Philadelphia paid sick leave is guided by the Promoting Healthy Families and Workplaces Act, which requires employers to provide up to 40 hours of sick leave per year under Philadelphia Code § 9-4101. Whether this leave must be paid depends on employer size, with different requirements for businesses with more or fewer than 10 employees.
The law ensures comprehensive protection for workers while considering the varying capacities of different sized businesses. These requirements create a balanced approach to workplace leave benefits in Philadelphia.
Common Questions About Philadelphia Paid Sick Leave
Understanding Philadelphia paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines based on employer size while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in Philadelphia?
Any employee working within Philadelphia for at least 40 hours in a year can take this leave, except:
- Independent contractors
- Seasonal employees (hired for 16 weeks or less per year)
- Adjunct professors
- Student interns working for their school
- Temporary employees (hired for less than 6 months)
- Employees covered by collective bargaining agreements
- Healthcare professionals who work only when available
Which employers have to provide this leave?
All employers must provide this leave to Philadelphia employees. The type of leave required depends on size, with employers having less than 10 employees being permitted to provide unpaid leave, while those with 10 or more employees must provide paid leave.
How much leave do employers need to provide?
Employees accrue one hour of sick leave for every 40 hours worked in the city, up to 40 hours per year. Accrual begins on the first day of employment. Exempt employees are presumed to work 40 hours weekly unless they typically work less.
What can Philadelphia paid sick leave be used for?
Employees can use leave for their own or a family member’s mental or physical illness, injury, or health condition, as well as for medical diagnosis, treatment, or preventative care. The leave can also be used for needs related to domestic violence, sexual assault, or stalking, including medical attention, victim services, counseling, relocation, or legal proceedings.
How does this relate to other types of leave?
Employers can use a paid time off policy that provides at least as much leave and allows for the same reasons under the same terms and conditions.
Can employers limit how many hours of sick leave employees use in a year?
Yes, employers can limit employees to using 40 hours of sick leave per year.
Can employers provide all the leave at once instead of letting it accrue?
Employers can frontload the full 40 hours at the beginning of the year. Those who frontload don’t have to allow carryover.
Do employers have to carry over unused leave?
Yes, employees can carry over unused leave, subject to the 40-hour annual accrual and use caps. However, employers that frontload the full 40 hours aren’t required to allow carryover.
What is the smallest amount of leave an employee can use?
Employers can require employees to use leave in hourly increments or the smallest increment their payroll system uses, whichever is smaller.
What notice do employers and employees need to provide?
Employers must provide notice of sick leave rights in any employee handbook and either post it visibly or distribute individually. For remote workers, electronic access is required. Notices must be in English and any language that is the first language of at least 5% of the workforce.
Employees must provide advance notice for foreseeable leave, which includes notice before a shift starts or as soon as practicable for unforeseeable leave. When possible, employees should strive to provide an estimate of leave duration.
What verification can employers ask for?
For absences exceeding two consecutive days, employers can request reasonable documentation but cannot require details about specific illnesses or violence. Acceptable documentation includes healthcare provider notes for medical absences and police reports, court orders, or victim services organization statements for domestic violence-related leave.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected. Unused leave is not paid out at separation, and the ordinance is silent on reinstatement of leave for rehired employees.
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Navigating Philadelphia paid sick leave requirements can be complex, especially with varying requirements based on employer size. SixFifty’s solutions streamline the process, ensuring your policies align with city requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws change.
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