For years Pennsylvania seasonal employers such as municipal park and recreation programs, summer camps, pools, resorts, and many others have relied on provisional hiring to be fully staffed, especially during the busy summer months. The option for these employers to hire on a provisional basis will end on January 1, 2021, unless the Pennsylvania Senate passes House Bill 2503. The absence of provisional hiring could mean that many summer programs can't be fully staffed and/or must curtail vital community services.
Please contact your state senator and request that they support House Bill 2503, which will provide fairness and flexibility for all Pennsylvania employers while maintaining critical safeguards for youth under their care.
Background
Prior to December 31, 2019, Pennsylvania employers who hired workers who have direct contact with children were granted a 90-day waiver to hire on a provisional basis providing certain conditions were met. These waivers were critical for allowing recreation programs, parks, pools, and many other seasonal employers to be fully staffed.
Act 47 of 2019 reduced the time of the waiver for provisional hires from 90 days to 45 days. But inexplicably, Act 47 allowed the waivers to be granted only to licensed child day centers, group day care homes or family childcare homes. For everyone else, there is no provisional hiring option.
In May the General Assembly approved House Bill 360, which was signed into law by Governor Wolf as Act 18 of 2020. Act 18 suspends the provisions of Act 47 pertaining to federal background checks and fingerprinting for either the remainder of 2020. With the coming expiration of Act 18, it is critical that the General Assembly approve House Bill 2503.
Because certain aspects of the background checks such as federal fingerprinting have been taking up to five weeks or longer, there is concern among many employers who rely on teens and college-age workers to be able to fully staff their programs and facilities after the end of 2020. Prospective employees cannot start any of their duties until all state and federal background checks are completed under Act 47. Many teens and young adults often do not start their search for summer employment until well into the spring. Sometimes employers need to hire on short notice for a wide range of reasons.
PRPS supports Representative Brett Miller's House Bill 2503 because it creates a fair and flexible playing field for Pennsylvania employers, while retaining vital safeguards for our youth. This legislation allows a 45-day waiver and provisional hiring period for all Pennsylvania employers. All employees would have to meet a variety of conditions before being hired on a provisional basis. These include the initiation of all background checks and proof of such to the employer, the completion of State Police and statewide child abuse registry background checks, the applicant not being permitted to work alone with children, and the requirement that the applicant work in the immediate vicinity of a permanent employee.
Potential impacts and the need for action
Failure to pass House Bill 2503 would affect all employers who are not licensed daycare centers, but seasonal employers would be most impacted. The list of impacted programs and facilities includes municipal park and recreation programs, public and private pools and beaches that employ lifeguards, resorts, day camps, scouting facilities and camps, colleges and universities that host summer camps, church and church affiliated camps, museums, science centers, environmental and nature centers, YWCAs and YMCAs, athletic and recreational leagues, and gyms and recreational centers.
Please ask your state senator to support House Bill 2503. Here is a sample letter which you can copy, paste, personalize and email to your state senator. It is often helpful to personalize your letter and include relevant local examples.
To identify your state senator, please enter your address here. We have included a list of Senate email addresses below for your convenience.
Thank you!
Tim Herd, CEO
Pennsylvania Recreation & Park Society
