HB 964 — An Act providing for employment leave for victims and victims' families because of violence; prohibiting certain acts by employers; prescribing penalties; and providing for a cause of action.

PRINTER'S NO.   1041

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 964
                                               Session of
                                                 2025

     INTRODUCED BY O'MARA, SANCHEZ, HOWARD, GIRAL, HILL-EVANS,
        CIRESI, SCHLOSSBERG, HOHENSTEIN, KHAN, HARKINS, BELLMON,
        OTTEN, CERRATO, GREEN, CURRY, WAXMAN, STEELE, HANBIDGE AND
        DOUGHERTY, MARCH 19, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 19, 2025


                                     AN ACT
 1   Providing for employment leave for victims and victims' families
 2      because of violence; prohibiting certain acts by employers;
 3      prescribing penalties; and providing for a cause of action.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Victims of
 8   Violence Safe Employment Act.
 9   Section 2.   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      "Abuse of a vulnerable adult."    The term includes:
14          (1)   Force or threat of force of inappropriate use of
15      medications or physical or chemical restraints.
16          (2)   Misuse of power or authority granted to a person
17      through a power of attorney or by a court in a guardianship
 1      or conservatorship proceeding that results in unreasonable
 2      confinement or restriction of liberty.
 3          (3)   An act of violence against, or the taking,
 4      transferring, concealing, harming or disposing of, an
 5      emotional support or service animal owned, possessed or held
 6      by a vulnerable adult.
 7          (4)   The failure of a caregiver to provide goods, care or
 8      services essential to avoid a clear and serious threat to the
 9      physical or mental health of a vulnerable adult.
10          (5)   An act or course of conduct by a caregiver against a
11      vulnerable adult or a vulnerable adult's resources, without
12      the informed consent of the vulnerable adult or with consent
13      obtained through misrepresentation, coercion or threats of
14      force, that results in monetary, personal or other benefit,
15      gain or profit for the perpetrator or monetary or personal
16      loss to the vulnerable adult.
17          (6)   The desertion of a vulnerable adult by a caregiver.
18          (7)   Knowingly restricting the movement or independence
19      of a vulnerable adult without the vulnerable adult's consent
20      by removing means of transportation, communication or access
21      to other activities of daily living, including removing
22      access to assistive technology, communication devices or
23      mobility aids.
24      "Attesting third party."    A disability service organization
25   manager or coordinator, caregiver agency coordinator or manager,
26   a law enforcement official, licensed health care professional,
27   licensed social worker, victim advocate or victim service
28   provider.
29      "Department."    The Department of Labor and Industry of the
30   Commonwealth.

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 1      "Domestic violence."   The occurrence of any of the following
 2   acts between family or household members as defined under 23
 3   Pa.C.S. § 6102(a) (relating to definitions):
 4          (1)   Intentionally, knowingly or recklessly causing, or
 5      attempting to cause, bodily injury, serious bodily injury or
 6      sexual violence.
 7          (2)   Placing another individual in reasonable fear of
 8      imminent serious bodily harm.
 9          (3)   An act of domestic and other violence as defined
10      under 55 Pa. Code § 3042.3 (relating to definitions).
11          (4)   The infliction of false imprisonment under 18
12      Pa.C.S. § 2903 (relating to false imprisonment).
13      "Employee."   An individual who is employed by an employer in
14   this Commonwealth.
15      "Employer."   As defined in section 103 of the Workers'
16   Compensation Act.
17      "Family member."   Includes any of the following:
18          (1)   A biological child, adopted or foster child,
19      stepchild or legal ward, a child of a domestic partner or a
20      child to whom an employee stands in loco parentis, regardless
21      of age.
22          (2)   A biological parent, foster parent, stepparent or
23      adoptive parent or legal guardian of an employee or an
24      employee's spouse or domestic partner or an individual who
25      stood in loco parentis when the employee or the employee's
26      spouse or domestic partner was a minor child.
27          (3)   An individual to whom the employee is legally
28      married under the laws of any state or a domestic partner of
29      an employee as registered under the laws of any state or
30      political subdivision.

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 1          (4)   A grandparent, grandchild or sibling, whether of a
 2      biological, foster, adoptive or step relationship, of the
 3      employee or the employee's spouse or domestic partner.
 4          (5)   An individual who has an intimate or romantic
 5      relationship with an employee.
 6          (6)   An individual who habitually resides in a dwelling
 7      unit with an employee or has previously habitually resided in
 8      a dwelling unit with an employee for a period of not less
 9      than two years.
10          (7)   An individual who has established an emotionally
11      significant relationship with an employee, and for whom the
12      employee is responsible for providing or arranging health or
13      safety-related care, including helping the person obtain
14      diagnostic, preventive, routine or therapeutic health
15      treatment or ensuring the individual is safe after becoming a
16      victim of a qualifying act.
17          (8)   An individual whose close association with an
18      employee is the equivalent of a family relationship.
19      "Nontraditional medicine."     The term includes massage
20   therapy, acupuncture or cultural or traditional-based healing.
21      "Qualifying act."     An act, conduct or pattern of conduct that
22   could constitute any of the following, regardless of whether
23   anyone is arrested or charged with committing a crime:
24          (1)   Domestic violence.
25          (2)   Sexual violence.
26          (3)   Stalking.
27          (4)   Abuse of a vulnerable adult.
28          (5)   An act or conduct in which a person uses force to
29      cause or attempt to cause physical or mental injury to
30      another. This does not include conduct arising out of the

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 1      ownership, maintenance or use of a motor vehicle, except when
 2      the person engaging in the conduct intended to cause or
 3      intended to threaten to cause physical or mental injury or
 4      when the person engaging in the conduct was under the
 5      influence of alcohol or a controlled substance.
 6          (6)   An act or conduct in which a person makes a
 7      reasonably perceived or actual threat of physical or mental
 8      injury or death to another. This does not include conduct
 9      arising out of the ownership, maintenance or use of a motor
10      vehicle, except when the person engaging in the conduct
11      intended to cause or intended to threaten to cause physical
12      or mental injury or when the person engaging in the conduct
13      was under the influence of alcohol or a controlled substance.
14      "Retaliatory personnel action."      One of the following:
15          (1)   A threat, discipline, discharge, suspension,
16      demotion, reduction of hours or any other adverse action
17      taken against an employee for exercising the rights and
18      protections under this act.
19          (2)   Interference with or punishment for participating in
20      or acting on a complaint or appeal under this act.
21      "Secretary."     The Secretary of Labor and Industry of the
22   Commonwealth.
23      "Sexual violence."     As defined in 42 Pa.C.S. § 62A03
24   (relating to definitions).
25      "Stalking."     Conduct in which an individual either:
26          (1)   engages in a course of conduct or repeatedly commits
27      acts toward another individual, including following the other
28      individual without proper authority:
29                (i)   under circumstances which demonstrate either an
30          intent to place the other individual in reasonable fear

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 1        of bodily injury or to cause substantial emotional
 2        distress to the other individual; or
 3              (ii)    which as a result intentionally, knowingly or
 4        recklessly places the other individual in reasonable fear
 5        of bodily injury or causes substantial emotional distress
 6        to the other individual; or
 7        (2)     engages in a course of conduct or repeatedly
 8    communicates to another individual:
 9              (i)    under circumstances which demonstrate or
10        communicate either an intent to place the other
11        individual in reasonable fear of bodily injury or to
12        cause substantial emotional distress to the other
13        individual; or
14              (ii)    which as a result intentionally, knowingly or
15        recklessly places the other individual in reasonable fear
16        of bodily injury or causes substantial emotional distress
17        to the other individual.
18    "Treatment."     Includes:
19        (1)     Medical, dental, psychological, mental health,
20    chiropractic or physical rehabilitation services.
21        (2)     Remedial treatment or care.
22        (3)     Nontraditional medicine.
23        (4)     Other services rendered in accordance with a
24    religious or culturally-specific method of healing.
25    "Victim."     Any of the following:
26        (1)     An individual against whom a qualifying act was
27    committed.
28        (2)     An individual who was physically present at the
29    scene of a qualifying act and witnessed the qualifying act,
30    but who did not commit the qualifying act, and who as a

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 1      direct result:
 2                   (i)    suffers physical or mental injury; or
 3                   (ii)    reasonably believes that the individual is
 4             under the threat of physical harm.
 5             (3)   An individual who died by suicide.
 6      "Victim advocate."        An individual, whether paid or serving as
 7   a volunteer, who provides services to victims or the victims'
 8   family members under the auspices or supervision of a victim
 9   service provider or a court or a law enforcement or prosecution
10   agency.
11      "Victim service provider."        An agency or organization that
12   provides services to victims or victims' family members. The
13   term includes a rape crisis center as defined under 42 Pa.C.S. §
14   5945.1(a) (relating to confidential communications with sexual
15   assault counselors), domestic violence program as defined under
16   23 Pa.C.S. § 6102(a) (relating to definitions) or an agency or
17   organization with a documented history of providing services to
18   victims.
19      "Workers' Compensation Act."         The act of June 2, 1915
20   (P.L.736, No.338), known as the Workers' Compensation Act.
21   Section 3.      Employment leave for victims and family members of
22                   victims.
23      (a)     Leave requirement.--
24             (1)   An employee who is a victim of a qualifying act or
25      has a family member who is a victim of a qualifying act may
26      request and an employer shall permit the employee to take
27      leave from work if the employee needs, or needs to assist a
28      family member, to do any of the following:
29                   (i)    Seek or obtain medical attention, rehabilitative
30             services, accessibility equipment or other treatment

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 1        related to a physical or mental injury or disability
 2        caused or aggravated by the qualifying act.
 3             (ii)    Recover from a physical or mental injury or
 4        disability caused or aggravated by the qualifying act.
 5             (iii)    Seek or obtain services from a victim service
 6        provider in relation to the qualifying act.
 7             (iv)    Seek or obtain mental health treatment or other
 8        counseling in relation to the qualifying act.
 9             (v)    Relocate or engage in the process of securing a
10        new residence due to the qualifying act, including
11        securing temporary or permanent housing or enrolling
12        children in a new school.
13             (vi)    Seek or obtain financial services or meet with
14        a financial professional to address financial issues
15        resulting from the qualifying act.
16             (vii)    Seek, obtain or provide child care or care to
17        a care-dependent adult necessary as a result of the
18        qualifying act.
19             (viii)    Seek or obtain legal services related to or
20        resulting from the qualifying act.
21             (ix)    Prepare for, participate in or attend any
22        civil, administrative or criminal legal proceeding
23        relating to or resulting from the qualifying act.
24             (x)    Make modifications to a home or vehicle
25        necessary to create usability of and accessibility to the
26        home or vehicle due to an injury sustained in a
27        qualifying act.
28             (xi)    Seek or obtain new caregiver services.
29             (xii)    Take any other actions necessary to protect or
30        restore the physical, mental, emotional or economic well-

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 1        being as a result of the qualifying act.
 2               (xiii)   Attend or make arrangements for the memorial
 3        service, funeral or alternative to a funeral of a victim
 4        who died as a result of a qualifying act, or grieve the
 5        death of a victim who died as a result of a qualifying
 6        act.
 7        (2)    An employee shall be entitled to use 20 workweeks of
 8    leave in aggregate during any 12-month period for any purpose
 9    listed under paragraph (1)(i) or (ii). An employee shall be
10    entitled to use 12 workweeks of leave combined during any 12-
11    month period for other purposes listed under paragraph (1).
12    This act may not create a right for an employee to take leave
13    under this act that exceeds a combined total of 20 weeks in
14    any 12-month period regardless of reason.
15        (3)    Notwithstanding paragraph (2), an employee shall be
16    entitled to use 2 workweeks or 10 work days of leave for the
17    purposes listed under paragraph (1)(xiii) for each death of a
18    family member from a qualifying act in any 12-month period.
19    Leave taken for the purposes described in paragraph (1)(xiii)
20    shall be deducted from, and is not in addition to, the total
21    leave time an employee shall be entitled to under this
22    section, and shall not otherwise limit or diminish the total
23    leave time an employee is entitled to under this section.
24        (4)    An employee shall be entitled to utilize the leave
25    authorized under this section, at the option of the employee,
26    on a consecutive, intermittent or reduced leave schedule in
27    which all of the leave authorized under this section is not
28    taken consecutively.
29        (5)    An employee taking leave for a purpose listed under
30    paragraph (1) shall make a reasonable effort to schedule

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 1    matters so as not to unduly disrupt the operations of the
 2    employer.
 3    (b)   Notice.--
 4          (1)   An employee shall provide the employer with
 5    reasonable advance notice of the employee's intention to take
 6    leave under subsection (a). When an unscheduled absence
 7    occurs, the employer may not take any action against the
 8    employee if the employee, upon request of the employer and
 9    within a reasonable period after the absence, informs the
10    employer that the employee's leave was for a purpose
11    described by subsection (a)(1), or if the absence was for a
12    period of more than three days, provides the employer with a
13    form of documentation described by subsection (c).
14          (2)   For an absence of more than three days, the employer
15    may require that the employee, within a reasonable period
16    after the absence, provide certification under subsection
17    (c). If an employer requires certification under subsection
18    (c), the employer shall submit the request for certification
19    to the employee in writing and give the employee a reasonable
20    amount of time to provide the certification.
21          (3)   Nothing in this act shall be construed to require an
22    employee to take leave under this section, if the employee
23    has not requested leave as a result of a qualifying act. An
24    employer may not require an employee who has not requested
25    leave under this section to take leave under this section.
26    (c)   Certification.--
27          (1)   An employer may require an employee to provide
28    certification to the employer that the employee or the
29    employee's family member is a victim if the employee is
30    absent for more than three days for a purpose described under

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 1    subsection (a)(1).
 2        (2)   If the employer requests in writing that the
 3    employee provide certification, the employee shall provide
 4    the certification to the employer within a reasonable period
 5    after the employer requests certification.
 6        (3)   An employee may satisfy the certification
 7    requirement under paragraph (1) by providing to the employer
 8    any one of the following:
 9              (i)    a copy of a valid court order that restrains the
10        person alleged to have committed the qualifying act from
11        contact with the employee or family member of the
12        employee;
13              (ii)    medical or mental health records indicating
14        that the employee or family member is a victim;
15              (iii)    a police report documenting the act of which
16        the employee or family member is a victim;
17              (iv)    evidence that the person alleged to have
18        committed the qualifying act has been charged with or
19        convicted of an act of which the employee or employee's
20        family member is a victim;
21              (v)    a written certification signed by an attesting
22        third party that affirms that the employee or employee's
23        family member is a victim;
24              (vi)    if the employee's family member is a victim who
25        is deceased as a result of the qualifying act:
26                     (A)   a written verification of death, burial or
27              memorial services from a mortuary, medical examiner,
28              coroner, funeral home, burial society, crematorium,
29              religious institution or other government agency;
30                     (B)   a published obituary; or

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 1                        (C)   a death certificate; or
 2                  (vii)   any other form of documentation that
 3            reasonably verifies that the employee or employee's
 4            family member is a victim, including a written statement
 5            signed by the employee, or signed by an individual
 6            authorized to act on the employee's behalf.
 7            (4)   Furnishing evidence or providing a certification
 8      under this subsection shall not waive any confidentiality or
 9      privilege that may exist between the employee or victim and a
10      third party.
11            (5)   An employer may not require that an employee provide
12      a certification that explains the details of the qualifying
13      act. An employer may not require disclosure of details
14      relating to a qualifying act or the details of an employee's
15      or employee's family member's medical condition as a
16      condition of providing leave under this act.
17      (d)   Confidentiality.--All information provided to the
18   employer under subsection (b) or (c), including the fact that
19   the employee has requested or obtained leave under this section,
20   shall be retained in the strictest confidence by the employer,
21   except to the extent that disclosure is:
22            (1)   requested or consented to in writing by the
23      employee; or
24            (2)   otherwise required by applicable Federal or State
25      law in which case the employer shall provide the employee
26      notice prior to any authorized disclosure.
27      (e)   Employment and benefits protection.--
28            (1)   No employer may take retaliatory personnel action or
29      discriminate against an employee because:
30                  (i)   the employee has requested leave under

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 1            subsection (a);
 2                  (ii)    the employee has taken leave under subsection
 3            (a); or
 4                  (iii)    the employee has made a complaint or filed an
 5            action to enforce the employee's right to leave under
 6            subsection (a).
 7            (2)   An employee who takes leave under subsection (a)
 8      shall, on return from the leave, be entitled to:
 9                  (i)    restoration to the position held by the employee
10            when leave commenced; or
11                  (ii)    restoration to an equivalent position with
12            equivalent employment benefits, pay and other terms and
13            conditions of employment.
14            (3)   The taking of leave under subsection (a) shall not
15      result in the loss of any employment benefit accrued prior to
16      the date on which the leave commenced.
17            (4)   Nothing in this subsection shall be construed to
18      entitle a restored employee to:
19                  (i)    the accrual of any seniority or employment
20            benefit during a period of leave; or
21                  (ii)    a right, benefit or position other than a
22            right, benefit or position to which the restored employee
23            would have been entitled had the restored employee not
24            taken the leave.
25      (f)   Health insurance coverage.--During a period that an
26   employee takes leave under subsection (a), the employer shall
27   maintain coverage under a group health plan for the duration of
28   the leave at the same level and under the same conditions that
29   would have been provided if the employee's employment had not
30   been interrupted by the leave.

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 1   Section 4.     Coordination of leave.
 2      (a)   Leave concurrent with Federal law.--Leave taken under
 3   this act that also qualifies as leave under 29 U.S.C. Ch. 28
 4   (relating to family and medical leave) shall run concurrently
 5   with leave taken under 29 U.S.C. Ch. 28.
 6      (b)   Other paid or unpaid leave.--An employee who is entitled
 7   to take paid or unpaid leave, including family, medical, sick,
 8   annual, personal or similar leave, from employment, under
 9   Federal, State or local law, a collective bargaining agreement
10   or an employment benefits program, policy or plan, may elect to
11   substitute a period of that leave for an equivalent period of
12   leave provided under section 3, provided that it does not
13   conflict with Federal law. Employers shall provide employees
14   with written notice of the opportunity to make the election and
15   inform employees how leave will be coordinated absent any
16   election.
17   Section 5.     Reasonable accommodations.
18      (a)   Requirement.--An employer shall provide a reasonable
19   accommodation in accordance with this section to an employee who
20   is a victim or who has a family member who is a victim if the
21   employee requests the reasonable accommodation for the safety,
22   physical or psychological well-being of the employee related to
23   a qualifying act of which the employee or family member of the
24   employee is a victim.
25      (b)   Types of accommodation.--A reasonable accommodation, for
26   the purposes of this section, may include any of the following:
27            (1)   Implementation of safety measures or procedures at
28      the employee's workplace.
29            (2)   A transfer, reassignment, leave or modified work
30      schedule for the employee.

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 1            (3)   A change of work telephone number, email address or
 2      work station for the employee.
 3            (4)   Removal of the employee's name or contact
 4      information from public-facing websites and communications.
 5            (5)   Installation of new locks or security devices, or a
 6      change in locks or security devices, at the employee's
 7      workplace.
 8            (6)   Assistance in documenting a qualifying act that
 9      occurs at the employee's workplace.
10            (7)   Referral to a victim services provider.
11            (8)   Any other reasonable accommodation in response to
12      the qualifying act or threat of future harm related to the
13      qualifying act.
14      (c)   Process.--The employer and the employee shall engage in
15   a timely, good faith and interactive process to determine any
16   reasonable accommodations required under this section. In
17   determining the reasonable accommodation, the employer shall
18   consider any exigent circumstance or danger facing the employee
19   related to the qualifying act.
20      (d)   Limitation.--An employer may not provide a reasonable
21   accommodation under this section if the employee has not
22   disclosed the employee's or employee's family member's status as
23   a victim to the employer. An employer may require an employee
24   who requests an accommodation under this section to provide the
25   following:
26            (1)   A written statement from the employee, or a person
27      acting on the employee's behalf, stating that the employee or
28      employee's family member is a victim and that the requested
29      accommodation is necessary as a result of the applicable
30      qualifying act.

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 1            (2)   A certification to demonstrate that the employee or
 2      employee's family member is a victim. The employer shall
 3      accept any form of certification listed in section 3(c)(3) as
 4      certification. The employee shall choose which document
 5      listed in section 3(c)(3) to submit, and the employer may not
 6      request or require more than one form of certification under
 7      section 3(c)(3) to be submitted during the same 12-month
 8      period that a reasonable accommodation is requested or
 9      granted if the reason for an accommodation request is related
10      to the same qualifying act or related to a separate
11      qualifying act committed by the same person who committed the
12      original qualifying act. If an employer requires
13      certification under this subsection, the employer may require
14      the employee to provide a written statement from the employee
15      recertifying that the requested accommodation is still
16      necessary for the safety, physical or psychological well-
17      being of the employee as a result of the applicable
18      qualifying act every six months.
19      (e)   Exception for undue hardship.--This section may not
20   require an employer to take any action or provide any
21   accommodation that would place an undue hardship on the
22   employer's business operations.
23   Section 6.     Prohibited acts by employer.
24      (a)   Prohibition.--An employer, or a person acting on behalf
25   of an employer, may not interfere with, restrain or deny the
26   exercise of or the attempted exercise of a right provided by
27   this act.
28      (b)   Discrimination.--An employer may not discharge, demote,
29   suspend, take or threaten to take disciplinary or retaliatory
30   personnel action or in any other manner discriminate against an

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 1   employee for any of the following:
 2            (1)   Taking or requesting leave in accordance with this
 3      act, regardless of whether the leave was granted.
 4            (2)   Receiving or requesting a reasonable accommodation
 5      under this act, regardless of whether the accommodation was
 6      granted.
 7            (3)   Making a complaint or filing an action to enforce
 8      the employee's right to leave under this act or right to a
 9      reasonable accommodation in accordance with this act.
10      (c)   Retaliatory action.--An employer's absence control
11   policy may not treat leave time taken in accordance with this
12   act as an absence that may lead to or result in retaliatory
13   personnel action.
14      (d)   Allegations in good faith.--The protections under this
15   section apply to any person who mistakenly but in good faith
16   alleges a violation of this section.
17      (e)   Rebuttable presumption.--There is a rebuttable
18   presumption of a violation of this section if an employer takes
19   retaliatory personnel action against a person within 90 days
20   after that person does any of the following:
21            (1)   Files a complaint with the department or a court
22      alleging a violation of this act.
23            (2)   Informs a person about an employer's alleged
24      violation of this act.
25            (3)   Cooperates with the department or another person in
26      the investigation of an alleged violation of this act.
27            (4)   Opposes a policy, practice or act that is prohibited
28      under this act.
29            (5)   Informs an individual of the individual's rights
30      under this act.

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 1   Section 7.     Employer duties.
 2      (a)   Poster.--Beginning 270 days after the effective date of
 3   this subsection, an employer shall display and maintain a poster
 4   at the employer's place of business, in a conspicuous place that
 5   is accessible to employees, that contains all of the following
 6   information in plain language and in English and Spanish, with
 7   consideration to the inclusion of other significant languages
 8   spoken in the workplace:
 9            (1)   That an employee who is a victim, or who has a
10      family member who is a victim, may be eligible for leave or
11      reasonable accommodations under this act.
12            (2)   That an employee is eligible regardless of whether a
13      crime has been reported and regardless of whether anyone has
14      been arrested or charged with committing a crime relating to
15      the applicable qualifying act.
16            (3)   The terms under which an employee may use leave
17      under this act, as described under section 3.
18            (4)   The employee's right to take civil action for any
19      violation of this act.
20      (b)   Written notice distribution.--Upon initial hiring of an
21   employee, and annually thereafter, an employer shall provide
22   written notice of the requirements of this act containing the
23   information described under subsection (a) and using the notices
24   prepared and posted by the department under subsection (c).
25      (c)   Written notice.--Within 180 days of the effective date
26   of this subsection, the department shall develop and prepare a
27   written notice that employers shall distribute and provide to
28   employees in accordance with subsection (b). The notice shall be
29   posted on the department's publicly accessible Internet website.
30   The department shall create and make available on the

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 1   department's publicly accessible Internet website posters that
 2   contain the information required under subsection (a) for
 3   employers to print at no cost.
 4   Section 8.      Enforcement.
 5      (a)    Penalty.--The department may order an employer who is
 6   found to be in violation of this act to do all of the following:
 7             (1)   Pay an administrative fine of not more than $3,000
 8      for each violation.
 9             (2)   Pay an employee damages equal to any wages, salary,
10      employment benefits or other compensation denied or lost to
11      the employee by reason of a violation of this act.
12             (3)   Pay an employee damages sustained by the employee as
13      a direct result of the violation of this act.
14             (4)   Reinstate or promote an employee as may be required
15      by this act, with or without back pay.
16      (b)    Fine.--An employer that willfully violates the posting
17   requirement of section 7 shall pay an administrative fine of not
18   more than $200 for each separate violation.
19   Section 9.      Civil action.
20      (a)    Action.--An aggrieved employee or the secretary may file
21   legal action against the employer in a court of competent
22   jurisdiction in this Commonwealth to recover damages or
23   equitable relief on behalf of the aggrieved party under this
24   act.
25      (b)    Relief.--
26             (1)   An employer that violates this act shall be liable
27      for:
28                   (i)   Damages equal to wages, salary, employment
29             benefits or other compensation denied or lost to an
30             employee by reason of a violation of this act.

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 1                   (ii)    Damages sustained by an employee as a direct
 2             result of the violation of this act.
 3                   (iii)    Equitable relief as may be appropriate,
 4             including reinstatement and promotion of an employee.
 5             (2)   The court in an action under this subsection may, in
 6      addition to any other award, order the employer to reimburse
 7      the employee for reasonable attorney and expert fees and
 8      other costs incurred by the employee in bringing an action
 9      under this act.
10   Section 10.      Construction.
11      (a)    Limitation.--Nothing in this act shall be construed to
12   supersede any provision of Federal, State or local law,
13   collective bargaining agreement or employment benefits program,
14   policy or plan that provides:
15             (1)   greater or more generous leave benefits or
16      protections for employees than required under this act; or
17             (2)   leave benefits or protections for a larger
18      population of employees than employees under this act.
19      (b)    Prohibition on subsequent collective bargaining
20   agreement or employer policy.--An employee's right to leave or
21   reasonable accommodations under this act may not be diminished
22   by a collective bargaining agreement entered into or renewed, or
23   employer policy adopted or retained, after the effective date of
24   this subsection. An agreement by an employee to waive the
25   employee's rights under this act is void as against public
26   policy.
27      (c)    Employer's obligation.--This act does not diminish an
28   employer's obligation to comply with any of the following that
29   provides more generous leave or protections:
30             (1)   A collective bargaining agreement.

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 1            (2)   An employer policy.
 2            (3)   Any other law.
 3      (d)   Impact on Workers' Compensation Act.--Nothing in this
 4   act shall be construed to impact the provisions of the Workers'
 5   Compensation Act with regard to work-related injuries.
 6      (e)   Impact on Public Employe Relations Act.--Nothing in this
 7   act shall be construed to supersede or preempt the rights,
 8   remedies and procedures afforded to employees or labor
 9   organizations under Federal or State law, including the act of
10   July 23, 1970 (P.L.563, No.195), known as the Public Employe
11   Relations Act, or any provision of a collective bargaining
12   agreement negotiated between an employer and an exclusive
13   representative of the employees in accordance with the Public
14   Employe Relations Act.
15   Section 11.    Effective date.
16      This act shall take effect in 90 days.




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