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Bill that would require paid sick leave proposed

Submitted Photo Rep. Jennifer O’Mara speaks during a news conference supporting the PA Fertility Act. O’Mara recently proposed legislation that would require employers to provide paid sick leave to employees.

Legislation to require paid sick leave has been introduced in the state House of Representatives.

Rep. Jennifer O’Mara, D-Delaware, has introduced the Healthy Families Healthy Workplaces Act (House Bill 2439). Included in the bill is a requirement that every employer in the state provide paid sick leave to employees for at least the following purposes:

¯ diagnosis, care or treatment of an existing health condition or preventative care for an employee or an employee’s family member;

¯ diagnosis, treatment, care, counseling or other assistance for a physical, mental or emotional injury suffered by the employee or the employee’s family member due to an act of abuse; and

¯ a public health or public safety emergency involving the employee or the employee’s family member.

“No one should have to choose between our health, our family’s health, and our job,” O’Mara wrote in her legislative memorandum. “Unfortunately, many of our family, friends, and neighbors without access to paid sick leave face that impossible decision every day.

The majority of Pennsylvanians are either ineligible for sick leave or cannot afford to take unpaid leave under the Family and Medical Leave Act.”

O’Mara’s legislation isn’t the first time paid sick leave has been proposed.

Last October, Gov. Tom Wolf directed state officials to verify a business receiving an offer of assistance provides its workers paid sick leave and pays no less than the minimum wage for state employees before making a financial incentive offer. Wolf also pushed the state Legislature to pass S.B. 13, sponsored by Sen. Vince Hughes, and H.B. 1035, sponsored by Rep. Mike Zabel, that would provide paid sick leave to workers in Pennsylvania. An estimated 400,000 Pennsylvania workers lack paid sick leave.

State Rep. Tim Briggs, D-Mongtomery, also introduced legislation (HB 788) that would support working families by creating a Paid Family Leave Act in Pennsylvania. House Bill 788 would require employers with at least four employees to provide 12 weeks of paid leave to eligible employees, according to the eligibility requirements under the federal Family and Medical Leave Act.

O’Mara’s plan has some differences in how the time is accrued and distributed. She proposes giving employees one paid sick leave hour for every 30 hours worked starting from the time an employee accepts a job. Employers could limit use of paid sick time to 56 hours or seven days in each year of employment and employers would be allowed to limit paid sick leave use until the 91st day of employment. Accrued paid sick leave would carry over from year to year, with employers allowed to limit total paid sick leave to 80 hours or 10 days a year. Employers would not be allowed to require employees to find an replacement worker in order to use paid sick time.

Employees would be required to provide reasonable notice to use paid sick leave or provide a written or verbal notice for the leave as soon as possible.

“The Healthy Employee and Healthy Workplace Act will help Pennsylvania’s families by requiring employers to provide paid sick leave to their employees,” O’Mara wrote. “Workers would be able to use paid sick leave to seek treatment for an illness or a family member’s illness, in addition to treatment related to domestic violence or sexual assault. Paid sick leave is not only a humane policy but also an effective public health measure. Sick workers spread illnesses to coworkers and customers, sapping the productivity of Pennsylvania’s businesses. ”

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