HB 689 — An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in administrative organization, further providing for work-hours and leaves.

PRINTER'S NO.   705

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 689
                                               Session of
                                                 2025

     INTRODUCED BY ZIMMERMAN, STEHR AND BANTA, FEBRUARY 21, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 21, 2025


                                    AN ACT
 1   Amending the act of April 9, 1929 (P.L.177, No.175), entitled
 2      "An act providing for and reorganizing the conduct of the
 3      executive and administrative work of the Commonwealth by the
 4      Executive Department thereof and the administrative
 5      departments, boards, commissions, and officers thereof,
 6      including the boards of trustees of State Normal Schools, or
 7      Teachers Colleges; abolishing, creating, reorganizing or
 8      authorizing the reorganization of certain administrative
 9      departments, boards, and commissions; defining the powers and
10      duties of the Governor and other executive and administrative
11      officers, and of the several administrative departments,
12      boards, commissions, and officers; fixing the salaries of the
13      Governor, Lieutenant Governor, and certain other executive
14      and administrative officers; providing for the appointment of
15      certain administrative officers, and of all deputies and
16      other assistants and employes in certain departments, boards,
17      and commissions; providing for judicial administration; and
18      prescribing the manner in which the number and compensation
19      of the deputies and all other assistants and employes of
20      certain departments, boards and commissions shall be
21      determined," in administrative organization, further
22      providing for work-hours and leaves.
23      The General Assembly of the Commonwealth of Pennsylvania
24   hereby enacts as follows:
25      Section 1.    Section 222 of the act of April 9, 1929 (P.L.177,
26   No.175), known as The Administrative Code of 1929, is amended by
27   adding a subsection to read:
28      Section 222.    Work-Hours and Leaves.--* * *
 1      (e)    In the event of an office closure of a department, board
 2   or commission that is related to a declaration by the Governor
 3   of disaster emergency under 35 Pa.C.S. § 7301(c) (relating to
 4   general authority of Governor) or is caused by other exigent
 5   circumstances beyond the control of the department, board or
 6   commission, the following shall apply:
 7      (1)    Subject to paragraph (4), if the office closure
 8   prevents an employe of the department, board or commission from
 9   performing duties for at least five consecutive business days,
10   the employe shall be placed on unpaid leave until such time as
11   the employe is able to resume regular duties or any
12   substantially similar alternative duties provided by the
13   department, board or commission with which the employe is
14   employed.
15      (2)    An employe placed on unpaid leave under paragraph (1)
16   shall retain, during the period of unpaid leave, any fringe
17   benefits to which the employe is entitled as a result of
18   employment with the department, board or commission.
19      (3)    An employe placed on unpaid leave under paragraph (1)
20   may elect to use any of the employe's accrued paid leave
21   benefits in lieu of unpaid leave during the time that the
22   employe is prevented from performing the duties described under
23   paragraph (1). If the employe exhausts the accrued paid leave,
24   the employe shall be placed on unpaid leave.
25      (4)    This subsection shall not apply to an employe who is:
26      (i)    able to perform the duties described under paragraph (1)
27   at the usual work location, through telework or at an
28   alternative location; or
29      (ii)     furloughed indefinitely.
30      (5)    The status of an employe placed on unpaid leave under

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 1   this subsection or the retention of fringe benefits shall not be
 2   construed to impact the eligibility of the employe who is
 3   otherwise eligible for unemployment compensation benefits under
 4   the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),
 5   known as the Unemployment Compensation Law.
 6      (6)    For purposes of this subsection, the term "fringe
 7   benefits":
 8      (i)    Means the following:
 9      (A)    All monetary employer payments to provide benefits under
10   an employe benefit plan, as defined in 29 U.S.C. § 1002(3)
11   (relating to definition of the term employee benefit plan).
12      (B)    Reimbursement for expenses.
13      (C)    Any other amount to be paid pursuant to an agreement to
14   the employe, a third party or fund for the benefit of employes.
15      (ii)    Does not include accrued paid leave benefits.
16      Section 2.    This act shall take effect in 60 days.




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