PENNSYLVANIA, May 11 - to serve in any such capacity or as required in section 6344.4,

except as allowed under subsection [(m)] (m.1).

* * *

[(m) Provisional employees for limited periods.--Employers,

administrators, supervisors or other persons responsible for

employment decisions may not employ applicants on a provisional

basis, except that the department is authorized to grant a

waiver of this provision upon request from a child day-care

center, group day-care home or family child-care home. If a

child day-care center, group day-care home or family child-care

home is granted a waiver, an applicant may be employed on a

provisional basis for a single period not to exceed 45 days, if

all of the following conditions are met:

(1) The applicant has applied for the information

required under subsection (b) and the applicant provides a

copy of the appropriate completed request forms to the

employer, administrator, supervisor or other person

responsible for employment decisions.

(2) The employer, administrator, supervisor or other

person responsible for employment decisions has no knowledge

of information pertaining to the applicant which would

disqualify him from employment pursuant to subsection (c).

(3) The applicant swears or affirms in writing that he

is not disqualified from employment pursuant to subsection

(c) or has not been convicted of an offense similar in nature

to those crimes listed in subsection (c) under the laws or

former laws of the United States or one of its territories or

possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation, or under a

former law of this Commonwealth.

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