1
PHILADEPHIA –
PROMOTING HEALTHY FAMILIES AND WORKPLACES
ORDINANCE
(PAID SICK LEAVE LAW)
Eligibility
Workers employed in Philadelphia for at least 40 hours in a
calendar year (January 1 to December 31) will accrue one
hour of paid sick time for every 40 hours worked in
Philadelphia.
The time is required to be paid by employers with ten or
more employees.
Employees will not accrue more than 40 hours of paid sick
time in a calendar year. Accrual time cannot be used until
after 90 calendar days of employment.
Exceptions
The following workers are exempted: independent
contractors; seasonal workers (hired for a temporary
period of not more than 16 weeks a year); adjunct
professors; interns (students working for an educational
institution only); workers hired for a term of less than 6
months; pool employees (other than an employee of a
temporary placement agency), State and Federal
employees, and employees covered by a bona fide collective
bargaining agreement;
Note: Other types of paid leave—paid time off, vacation,
personal days, short-term disability benefits, etc.—will count
for purposes of complying with the law as long as it is
sufficient to meet or exceed all requirements of this law (e.g.,
may be used for the same purposes and under the same
conditions). An employer is not required to provide
additional paid sick time.
EFFECTIVE: 5/13/2015
It shall be unlawful for an employer’s
absence control policy to count paid sick
time taken under this ordinance as an
absence that may lead to or result in
discipline, discharge, demotion, suspension,
or any other adverse action; provided,
however, that nothing in this ordinance shall
prevent an employer from taking action
against an employee who uses paid sick
time under this ordinance for purposes other
than those outlined in the law.
Employees who request or use sick time as
required by this ordinance have the right to
file a complaint or bring a civil action if sick
time as required by this ordinance is denied
by the employer or the employee is retaliated
against for requesting or taking sick time.
Please notify Superior Group and SDI’s
branch representative or the benefits
department at 1-800-568-8310 if a customer
has a problem with you taking time off for
purposes that have been outlined in this
ordinance.
Paid Sick Leave Law Uses
Any accrued paid sick leave may be used for the following
reasons:
The employee’s mental or physical illness, injury or
health condition;
The employee’s need for medical diagnosis, care, or
treatment of a mental or physical illness, injury or
health condition;
The employee’s need for preventive medical care;
Leave can be used in increments of one
hour.
“Paid sick time” or “paid sick days” – is
compensated at the same hourly rate with
the same benefits, including health care
benefits, as the employee normally earns
from the employee’s employment at the time
the employee uses the paid sick time.
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Paid Sick Leave Law Uses (Cont.)
Care of a family member with a mental or physical
illness, injury or health condition; who needs medical
diagnosis, care, or treatment or a mental or physical
illness, injury or health condition; or who needs
preventive medical care;
Absence necessary due to domestic abuse, sexual
assault or stalking, provided the leave is to allow the
employee to obtain for the employee or the
employee’s family member:
o Medical attention needed to recover from physical
or psychological injury or disability caused by
domestic or sexual violence or stalking;
o Services from a victim services organization;
o Psychological or other counseling;
o Relocation due to the domestic or sexual violence
or stalking; or
o Legal services or remedies, including preparing
for or participating in any civil or criminal legal
proceeding related to or resulting from the
domestic or sexual violence.
Employee Notice Requirements
Accrued paid sick time shall be provided upon the oral or
written request of an employee. When possible, the request
shall include the expected duration of the absence.
When the need for paid sick leave is known to the
employee in advance, such as for a scheduled
appointment with a health care provider, the employee
shall provide notice of the need for such leave to
Superior Group or SDI’s branch representative (and the
customer) in advance of the use of the sick time and
shall make a reasonable effort to schedule the use of
sick time in a manner that does not unduly disrupt the
operations of the customer.
For all other absences, the employee shall notify
Superior Group or SDI’s branch representative (and the
customer) before the start of the employee’s scheduled
work hours, or as soon as practicable if the need arises
immediately before or after the employee has reported
for work.
Note: Superior Group or SDI (or customer) must keep any
health related information or information pertaining to
domestic abuse, sexual assault or stalking confidential
unless the employee (or employee’s family member) permits
the employer/customer to disclose it or the disclosure is
required by law, regulation or licensing standard.
An employer may require an employee to
provide written verification that the employee
used sick leave for sick leave purposes.
For sick time of more than two (2)
consecutive workdays, Superior Group or
SDI may require reasonable documentation
from a licensed health care professional.
For other absences documentation signed by
a health care professional; a police report
indicating that the employee was a victim of
domestic abuse, stalking or sexual assault; a
court order; or a signed statement from a
representative of a victim services
organization as defined in the law, affirming
that the employee was a victim of domestic
abuse, stalking, or sexual assault shall be
considered reasonable documentation.
Under this sick pay ordinance, an
employer may not require that the
documentation explain the nature of the
illness or the details of the violence.
Disclosure may be required by other laws
(e.g., Family Medical Leave).
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Paid Sick Leave Accrual and Use – Important Dates
Rate of
Accrual
Date Accrual
Begins
Date Sick Leave
Available for Use
1 hour for
every 40
hours
worked
May 15, 2015
(Existing employee)
Must have worked
90 calendar days
counting from your
first day of
employment
(Existing employee)
First day of
employment
(New employee)
90 days after first
day of employment
(New employee)
Employees are required to begin accruing sick leave as
indicated above, but cannot take accrued leave until after
90 days of employment with Superior Group and/or SDI.
Only the hours that an employee works in Philadelphia
count toward the 40 hours, and the sick leave can only
be used when the employee is working in Philadelphia.
If an exempt employee works 40 hours or more in a
week, paid sick leave still accrues based on a 40-hour
workweek but not beyond the 40 hours. If an exempt
employee works less than 40 hours in a week, sick leave
accrues based on the employee’s normal workweek.
Family Members:
The law recognizes the following as family
members:
Children (biological, adopted or foster
children, stepchildren, legal wards or
a child to whom the employee stands
in loco parentis);
A biological, foster, stepparent or
legal guardian of an employee or an
employee’s spouse or a person who
stood in loco parentis when the
employee was a minor child;
Person to whom the employee is
legally married under the laws of
Pennsylvania;
Grandparent or spouse of a
grandparent;
Grandchild;
A biological, foster, or adopted sibling
or a spouse of a biological, foster or
adopted sibling;
Life partner as defined in Section
9-1102 of law.
Unused Sick Leave
Any accrued unused sick time hours will carry over to
the following year. An employee’s use of sick time in
each calendar year shall not exceed 40 hours.
No Pay Out Upon Termination
There will be no pay out of accrued but unused sick
leave upon termination, resignation, retirement, or other
separation from employment.
City of Philadelphia City Zip Codes Included – In SmartSearch, if the employee is working in “Philadelphia”,
mark Personnel subarea as “Philadelphia.” If they live in Philadelphia but do not work in Philadelphia, mark
Personnel subarea as “Other Locations”.
19019 19127 19155 19244
19092 19128 19160 19255
19093 19129 19161
19099 19130 19162
19101 19131 19170
19102 19132 19171
19103 19133 19172
19104 19134 19173
19106 19135 19175
19107 19136 19176
19108 19137 19177
19109 19138 19178
19110 19139 19179
19111 19140 19181
19112 19141 19182
19113 19142 19183
4
19114 19143 19184
19115 19144 19185
19116 19145 19187
19118 19146 19188
19119 19147 19190
19120 19148 19191
19121 19149 19192
19122 19150 19193
19123 19151 19194
19124 19152 19195
19125 19153 19196
19126 19154 19197
Bill No. 141026
EMPLOYEES NOT COVERED
•
Independent Contractors
•
Seasonal Workers
•
Adjunct Professors
•
Employees hired for a term of
less than 6 months
•
Interns
•
Pool employees
•
Employees covered by collective
bargaining agreements
•
State and federal employees
EMPLOYEES COVERED
•
Work in the City of Philadelphia
•
Work at least 40 hours a year
EMPLOYER INFORMATION
•
Employers with 10 or more
employees must provide paid
sick leave.
•
Large chains with employees
who work within the City of
Philadelphia limits must provide
paid sick leave.
•
Employers with 9 or fewer
employees must provide unpaid
sick leave.
Starting
May 13, 2015
employees
who work
at least 40 hours a year within the City of
Philadelphia limits will be eligible to earn
paid/unpaid sick leave.
•
Employees are eligible to earn 1 hour of sick time
for every 40 hours they work.
•
Employers with 10 or more employees are required
to provide paid sick leave. Employers with 9 or
fewer employees are required to provide unpaid
sick leave.
•
A maximum of 40 sick time hours may be earned in
a calendar year. Accrued sick time may be used
after an employee has worked a minimum of 90
days. Accrual begins May 13, 2015 for all current
employees.
•
Earned sick time can be used for the employee’s own
health needs, to care for a family member or for
leave due to domestic abuse or sexual assault.
•
If an employer refuses to provide earned sick time
or retaliates against employees for utilizing sick
time, the employee can make a formal complaint to
the City of Philadelphia’s Sick Leave Agency after
September 2015.
Updated 4/23/2015
EFFECTIVE MAY 13, 2015
FOR MORE INFORMATION- SUBMIT QUESTIONS TO: paidsickleav[email protected]v
Employers must notify employees that they are entitled to sick time, the amount of sick time and
the terms of its legal use.
Promoting Healthy Families and Workplaces
