Philadelphia has followed the lead of several other cities, counties and states by instituting a paid sick leave policy for certain employers. The purpose of enacting such a bill is (Source: PDF of the Bill):
- To ensure that workers employed in the City of Philadelphia can address their own health needs and the health needs of their families by requiring employers to provide a minimum level of paid sick days including time for family care;
- To reduce public and private health care costs in the City of Philadelphia by enabling workers to seek early and routine medical care for themselves and their family members;
- To protect workers employed in the City of Philadelphia from losing their jobs while they use sick days to care for themselves or their families
- To assist victims of domestic violence and their family members by providing them with job-protected paid time away from work to allow them to receive treatment and to take the necessary steps to ensure their protection; and
- To safeguard the public welfare, health, safety and prosperity of the people of and visitors to the City of Philadelphia.
A quick overview of the Philadelphia Ordinance “Promoting Healthy Families and Workplaces” – Bill No. 141026 is as follows:
- Employees working at least 40 hours a year within city limits are eligible to earn paid/unpaid leave.
- For employers with 10 or more employees, paid sick time accrues at a rate of 1 hour for every 40 hours worked.
- Employers with fewer than 10 employees must provide 1 hour of unpaid sick time for every 40 hours worked.
- In determining the number of persons employed during a given week, all persons performing work for compensation on a full-time, part-time, or temporary basis shall be counted.
- A chain establishment shall be required to provide paid sick time under this Chapter regardless of the number of employees in that establishment.
- A further definition of “chain” establishment can be found in PDF of the Bill (see link below).
- Employers must review their sick leave policies and adjust as needed to be in compliance as of 5/13/15.
- Employees will begin accruing sick leave on their first day of employment.
- Employees may not use their accrued paid sick time until their 90th day of employment.
A PDF of the Bill with complete accrual and use and other details can be found at the link below:
More Information on the Philadelphia Ordinance:
Another thorough article has been written on this Philadelphia Ordinance by the law firm of Ogletree Deakins. See Philadelphia Mayor Signs New “Promoting Healthy Families and Workplaces” Ordinaance for details that include:
- Accrual and Use
- Requesting and Taking Leave
- Notice, Record Retention, and Impact on Existing Policies
- Enforcement and Protections
Recent Paid Sick Leave Legislation
Although the states of California, Connecticut and Massachusetts have instituted some forms of earned sick and safe leave requirements, only a handful of local jurisdictions have such legislation. Those jurisdictions include the District of Columbia; Montgomery County, Maryland; Jersey City and Newark in New Jersey; New York City; Portland, OR.; San Diego; San Francisco and Seattle.
FosterThomas HR has posted the details for Maryland, Massachusetts and California. See details for those laws below:
Montgomery County, Maryland Paid Sick Leave Legislation Effective 10/1/16
Massachusetts Earned Sick Leave Law Effective 7/1/15
California Healthy Workplace Healthy Family Act/Paid Sick Leave Effective (7/1/15)
Sick Leave Across the Country
The following is taken from DOL website (www.dol.gov) regarding federal sick leave laws. For specific sick leave laws/policies in your state, please contact FosterThomas for assistance.
Currently, there are no federal legal requirements for paid sick leave.
For companies subject to the Family and Medical Leave Act (FMLA), the Act does require unpaid sick leave. FMLA provides for up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee’s immediate family. In many instances paid leave may be substituted for unpaid FMLA leave.
Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.
HR Compliance, HR Management & Consulting
- Do you need assistance in drafting a written notice to your employees regarding your sick leave and PTO policy?
Our exceptional HR Management Solutions are designed to provide complete and continuous HR compliance, guidance, employee cultivation, training and administration. Gain peace of mind, knowing that your unique human resources needs are being taken care of accurately, by your team of HR experts at FosterThomas HR.