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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Victims of
Violence Safe Employment Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abuse of a vulnerable adult." The term includes:
(1) Force or threat of force of inappropriate use of
medications or physical or chemical restraints.
(2) Misuse of power or authority granted to a person
through a power of attorney or by a court in a guardianship
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or conservatorship proceeding that results in unreasonable
confinement or restriction of liberty.
(3) An act of violence against, or the taking,
transferring, concealing, harming or disposing of, an
emotional support or service animal owned, possessed or held
by a vulnerable adult.
(4) The failure of a caregiver to provide goods, care or
services essential to avoid a clear and serious threat to the
physical or mental health of a vulnerable adult.
(5) An act or course of conduct by a caregiver against a
vulnerable adult or a vulnerable adult's resources, without
the informed consent of the vulnerable adult or with consent
obtained through misrepresentation, coercion or threats of
force, that results in monetary, personal or other benefit,
gain or profit for the perpetrator or monetary or personal
loss to the vulnerable adult.
(6) The desertion of a vulnerable adult by a caregiver.
(7) Knowingly restricting the movement or independence
of a vulnerable adult without the vulnerable adult's consent
by removing means of transportation, communication or access
to other activities of daily living, including removing
access to assistive technology, communication devices or
mobility aids.
"Attesting third party." A disability service organization
manager or coordinator, caregiver agency coordinator or manager,
a law enforcement official, licensed health care professional,
licensed social worker, victim advocate or victim service
provider.
"Department." The Department of Labor and Industry of the
Commonwealth.
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"Domestic violence." The occurrence of any of the following
acts between family or household members as defined under 23
Pa.C.S. § 6102(a) (relating to definitions):
(1) Intentionally, knowingly or recklessly causing, or
attempting to cause, bodily injury, serious bodily injury or
sexual violence.
(2) Placing another individual in reasonable fear of
imminent serious bodily harm.
(3) An act of domestic and other violence as defined
under 55 Pa. Code § 3042.3 (relating to definitions).
(4) The infliction of false imprisonment under 18
Pa.C.S. § 2903 (relating to false imprisonment).
"Employee." An individual who is employed by an employer in
this Commonwealth.
"Employer." As defined in section 103 of the Workers'
Compensation Act.
"Family member." Includes any of the following:
(1) A biological child, adopted or foster child,
stepchild or legal ward, a child of a domestic partner or a
child to whom an employee stands in loco parentis, regardless
of age.
(2) A biological parent, foster parent, stepparent or
adoptive parent or legal guardian of an employee or an
employee's spouse or domestic partner or an individual who
stood in loco parentis when the employee or the employee's
spouse or domestic partner was a minor child.
(3) An individual to whom the employee is legally
married under the laws of any state or a domestic partner of
an employee as registered under the laws of any state or
political subdivision.
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(4) A grandparent, grandchild or sibling, whether of a
biological, foster, adoptive or step relationship, of the
employee or the employee's spouse or domestic partner.
(5) An individual who has an intimate or romantic
relationship with an employee.
(6) An individual who habitually resides in a dwelling
unit with an employee or has previously habitually resided in
a dwelling unit with an employee for a period of not less
than two years.
(7) An individual who has established an emotionally
significant relationship with an employee, and for whom the
employee is responsible for providing or arranging health or
safety-related care, including helping the person obtain
diagnostic, preventive, routine or therapeutic health
treatment or ensuring the individual is safe after becoming a
victim of a qualifying act.
(8) An individual whose close association with an
employee is the equivalent of a family relationship.
"Nontraditional medicine." The term includes massage
therapy, acupuncture or cultural or traditional-based healing.
"Qualifying act." An act, conduct or pattern of conduct that
could constitute any of the following, regardless of whether
anyone is arrested or charged with committing a crime:
(1) Domestic violence.
(2) Sexual violence.
(3) Stalking.
(4) Abuse of a vulnerable adult.
(5) An act or conduct in which a person uses force to
cause or attempt to cause physical or mental injury to
another. This does not include conduct arising out of the
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ownership, maintenance or use of a motor vehicle, except when
the person engaging in the conduct intended to cause or
intended to threaten to cause physical or mental injury or
when the person engaging in the conduct was under the
influence of alcohol or a controlled substance.
(6) An act or conduct in which a person makes a
reasonably perceived or actual threat of physical or mental
injury or death to another. This does not include conduct
arising out of the ownership, maintenance or use of a motor
vehicle, except when the person engaging in the conduct
intended to cause or intended to threaten to cause physical
or mental injury or when the person engaging in the conduct
was under the influence of alcohol or a controlled substance.
"Retaliatory personnel action." One of the following:
(1) A threat, discipline, discharge, suspension,
demotion, reduction of hours or any other adverse action
taken against an employee for exercising the rights and
protections under this act.
(2) Interference with or punishment for participating in
or acting on a complaint or appeal under this act.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
"Sexual violence." As defined in 42 Pa.C.S. § 62A03
(relating to definitions).
"Stalking." Conduct in which an individual either:
(1) engages in a course of conduct or repeatedly commits
acts toward another individual, including following the other
individual without proper authority:
(i) under circumstances which demonstrate either an
intent to place the other individual in reasonable fear
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of bodily injury or to cause substantial emotional
distress to the other individual; or
(ii) which as a result intentionally, knowingly or
recklessly places the other individual in reasonable fear
of bodily injury or causes substantial emotional distress
to the other individual; or
(2) engages in a course of conduct or repeatedly
communicates to another individual:
(i) under circumstances which demonstrate or
communicate either an intent to place the other
individual in reasonable fear of bodily injury or to
cause substantial emotional distress to the other
individual; or
(ii) which as a result intentionally, knowingly or
recklessly places the other individual in reasonable fear
of bodily injury or causes substantial emotional distress
to the other individual.
"Treatment." Includes:
(1) Medical, dental, psychological, mental health,
chiropractic or physical rehabilitation services.
(2) Remedial treatment or care.
(3) Nontraditional medicine.
(4) Other services rendered in accordance with a
religious or culturally-specific method of healing.
"Victim." Any of the following:
(1) An individual against whom a qualifying act was
committed.
(2) An individual who was physically present at the
scene of a qualifying act and witnessed the qualifying act,
but who did not commit the qualifying act, and who as a
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direct result:
(i) suffers physical or mental injury; or
(ii) reasonably believes that the individual is
under the threat of physical harm.
(3) An individual who died by suicide.
"Victim advocate." An individual, whether paid or serving as
a volunteer, who provides services to victims or the victims'
family members under the auspices or supervision of a victim
service provider or a court or a law enforcement or prosecution
agency.
"Victim service provider." An agency or organization that
provides services to victims or victims' family members. The
term includes a rape crisis center as defined under 42 Pa.C.S. §
5945.1(a) (relating to confidential communications with sexual
assault counselors), domestic violence program as defined under
23 Pa.C.S. § 6102(a) (relating to definitions) or an agency or
organization with a documented history of providing services to
victims.
"Workers' Compensation Act." The act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act.
Section 3. Employment leave for victims and family members of
victims.
(a) Leave requirement.--
(1) An employee who is a victim of a qualifying act or
has a family member who is a victim of a qualifying act may
request and an employer shall permit the employee to take
leave from work if the employee needs, or needs to assist a
family member, to do any of the following:
(i) Seek or obtain medical attention, rehabilitative
services, accessibility equipment or other treatment
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related to a physical or mental injury or disability
caused or aggravated by the qualifying act.
(ii) Recover from a physical or mental injury or
disability caused or aggravated by the qualifying act.
(iii) Seek or obtain services from a victim service
provider in relation to the qualifying act.
(iv) Seek or obtain mental health treatment or other
counseling in relation to the qualifying act.
(v) Relocate or engage in the process of securing a
new residence due to the qualifying act, including
securing temporary or permanent housing or enrolling
children in a new school.
(vi) Seek or obtain financial services or meet with
a financial professional to address financial issues
resulting from the qualifying act.
(vii) Seek, obtain or provide child care or care to
a care-dependent adult necessary as a result of the
qualifying act.
(viii) Seek or obtain legal services related to or
resulting from the qualifying act.
(ix) Prepare for, participate in or attend any
civil, administrative or criminal legal proceeding
relating to or resulting from the qualifying act.
(x) Make modifications to a home or vehicle
necessary to create usability of and accessibility to the
home or vehicle due to an injury sustained in a
qualifying act.
(xi) Seek or obtain new caregiver services.
(xii) Take any other actions necessary to protect or
restore the physical, mental, emotional or economic well-
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being as a result of the qualifying act.
(xiii) Attend or make arrangements for the memorial
service, funeral or alternative to a funeral of a victim
who died as a result of a qualifying act, or grieve the
death of a victim who died as a result of a qualifying
act.
(2) An employee shall be entitled to use 20 workweeks of
leave in aggregate during any 12-month period for any purpose
listed under paragraph (1)(i) or (ii). An employee shall be
entitled to use 12 workweeks of leave combined during any 12-
month period for other purposes listed under paragraph (1).
This act may not create a right for an employee to take leave
under this act that exceeds a combined total of 20 weeks in
any 12-month period regardless of reason.
(3) Notwithstanding paragraph (2), an employee shall be
entitled to use 2 workweeks or 10 work days of leave for the
purposes listed under paragraph (1)(xiii) for each death of a
family member from a qualifying act in any 12-month period.
Leave taken for the purposes described in paragraph (1)(xiii)
shall be deducted from, and is not in addition to, the total
leave time an employee shall be entitled to under this
section, and shall not otherwise limit or diminish the total
leave time an employee is entitled to under this section.
(4) An employee shall be entitled to utilize the leave
authorized under this section, at the option of the employee,
on a consecutive, intermittent or reduced leave schedule in
which all of the leave authorized under this section is not
taken consecutively.
(5) An employee taking leave for a purpose listed under
paragraph (1) shall make a reasonable effort to schedule
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matters so as not to unduly disrupt the operations of the
employer.
(b) Notice.--
(1) An employee shall provide the employer with
reasonable advance notice of the employee's intention to take
leave under subsection (a). When an unscheduled absence
occurs, the employer may not take any action against the
employee if the employee, upon request of the employer and
within a reasonable period after the absence, informs the
employer that the employee's leave was for a purpose
described by subsection (a)(1), or if the absence was for a
period of more than three days, provides the employer with a
form of documentation described by subsection (c).
(2) For an absence of more than three days, the employer
may require that the employee, within a reasonable period
after the absence, provide certification under subsection
(c). If an employer requires certification under subsection
(c), the employer shall submit the request for certification
to the employee in writing and give the employee a reasonable
amount of time to provide the certification.
(3) Nothing in this act shall be construed to require an
employee to take leave under this section, if the employee
has not requested leave as a result of a qualifying act. An
employer may not require an employee who has not requested
leave under this section to take leave under this section.
(c) Certification.--
(1) An employer may require an employee to provide
certification to the employer that the employee or the
employee's family member is a victim if the employee is
absent for more than three days for a purpose described under
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subsection (a)(1).
(2) If the employer requests in writing that the
employee provide certification, the employee shall provide
the certification to the employer within a reasonable period
after the employer requests certification.
(3) An employee may satisfy the certification
requirement under paragraph (1) by providing to the employer
any one of the following:
(i) a copy of a valid court order that restrains the
person alleged to have committed the qualifying act from
contact with the employee or family member of the
employee;
(ii) medical or mental health records indicating
that the employee or family member is a victim;
(iii) a police report documenting the act of which
the employee or family member is a victim;
(iv) evidence that the person alleged to have
committed the qualifying act has been charged with or
convicted of an act of which the employee or employee's
family member is a victim;
(v) a written certification signed by an attesting
third party that affirms that the employee or employee's
family member is a victim;
(vi) if the employee's family member is a victim who
is deceased as a result of the qualifying act:
(A) a written verification of death, burial or
memorial services from a mortuary, medical examiner,
coroner, funeral home, burial society, crematorium,
religious institution or other government agency;
(B) a published obituary; or
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(C) a death certificate; or
(vii) any other form of documentation that
reasonably verifies that the employee or employee's
family member is a victim, including a written statement
signed by the employee, or signed by an individual
authorized to act on the employee's behalf.
(4) Furnishing evidence or providing a certification
under this subsection shall not waive any confidentiality or
privilege that may exist between the employee or victim and a
third party.
(5) An employer may not require that an employee provide
a certification that explains the details of the qualifying
act. An employer may not require disclosure of details
relating to a qualifying act or the details of an employee's
or employee's family member's medical condition as a
condition of providing leave under this act.
(d) Confidentiality.--All information provided to the
employer under subsection (b) or (c), including the fact that
the employee has requested or obtained leave under this section,
shall be retained in the strictest confidence by the employer,
except to the extent that disclosure is:
(1) requested or consented to in writing by the
employee; or
(2) otherwise required by applicable Federal or State
law in which case the employer shall provide the employee
notice prior to any authorized disclosure.
(e) Employment and benefits protection.--
(1) No employer may take retaliatory personnel action or
discriminate against an employee because:
(i) the employee has requested leave under
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subsection (a);
(ii) the employee has taken leave under subsection
(a); or
(iii) the employee has made a complaint or filed an
action to enforce the employee's right to leave under
subsection (a).
(2) An employee who takes leave under subsection (a)
shall, on return from the leave, be entitled to:
(i) restoration to the position held by the employee
when leave commenced; or
(ii) restoration to an equivalent position with
equivalent employment benefits, pay and other terms and
conditions of employment.
(3) The taking of leave under subsection (a) shall not
result in the loss of any employment benefit accrued prior to
the date on which the leave commenced.
(4) Nothing in this subsection shall be construed to
entitle a restored employee to:
(i) the accrual of any seniority or employment
benefit during a period of leave; or
(ii) a right, benefit or position other than a
right, benefit or position to which the restored employee
would have been entitled had the restored employee not
taken the leave.
(f) Health insurance coverage.--During a period that an
employee takes leave under subsection (a), the employer shall
maintain coverage under a group health plan for the duration of
the leave at the same level and under the same conditions that
would have been provided if the employee's employment had not
been interrupted by the leave.
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Section 4. Coordination of leave.
(a) Leave concurrent with Federal law.--Leave taken under
this act that also qualifies as leave under 29 U.S.C. Ch. 28
(relating to family and medical leave) shall run concurrently
with leave taken under 29 U.S.C. Ch. 28.
(b) Other paid or unpaid leave.--An employee who is entitled
to take paid or unpaid leave, including family, medical, sick,
annual, personal or similar leave, from employment, under
Federal, State or local law, a collective bargaining agreement
or an employment benefits program, policy or plan, may elect to
substitute a period of that leave for an equivalent period of
leave provided under section 3, provided that it does not
conflict with Federal law. Employers shall provide employees
with written notice of the opportunity to make the election and
inform employees how leave will be coordinated absent any
election.
Section 5. Reasonable accommodations.
(a) Requirement.--An employer shall provide a reasonable
accommodation in accordance with this section to an employee who
is a victim or who has a family member who is a victim if the
employee requests the reasonable accommodation for the safety,
physical or psychological well-being of the employee related to
a qualifying act of which the employee or family member of the
employee is a victim.
(b) Types of accommodation.--A reasonable accommodation, for
the purposes of this section, may include any of the following:
(1) Implementation of safety measures or procedures at
the employee's workplace.
(2) A transfer, reassignment, leave or modified work
schedule for the employee.
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(3) A change of work telephone number, email address or
work station for the employee.
(4) Removal of the employee's name or contact
information from public-facing websites and communications.
(5) Installation of new locks or security devices, or a
change in locks or security devices, at the employee's
workplace.
(6) Assistance in documenting a qualifying act that
occurs at the employee's workplace.
(7) Referral to a victim services provider.
(8) Any other reasonable accommodation in response to
the qualifying act or threat of future harm related to the
qualifying act.
(c) Process.--The employer and the employee shall engage in
a timely, good faith and interactive process to determine any
reasonable accommodations required under this section. In
determining the reasonable accommodation, the employer shall
consider any exigent circumstance or danger facing the employee
related to the qualifying act.
(d) Limitation.--An employer may not provide a reasonable
accommodation under this section if the employee has not
disclosed the employee's or employee's family member's status as
a victim to the employer. An employer may require an employee
who requests an accommodation under this section to provide the
following:
(1) A written statement from the employee, or a person
acting on the employee's behalf, stating that the employee or
employee's family member is a victim and that the requested
accommodation is necessary as a result of the applicable
qualifying act.
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(2) A certification to demonstrate that the employee or
employee's family member is a victim. The employer shall
accept any form of certification listed in section 3(c)(3) as
certification. The employee shall choose which document
listed in section 3(c)(3) to submit, and the employer may not
request or require more than one form of certification under
section 3(c)(3) to be submitted during the same 12-month
period that a reasonable accommodation is requested or
granted if the reason for an accommodation request is related
to the same qualifying act or related to a separate
qualifying act committed by the same person who committed the
original qualifying act. If an employer requires
certification under this subsection, the employer may require
the employee to provide a written statement from the employee
recertifying that the requested accommodation is still
necessary for the safety, physical or psychological well-
being of the employee as a result of the applicable
qualifying act every six months.
(e) Exception for undue hardship.--This section may not
require an employer to take any action or provide any
accommodation that would place an undue hardship on the
employer's business operations.
Section 6. Prohibited acts by employer.
(a) Prohibition.--An employer, or a person acting on behalf
of an employer, may not interfere with, restrain or deny the
exercise of or the attempted exercise of a right provided by
this act.
(b) Discrimination.--An employer may not discharge, demote,
suspend, take or threaten to take disciplinary or retaliatory
personnel action or in any other manner discriminate against an
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employee for any of the following:
(1) Taking or requesting leave in accordance with this
act, regardless of whether the leave was granted.
(2) Receiving or requesting a reasonable accommodation
under this act, regardless of whether the accommodation was
granted.
(3) Making a complaint or filing an action to enforce
the employee's right to leave under this act or right to a
reasonable accommodation in accordance with this act.
(c) Retaliatory action.--An employer's absence control
policy may not treat leave time taken in accordance with this
act as an absence that may lead to or result in retaliatory
personnel action.
(d) Allegations in good faith.--The protections under this
section apply to any person who mistakenly but in good faith
alleges a violation of this section.
(e) Rebuttable presumption.--There is a rebuttable
presumption of a violation of this section if an employer takes
retaliatory personnel action against a person within 90 days
after that person does any of the following:
(1) Files a complaint with the department or a court
alleging a violation of this act.
(2) Informs a person about an employer's alleged
violation of this act.
(3) Cooperates with the department or another person in
the investigation of an alleged violation of this act.
(4) Opposes a policy, practice or act that is prohibited
under this act.
(5) Informs an individual of the individual's rights
under this act.
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Section 7. Employer duties.
(a) Poster.--Beginning 270 days after the effective date of
this subsection, an employer shall display and maintain a poster
at the employer's place of business, in a conspicuous place that
is accessible to employees, that contains all of the following
information in plain language and in English and Spanish, with
consideration to the inclusion of other significant languages
spoken in the workplace:
(1) That an employee who is a victim, or who has a
family member who is a victim, may be eligible for leave or
reasonable accommodations under this act.
(2) That an employee is eligible regardless of whether a
crime has been reported and regardless of whether anyone has
been arrested or charged with committing a crime relating to
the applicable qualifying act.
(3) The terms under which an employee may use leave
under this act, as described under section 3.
(4) The employee's right to take civil action for any
violation of this act.
(b) Written notice distribution.--Upon initial hiring of an
employee, and annually thereafter, an employer shall provide
written notice of the requirements of this act containing the
information described under subsection (a) and using the notices
prepared and posted by the department under subsection (c).
(c) Written notice.--Within 180 days of the effective date
of this subsection, the department shall develop and prepare a
written notice that employers shall distribute and provide to
employees in accordance with subsection (b). The notice shall be
posted on the department's publicly accessible Internet website.
The department shall create and make available on the
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department's publicly accessible Internet website posters that
contain the information required under subsection (a) for
employers to print at no cost.
Section 8. Enforcement.
(a) Penalty.--The department may order an employer who is
found to be in violation of this act to do all of the following:
(1) Pay an administrative fine of not more than $3,000
for each violation.
(2) Pay an employee damages equal to any wages, salary,
employment benefits or other compensation denied or lost to
the employee by reason of a violation of this act.
(3) Pay an employee damages sustained by the employee as
a direct result of the violation of this act.
(4) Reinstate or promote an employee as may be required
by this act, with or without back pay.
(b) Fine.--An employer that willfully violates the posting
requirement of section 7 shall pay an administrative fine of not
more than $200 for each separate violation.
Section 9. Civil action.
(a) Action.--An aggrieved employee or the secretary may file
legal action against the employer in a court of competent
jurisdiction in this Commonwealth to recover damages or
equitable relief on behalf of the aggrieved party under this
act.
(b) Relief.--
(1) An employer that violates this act shall be liable
for:
(i) Damages equal to wages, salary, employment
benefits or other compensation denied or lost to an
employee by reason of a violation of this act.
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(ii) Damages sustained by an employee as a direct
result of the violation of this act.
(iii) Equitable relief as may be appropriate,
including reinstatement and promotion of an employee.
(2) The court in an action under this subsection may, in
addition to any other award, order the employer to reimburse
the employee for reasonable attorney and expert fees and
other costs incurred by the employee in bringing an action
under this act.
Section 10. Construction.
(a) Limitation.--Nothing in this act shall be construed to
supersede any provision of Federal, State or local law,
collective bargaining agreement or employment benefits program,
policy or plan that provides:
(1) greater or more generous leave benefits or
protections for employees than required under this act; or
(2) leave benefits or protections for a larger
population of employees than employees under this act.
(b) Prohibition on subsequent collective bargaining
agreement or employer policy.--An employee's right to leave or
reasonable accommodations under this act may not be diminished
by a collective bargaining agreement entered into or renewed, or
employer policy adopted or retained, after the effective date of
this subsection. An agreement by an employee to waive the
employee's rights under this act is void as against public
policy.
(c) Employer's obligation.--This act does not diminish an
employer's obligation to comply with any of the following that
provides more generous leave or protections:
(1) A collective bargaining agreement.
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(2) An employer policy.
(3) Any other law.
(d) Impact on Workers' Compensation Act.--Nothing in this
act shall be construed to impact the provisions of the Workers'
Compensation Act with regard to work-related injuries.
(e) Impact on Public Employe Relations Act.--Nothing in this
act shall be construed to supersede or preempt the rights,
remedies and procedures afforded to employees or labor
organizations under Federal or State law, including the act of
July 23, 1970 (P.L.563, No.195), known as the Public Employe
Relations Act, or any provision of a collective bargaining
agreement negotiated between an employer and an exclusive
representative of the employees in accordance with the Public
Employe Relations Act.
Section 11. Effective date.
This act shall take effect in 90 days.
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