SB 342 — An Act providing for family and medical leave for eligible employees.

PRINTER'S NO.   279

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 342
                                                Session of
                                                  2025

     INTRODUCED BY TARTAGLIONE, KANE, BARTOLOTTA, STREET, COLLETT,
        SAVAL, FONTANA, KEARNEY, SCHWANK, COMITTA, HUGHES, HAYWOOD,
        COSTA AND FARRY, FEBRUARY 26, 2025

     REFERRED TO LABOR AND INDUSTRY, FEBRUARY 26, 2025


                                     AN ACT
 1   Providing for family and medical leave for eligible employees.
 2      The General Assembly of the Commonwealth of Pennsylvania
 3   hereby enacts as follows:
 4   Section 1.   Short title.
 5      This act shall be known and may be cited as the Pennsylvania
 6   Family and Medical Leave Act.
 7   Section 2.   Definitions.
 8      The following words and phrases when used in this act shall
 9   have the meanings given to them in this section unless the
10   context clearly indicates otherwise:
11      "Department."    The Department of Labor and Industry of the
12   Commonwealth.
13      "Eligible employee."     As defined in 29 U.S.C. § 2611
14   (relating to definitions).
15      "Employer."    An employer in this Commonwealth that is subject
16   to 29 U.S.C. Ch. 28 (relating to family and medical leave).
17      "Grandchild."    A biological or adoptive grandson or
 1   granddaughter or stepgrandson or stepgranddaughter.
 2      "Grandparent."     A biological or adoptive grandfather or
 3   grandmother or stepgrandfather or stepgrandmother.
 4      "Sibling."     A biological or adoptive brother or sister or
 5   stepbrother or stepsister.
 6   Section 3.     Eligibility.
 7      (a)   Leave.--An employer shall provide up to six weeks of the
 8   same unpaid leave to an eligible employee to which the eligible
 9   employee is entitled under 29 U.S.C. Ch. 28 (relating to family
10   and medical leave) to care for a spouse, son, daughter or
11   parent, but only to care for the eligible employee's sibling,
12   grandparent or grandchild, if the sibling, grandparent or
13   grandchild:
14            (1)   does not have a living spouse, child over 17 years
15      of age or parent under 65 years of age; and
16            (2)   has a certified terminal illness.
17      (b)   Protections.--An eligible employee who takes leave
18   provided under subsection (a) is entitled to the same
19   protections and rights that an eligible employee is entitled to
20   under 29 U.S.C. Ch. 28.
21      (c)   Amount of leave.--
22            (1)   The amount of leave taken by an eligible employee
23      under this section shall not exceed six weeks during a 12-
24      month period. The 12-month period shall be determined in the
25      same manner that the employer determines the 12-month period
26      for leave under 29 U.S.C. Ch. 28.
27            (2)   Leave must be taken in a minimum of one-week
28      increments.
29            (3)   Leave taken by an eligible employee under 29 U.S.C.
30      Ch. 28 shall reduce an employee's leave entitlement in any

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 1      applicable 12-month period under this section, provided that
 2      leave taken by an employee in accordance with this section
 3      shall not reduce the employee's leave entitlement under 29
 4      U.S.C. Ch. 28.
 5      (d)   Employee notice of leave.--An employee shall provide
 6   written or verbal notice of the need to take leave under this
 7   section to the employer as soon as practicable.
 8      (e)   Medical certification.--
 9            (1)   An employer may require certification from a
10      physician to verify terminal illness of an employee providing
11      notice of the need to take leave under this section.
12            (2)   The department shall develop a form that may be used
13      to provide medical certification under this subsection.
14      (f)   Employer posting.--An employer shall post and maintain
15   in a conspicuous place a printed abstract, developed by the
16   department, of the provisions of this act.
17   Section 4.     Complaints.
18      An employee may file a complaint with the department on a
19   form prescribed by the department if the employee:
20            (1)   is denied leave;
21            (2)   believes that the employee is entitled to that
22      leave; and
23            (3)   believes that the employer has violated section
24      3(b).
25   Section 5.     Administration.
26      The department shall have the following powers and duties:
27            (1)   Provide the abstract for employer posting under
28      section 3(f) on the department's publicly accessible Internet
29      website.
30            (2)   Provide the medical certification form under section

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 1      3(e)(2) on the department's publicly accessible Internet
 2      website.
 3          (3)     Provide the employee complaint form on the
 4      department's publicly accessible Internet website.
 5          (4)     Develop procedures to investigate and resolve
 6      complaints.
 7          (5)     Promulgate regulations as necessary to administer
 8      this act.
 9   Section 6.    Funding.
10      The department shall not be required to enforce this act
11   until adequate funding is appropriated. The Secretary of Labor
12   and Industry shall determine if adequate funding is
13   appropriated. Upon the appropriation of adequate funding, the
14   Secretary of Labor and Industry shall transmit notice to the
15   Legislative Reference Bureau for publication in the next
16   available issue of the Pennsylvania Bulletin.
17   Section 7.    Effective date.
18      This act shall take effect in 60 days.




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