Philadelphia’s Paid Sick Leave: What You Need to Know
Philadelphia’s paid sick leave law allows employees to earn and use sick time to care for themselves or a family member. The law, which went into effect in 2011, is designed to provide economic security and promote public health by allowing workers to stay home when sick without fear of losing their jobs or income. It applies to most employees working in the city for at least 40 hours per week.
Who is Covered by Philadelphia’s Paid Sick Leave Law?
The Philadelphia Paid Sick Leave law covers nearly all employees who work within the city limits for at least 40 hours a week. This includes full-time, part-time, and temporary employees. Certain very small businesses with fewer than 10 employees may be exempt, as well as independent contractors.
How is Sick Time Accrued?
Eligible employees accrue one hour of paid sick time for every 40 hours worked. Employees can accrue up to a maximum of 40 hours of sick time per year. For businesses with 10 or more employees, the maximum accrual is 40 hours per year.
How Can Sick Time Be Used?
Employees can use accrued sick time for their own illness, injury, or medical appointment. They can also use it to care for a family member who is ill, injured, or needs medical care. “Family member” is broadly defined and includes children, parents, spouses, domestic partners, grandparents, grandchildren, and siblings, as well as the children and parents of the employee’s spouse or domestic partner. For details, you can consult Philadelphia Paid Sick Leave Ordinance on Wikipedia.
Employer Responsibilities
Employers are required to display a poster informing employees of their rights under the Paid Sick Leave law. They must also keep accurate records of sick time accrued and used by employees. Retaliation against an employee for using or requesting sick time is prohibited.
What Happens If an Employer Violates the Law?
If an employer violates the Paid Sick Leave law, an employee can file a complaint with the Philadelphia Department of Labor. The Department may investigate the complaint and order the employer to pay back wages, penalties, and other remedies.
Frequently Asked Questions
Can I use paid sick leave for mental health reasons?
Yes, you can use paid sick leave for mental health reasons, whether it’s for your own mental health or to care for a family member’s mental health.
What if my employer doesn’t offer paid sick leave?
If your employer is covered by the Philadelphia Paid Sick Leave law and doesn’t offer paid sick leave, you can file a complaint with the Philadelphia Department of Labor.
Can my employer ask for a doctor’s note?
An employer can only request a doctor’s note if an employee uses sick leave for more than three consecutive workdays.
Does my accrued sick leave carry over to the next year?
Yes, unused sick leave can carry over to the next year, but the total amount of accrued sick time cannot exceed 40 hours per year for businesses with 10 or more employees.
Can I use sick time before I’ve worked for a certain period of time?
Employees typically become eligible to use accrued sick time after 90 days of employment.
In Summary
Philadelphia’s Paid Sick Leave law ensures that most employees working in the city have the right to earn and use paid sick time for themselves or their families. This law aims to promote both worker well-being and public health by providing a safety net for those who need to take time off due to illness. Understanding your rights and responsibilities under this law is crucial for both employees and employers in Philadelphia.