[authors: Alexandra Bak-Boychuk, Frank A. Chernak]
The Philadelphia Paid Sick Leave Law goes into effect on July 1, 2012, requiring certain employers to provide paid sick days to eligible full-time employees.
Under the law, full-time workers at employers with 11 or more employees will accrue 56 hours of paid sick time each calendar year, while employees of a smaller business will accrue 32 hours of paid sick time. Employers, of course, may select a higher limit. The law mandates that employees accrue a minimum of one hour of paid sick leave for every 40 hours worked in Philadelphia.
The paid sick time must carry over to the following calendar year; however, an employer may limit the use of paid sick time in each calendar year to 56 hours of paid time for employers with 11 or more employees or 32 hours for smaller businesses. Employees may use paid sick time for themselves or for the care of a family member.
Employers must notify their employees of:
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their entitlement to paid sick time, the amount of paid sick time, and the terms of its use
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the provision barring retaliation against employees who request or use paid sick time
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the right to file a complaint or bring a civil action if sick time is denied or if the employee is retaliated against for requesting or taking paid sick time
Employers must either provide their employees a notice or post these requirements in a conspicuous and accessible place. Employers also must maintain for five years records documenting hours worked by employees and their use of sick time.
Covered employers may apply for a waiver of this requirement to the City’s Office of Labor Standards. In addition, a collective bargaining agreement may waive some or all of the new paid leave requirements.
If you have any questions about the new law or how it affects your leave policies, please contact Frank A. Chernak at 215.864.8234 or chernakf@ballardspahr.com, Alexandra Bak-Boychuk at 215.864.8123 or bakboychuka@ballardspahr.com, or the member of Ballard Spahr’s Labor and Employment Group with whom you work.
