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CLIENT UPDATE – WINTER 2015
PHILADELPHIA PASSES LAW REQUIRING PAID SICK LEAVE FOR EMPLOYEES
On February 12, 2015 (effective as of May, 2015)
Mayor Michael Nutter signed into law the “Promoting
Healthy Families and Workplace Ordinance” (the
“Ordinance”), which requires certain employers to
provide paid sick leave to certain employees.
Employers that already offer their employees paid time
off probably will not have to provide additional sick
leave, but should review their policies to ensure
compliance with Ordinance. Employers will also have
to ensure that their payroll systems properly track the
accrual and use of sick leave. The Ordinance also
requires a Notice to be posted and included in
handbooks.
To Whom Does The Ordinance Apply?
The Ordinance requires Employers that employ
10 or more Employees within the geographic boundaries
of the City for at least 40 hours in a year to provide
paid sick leave. As such, this could apply to Employers
based outside of the City whose employees regularly
work in the City.
Employers with fewer than 10 Employees are
required to provide unpaid sick leave (this means that
even small employers face potential liability for failing
to allow employees sick leave).
The Ordinance excludes independent
contractors, seasonal workers, adjunct professors,
employees hired for a term of less than six months,
interns, pool employees, state and federal employees
and employees covered by a bona fide collective
bargaining agreement from the definition of Employee.
Accrual Of Sick Leave Under The Ordinance.
The Ordinance requires Employers to provide
one hour of paid sick leave for every 40 hours worked
(or unpaid sick leave for small Employers) within the
City.
Employers may limit the maximum amount of
sick leave taken for a particular year to 40 hours, but
Employers must permit employees to carry forward any
accrued, unused sick leave.
Employees will begin accruing sick leave on
either May or their date of hire, whichever comes first,
and may begin using the leave on the 90th calendar day
after that date.
Employers are not required to pay employees
for unused sick leave upon separation from
employment.
What Constitutes Sick Leave?
Sick Leave may be used for an employee’s
mental or physical illness, care of a family member’s
illness, preventive medical care for an employee or his
or her family member, or absence due to domestic
abuse, sexual assault or stalking. The definition of
“family member” under the Ordinance is more wide-
ranging than the definition under the FMLA, so sick
leave may be protected even if not FMLA-protected.
Employees are expected to provide notice in
advance of the leave when practicable and to make
reasonable efforts not to unduly disrupt an Employer’s
business operations.
After more than two consecutive days of leave,
an Employer may require a doctor’s note, but the
Employer may not require documentation of the nature
of the medical condition.
The Employer may not require an employee to
find their own replacement and may not discipline the
employee for utilizing the sick leave.
What If I Already Provide Paid Time Off To My Employees?
The Employer does not have to provide
additional leave if the existing paid leave policy is
sufficient to meet or exceed the accrual requirements of
the Ordinance and the paid leave may be used for the
same purposes, under the same conditions.
Leave offered under an Employer’s policy may
include vacation days, sick days, short-term disability
benefits, floating holidays, parental leave, personal days
and/or paid time off.
Employers should not simply assume that their
current policy complies with the requirements of the
Ordinance. Review of the current policy in conjunction
with the Ordinance is important. Consult an attorney.
Our attorneys are available to assist you with this
review.
