PRINTER'S NO. 1289
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.1163
Session of
2025
INTRODUCED BY KINKEAD, ISAACSON, FREEMAN, HILL-EVANS, McNEILL,
MADDEN, PIELLI, SANCHEZ, GUENST, KHAN, NEILSON, HOHENSTEIN,
CERRATO, STEELE AND GREEN, APRIL 7, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 7, 2025
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, providing
for work-related hazardous duty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 7309. Work-related hazardous duty.
(a) Presumption of work-related hazardous duty.--An
individual employed by a life-sustaining business or occupation
who is required to work and who contracts, has symptoms of or is
otherwise exposed to an infectious disease during the
declaration of a disaster emergency under section 7301 (relating
to g eneral authority of Governor) , the declaration of an
epidemic or a public health emergency in this Commonwealth by
the Governor or a pandemic, which results in a period of
hospitalization, quarantine, isolation or other control measures
due to infection or exposure, shall establish a presumption that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 the individual's medical condition or inability to work is work-
related hazardous duty.
(b) Hazardous duty deemed on-duty time.--An individual with
an established presumption of work-related hazardous duty under
subsection (a) may not be required to use sick time, vacation
time, personal time or any other accrued paid time off or
contractual time off to cover the period of incapacitation or
inability to work.
(c) Eligibility for unemployment compensation.--
Notwithstanding any provision of the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, an individual with an established presumption
of work-related hazardous duty under subsection (a) shall be
eligible and qualified for unemployment compensation for the
duration of the period of incapacitation or inability to work.
(d) Eligibility for workers' compensation.--Notwithstanding
any provision of the act of June 2, 1915 (P.L.736, No.338),
known as the Workers' Compensation Act, an individual with an
established presumption of work-related hazardous duty under
subsection (a) shall be eligible and qualified for workers'
compensation for all medical costs related to infection or
exposure.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"COVID-19." The novel coronavirus as identified in the
Governor's proclamation of disaster emergency issued March 6,
2020, published at 50 Pa.B. 1644 (March 21, 2020).
"Individual employed by a life-sustaining business or
occupation." A front-line employee or other individual who is
20250HB1163PN1289 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 employed by or under contract with a life-sustaining business or
entity and who is required to work during a public health
emergency. The term includes:
(1) A first responder, including a law enforcement
officer, firefighter, emergency medical technician and any
other individual who is considered to be a first responder.
(2) A corrections officer or other support staff.
(3) An emergency services dispatcher.
(4) An ambulance driver.
(5) A retail worker, including a restaurant, food
services or grocery store worker, cashier or other support
staff.
(6) A food or agriculture worker.
(7) A medical, health care or public health worker,
including a doctor, nursing professional, physician
assistant, paramedic or other support staff.
(8) A pharmacist or any cashier or other support staff.
(9) A home health care worker.
(10) A public utility worker, including a worker engaged
in providing telecommunications, energy, water or wastewater
services or public works.
(11) An employee of State or local government.
(12) A trash collector.
(13) A warehouse worker.
(14) Any other individual who is employed by a life-
sustaining business or occupation and who is required to work
during a public health emergency.
"Infectious disease." As follows:
(1) A disease that is:
(i) caused by a microorganism, such as a bacterium,
20250HB1163PN1289 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 virus or protozoan;
(ii) not normally found in the human body; and
(iii) capable of causing infection.
(2) The term includes COVID-19 or any other novel virus
or infectious disease.
(3) Some, but not all, infectious diseases are
contagious, meaning that they can spread from person to
person, including COVID-19 or the coronavirus. Other
infectious diseases can spread from animals or insects to
humans, but not from person to person.
"Life-sustaining business or occupation." A list of
businesses or occupations, as designated by the Governor, that
perform or conduct a range of vital operations, functions and
services that are essential to assisting the Commonwealth and
its political subdivisions in protecting people and their
communities while ensuring continuity of functions critical and
essential to public health and safety, as well as economic and
homeland security, and that should continue normal operations,
appropriately modified to account for the Centers for Disease
Control and Prevention's and the Department of Health's
workforce and customer protection guidance, during the
declaration of a disaster or public health emergency.
"Public health emergency." An emergency declaration by the
Governor of an occurrence or imminent threat of a disease or
condition of critical public health importance with the
following characteristics:
(1) Is believed to be caused by any of the following:
(i) The emergence and spread of a novel or
previously controlled or eradicated infectious disease.
(ii) An infectious disease epidemic in this
20250HB1163PN1289 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Commonwealth or a pandemic.
(2) Poses a high probability of any of the following in
the affected population:
(i) Death.
(ii) Serious or long-term disabilities.
(iii) Widespread exposure to an infectious disease,
which poses a significant risk of substantial present or
future harm to the public health and safety.
Section 2. This act shall take effect immediately.
20250HB1163PN1289 - 5 -
1
2
3
4
5
6
7
8
9