Update on mandated paid leave preemption in PA

Pennsylvania House Bill 1807 was voted out of the House Labor Committee last week. This legislation would prohibit Pennsylvania municipalities from enacting any laws that require employers to provide any type of leave, paid or unpaid, from employment that is not required by state or federal law. HB 1807 was introduced in response to a growing national trend of local governments that have been imposing their own employer-provided leave mandates on businesses. A recent example was in the city of Philadelphia, when elected officials attempted to pass legislation that would require businesses with more than five employees to provide up to 56 hours of paid time off a year, regardless of the type of business, financial stability and any existing policies that addressed employee leave. The Philadelphia legislation would have severely impacted franchised businesses within the city. While Philadelphia City Council passed the measure, it was vetoed by Mayor Michael Nutter. Twelve states have already passed preemption bills, including Florida, which implemented the legislation earlier this year. While the future of paid sick leave in Pennsylvania is unlikely, it looks more promising in neighboring New Jersey, where the Democrats who control the state Legislature seek to install laws requiring paid sick leave for employers of all sizes. A full vote on HB 1807 in the Pennsylvania House is expected in the next few weeks.

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