sibling.
25      "Minimum Wage Act."    The act of January 17, 1968 (P.L.11,
26   No.5), known as The Minimum Wage Act of 1968.
27      "Municipality."    A city, borough, incorporated town or
28   township. The term includes a municipality operating under 53
29   Pa.C.S. Pt. III Subpt. E (relating to home rule and optional
30   plan government).

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 1      "Paid sick leave."     Time that is compensated at the rate
 2   provided under section 5 and is provided by an employer to an
 3   employee under this act.
 4      "Secretary."     The Secretary of Labor and Industry of the
 5   Commonwealth.
 6   Section 4.     Paid sick leave.
 7      (a)   Requirement.--An employer shall provide paid sick leave
 8   to an employee for, at a minimum, the following purposes:
 9            (1)   Diagnosis, care or treatment of an existing health
10      condition of, or preventive care for, the employee or
11      employee's family member.
12            (2)   Diagnosis, treatment, care, counseling or other
13      assistance for a physical, mental or emotional injury
14      suffered by the employee or the employee's family member due
15      to an act of abuse as defined in 23 Pa.C.S. § 6102(a)
16      (relating to definitions) or sexual violence as defined in 42
17      Pa.C.S. § 62A03 (relating to definitions).
18            (3)   A public health or public safety emergency involving
19      the employee or the employee's family member.
20      (b)   Availability.--An employer shall provide paid sick leave
21   to an employee beginning on the day after the date the employee
22   has worked for the employer for at least 30 days within a year
23   from the commencement of employment.
24      (c)   Accrual and use.--
25            (1)   Paid sick leave shall accrue to an employee at the
26      rate of one hour per every 30 hours worked, beginning at the
27      commencement of employment. An employee who is exempt from
28      overtime requirements of section 5 of the Minimum Wage Act as
29      an administrative, executive or professional employee shall
30      be deemed to work 40 hours per workweek for the purposes of

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 1    this act, unless the employee's normal workweek is less than
 2    40 hours, in which case the employee shall accrue paid sick
 3    leave based upon the normal workweek.
 4        (2)   An employer may limit an employee's use of paid sick
 5    leave to 56 hours or seven days in each year of employment.
 6        (3)   Unless otherwise approved by the employer, an
 7    employee may not use accrued paid sick leave prior to 91 days
 8    of employment, after which day the employee may use paid sick
 9    leave as the paid sick leave is accrued.
10        (4)   Accrued paid sick leave shall carry over to the
11    following year of employment, except that an employer may
12    limit an employee's total accrual of paid sick leave to 80
13    hours or 10 days annually.
14        (5)   An employer may, at the employer's discretion:
15              (i)    Provide the full amount of paid sick leave to
16        the employee at the beginning of each year.
17              (ii)    Lend paid sick leave to an employee in advance
18        of accrual with proper documentation.
19        (6)   An employee may determine the amount of paid sick
20    leave the employee needs to use, except that an employer may
21    set a reasonable minimum increment, not to exceed two hours,
22    for the use of paid sick leave.
23        (7)   An employee must provide reasonable advance written
24    or verbal notification to the employer if the need to use
25    paid sick leave is foreseeable. If the need to use paid sick
26    leave is unforeseeable, the employee must provide written or
27    verbal notice of the need for the leave to the employer as
28    soon as practicable.
29        (8)   An employer may not require, as a condition of using
30    paid sick leave, an employee to search for or find a

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 1      replacement worker to cover the hours or days during which
 2      the employee uses paid sick leave.
 3            (9)   An employer may require an employee to provide
 4      documentation from the individual providing treatment or care
 5      under subsection (a) if the employee is absent for three or
 6      more consecutive days.
 7      (d)   Exemption.--An employer shall not be required to provide
 8   additional paid sick leave under this act if the following
 9   conditions are met:
10            (1)   On the effective date of this section the employer
11      has a paid leave policy or paid time off policy.
12            (2)   The employer makes available an amount of leave that
13      may be used for the same purposes and under the same
14      conditions as specified in this section.
15            (3)   The policy does either of the following:
16                  (i)    Satisfies the accrual, carryover and use
17            requirements of this section.
18                  (ii)    At the beginning of each calendar year,
19            provides an employee with no less than 56 hours or seven
20            days of paid sick leave, or equivalent paid leave or paid
21            time off. An employer may prorate the amount of paid sick
22            leave or equivalent paid leave or paid time off provided
23            to an employee in the employee's first year of employment
24            based on the employee's date of hire.
25      (e)   Notice.--
26            (1)   An employer shall provide an employee with written
27      notice stating the amount of paid sick leave available or
28      paid time off leave that the employer provides in lieu of
29      sick leave in the manner prescribed under this act. The
30      department may impose penalties on the employer for failure

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 1      to provide notice in accordance with this subsection.
 2            (2)    An employer shall display a poster, developed by the
 3      department, in a conspicuous place within each workplace of
 4      the employer, that states all of the following:
 5                   (i)    That an employee is entitled to accrue, request
 6            and use paid sick leave.
 7                   (ii)    The amount of sick leave provided for by this
 8            act.
 9                   (iii)   The terms of use of paid sick leave.
10                   (iv)    That retaliation or discrimination against an
11            employee who requests paid sick leave or uses paid sick
12            leave, or both, is prohibited, and that an employee has
13            the right under law to file a complaint with the
14            department against an employer who retaliates or
15            discriminates against the employee.
16   Section 5.      Rate of pay.
17      The rate of pay for paid sick leave shall be the greater of
18   the minimum wage as provided in section 4 of the Minimum Wage
19   Act or the employee's hourly wage. If the employee in the 90
20   days of employment before using accrued sick leave had different
21   hourly pay rates, was paid by commission or piece rate or was a
22   nonexempt salaried employee, the rate of pay shall be calculated
23   by dividing the employee's total wages, not including overtime
24   premium pay, by the employee's total hours worked in the full
25   pay periods of the prior 90 days of employment.
26   Section 6.      Payment of sick leave.
27      (a)   Time.--An employer shall provide payment for sick leave
28   used by an employee no later than the payday for the next
29   regular payroll period after the sick leave was used.
30      (b)   Compensation.--An employer is not required to provide

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 1   compensation to an employee for accrued, unused paid sick leave
 2   upon termination, resignation, retirement or other separation
 3   from employment, except that, if an employee separates from an
 4   employer and is rehired by the employer within one year from the
 5   date of separation, previously accrued and unused paid sick
 6   leave must be reinstated. The employee may use previously
 7   accrued and unused paid sick leave and shall accrue additional
 8   paid sick leave upon being rehired.
 9   Section 7.   Prohibitions.
10      An employer may not:
11          (1)   Deny an employee the right to use accrued sick
12      leave.
13          (2)   Discharge, threaten to discharge, demote, suspend,
14      reduce the wages of or in any manner discriminate against an
15      employee for doing any of the following:
16                (i)    Using accrued sick leave or attempting to
17          exercise the right to use accrued sick leave.
18                (ii)    Filing a complaint or alleging a violation of
19          this act.
20                (iii)    Cooperating in an investigation or prosecution
21          of an alleged violation of this act.
22                (iv)    Opposing a policy or practice that is
23          prohibited under this act.
24   Section 8.   Complaint procedure.
25      An employee may file with the department a complaint against
26   an employer for an alleged violation of this act. The department
27   shall establish a process for investigating and resolving a
28   complaint.
29   Section 9.   Employer penalties.
30      An employer who willfully violates the posting provisions of

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 1   section 4(e)(2) shall be subject to a penalty, not to exceed
 2   $250 for each offense, to be imposed by the department.
 3   Section 10.     Remedies.
 4      (a)    Department.--The department may order an employer who is
 5   found to be in violation of this act to do all of the following:
 6             (1)   Reinstate the employee with or without back pay.
 7             (2)   Pay the employee the amount of sick leave unlawfully
 8      withheld.
 9             (3)   Pay the employee an additional sum in the form of an
10      administrative penalty. If paid sick leave was unlawfully
11      withheld, the administrative penalty shall be an amount equal
12      to the dollar amount of paid sick leave unlawfully withheld
13      multiplied by three, or $250, whichever is greater, not to
14      exceed $5,000. If the violation of this act resulted in
15      additional harm to an employee, such as discharge from
16      employment, or otherwise results in a violation of the rights
17      of the employee, the administrative penalty shall include an
18      additional sum of $500 for each day or portion of a day that
19      the violation occurred or continued, not to exceed $10,000.
20             (4)   Comply with any other additional relief that the
21      department deems appropriate.
22      (b)    Civil action.--The secretary, the Attorney General or
23   the employee may bring a civil action in a court of competent
24   jurisdiction against an employer or other person violating this
25   act and, upon prevailing and except as provided under subsection
26   (c) or (d), shall be entitled to collect legal or equitable
27   relief on behalf of the aggrieved as may be appropriate to
28   remedy the violation, including:
29             (1)   Reinstatement of the employee, with or without back
30      pay.

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 1            (2)   Payment of sick leave unlawfully withheld.
 2            (3)   The payment of an additional sum, not to exceed an
 3      aggregate penalty of $5,000, as liquidated damages in the
 4      amount of $50 to each employee or person whose rights under
 5      this act were violated for each day or portion of a day that
 6      the violation occurred or continued. In addition, if the
 7      employer has unlawfully withheld paid sick days to an
 8      employee, the employer shall pay the dollar amount of paid
 9      sick days withheld from the employee multiplied by three or
10      $250, whichever amount is greater.
11            (4)   Injunctive relief.
12            (5)   Reasonable attorney fees and costs.
13      (c)   Limitation on damages.--The secretary, the Attorney
14   General or an employee enforcing this act on behalf of the
15   public as provided for under law shall, upon prevailing, be
16   entitled only to equitable, injunctive or restitutionary relief
17   and reasonable attorney fees and costs.
18      (d)   Error.--
19            (1)   An employer may not be assessed a penalty or
20      liquidated damages under this section due to an isolated and
21      unintentional payroll error or written notice error that is a
22      clerical or an inadvertent mistake regarding the accrual or
23      available use of paid sick leave.
24            (2)   In determining whether to assess a penalty or
25      liquidated damages under this subsection, consideration may
26      be given to whether the employer, prior to an alleged
27      violation, has adopted and is in compliance with a set of
28      policies, procedures and practices that fully comply with
29      this act.
30      (e)   Interest.--In an administrative or civil action brought

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 1   under this section, the secretary or a court shall award
 2   interest on each amount due and unpaid calculated in accordance
 3   with law.
 4      (f)    Penalties cumulative.--The remedies, penalties and
 5   procedures provided under this section shall be cumulative.
 6   Section 11.     Construction.
 7      This act:
 8             (1)   May not be construed to invalidate an ordinance or
 9      other mandate enacted by a municipality prior to the
10      effective date of this section that requires employers within
11      the municipality to provide paid sick leave benefits more
12      generous than those contained under this act.
13             (2)   May not be construed to prohibit a municipality from
14      enacting an ordinance or mandate that requires employers
15      within the municipality to provide paid sick leave benefits
16      more generous than those contained under this act.
17             (3)   May not be construed to discourage or prohibit an
18      employer from the adoption or retention of a paid sick leave
19      policy more generous than that contained in this act or any
20      ordinance adopted by a municipality under paragraph (1) or
21      (2).
22             (4)   May not be construed preempt or otherwise apply to
23      an ordinance or mandate enacted by a municipality affecting
24      vacation or other forms of leave offered by employers within
25      the municipality.
26             (5)   May not be construed to mandate a municipality to
27      adopt an ordinance applicable to employers within the
28      municipality relating to compensation, vacation or other
29      forms of leave from employment.
30             (6)   May not be construed to limit or affect any Federal,

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 1    State or local law guaranteeing privacy of health information
 2    or information related to domestic violence or sexual
 3    assault, regarding an employee or employee's family member.
 4    The information shall be treated as confidential and may not
 5    be disclosed to a person except the affected employee or as
 6    required by law.
 7           (7)    May not be construed to relieve or lessen the
 8    obligation of an employer to comply with an existing
 9    contract, collective bargaining agreement, employment benefit
10    plan or other agreement providing more generous paid sick
11    leave to an employee than that required by this act or an
12    ordinance adopted by a municipality under paragraph (1) or
13    (2).
14           (8)    May not be construed to remove the contents of this
15    act from the scope of collective bargaining under the act of
16    June 1, 1937 (P.L.1168, No.294), known as the Pennsylvania
17    Labor Relations Act, the act of March 10, 1949 (P.L.30,
18    No.14), known as the Public School Code of 1949, or the act
19    of July 23, 1970 (P.L.563, No.195), known as the Public
20    Employe Relations Act.
21           (9)    May not be construed to preempt, limit or affect the
22    applicability of any other law, regulation, requirement,
23    policy or standard that provides for greater accrual or use
24    of paid or unpaid sick leave or that extends other
25    protections to an employee.
26           (10)   Shall be in addition to and independent of any
27    other right, remedy or procedure available under any other
28    law and may not be construed to diminish, alter or negate any
29    other legal right, remedy or procedure available to an
30    aggrieved person.

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1   Section 12.   Effective date.
2      This act shall take effect immediately.




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