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Philadelphia Overview
The Philadelphia Code
PHILADELPHIA HOME RULE CHARTER
THE PHILADELPHIA CODE
TITLE 1. GENERAL PROVISIONS
TITLE 2. CITY-COUNTY CONSOLIDATION
TITLE 3. AIR MANAGEMENT CODE
TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
TITLE 4.1. ELECTRICAL CODE
TITLE 4.2. PROPERTY MAINTENANCE CODE
TITLE 5. FIRE PREVENTION CODE
TITLE 6. HEALTH CODE
TITLE 7. HOUSING CODE
TITLE 8. PLUMBING CODE
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
CHAPTER 9-100. GENERAL PROVISIONS
CHAPTER 9-200. COMMERCIAL ACTIVITIES ON STREETS
CHAPTER 9-300. COMMUNICATION
CHAPTER 9-400. CARRIERS
CHAPTER 9-500. BOILERS, FUEL, HEAT AND REFRIGERATION
CHAPTER 9-600. SERVICE AND OTHER BUSINESSES
CHAPTER 9-700. AMUSEMENT BUSINESSES
CHAPTER 9-800. LANDLORD AND TENANT
CHAPTER 9-900. PROFESSIONS
CHAPTER 9-1000. TRADES
CHAPTER 9-1100. FAIR PRACTICES ORDINANCE: PROTECTIONS AGAINST UNLAWFUL DISCRIMINATION
CHAPTER 9-1200. CONDOMINIUM AND COOPERATIVE CONVERSIONS
CHAPTER 9-1300. INSPECTION BUSINESSES
CHAPTER 9-1400. WEIGHTS AND MEASURES
CHAPTER 9-1500. NOTIFICATION OF INTENTION TO CLOSE OR RELOCATE OPERATIONS
CHAPTER 9-1600. PROHIBITION AGAINST UNLAWFUL EVICTION PRACTICES
CHAPTER 9-1700. REQUIRED POLICY FOR EMPLOYERS WITHIN THE CITY OF PHILADELPHIA REGARDING ASPECTS OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
CHAPTER 9-1800. PROTECTING PHILADELPHIA'S RESTAURANTS DURING THE COVID-19 PANDEMIC
CHAPTER 9-1900. FIRE INSURANCE ESCROW ACCOUNTS: MUNICIPAL CERTIFICATE REQUIRED PRIOR TO PAYMENT OF FIRE LOSS CLAIMS
CHAPTER 9-2000. SALE OF MALT OR BREWED BEVERAGES
CHAPTER 9-2100. CIGARETTE VENDING MACHINES
CHAPTER 9-2200. EXPEDITERS
CHAPTER 9-2300. PROTECTION OF DISPLACED SERVICE EMPLOYEES
CHAPTER 9-2400. PROHIBITION AGAINST PREDATORY LENDING PRACTICES
CHAPTER 9-2500. FIRE SUPPRESSION SYSTEM WORKERS
CHAPTER 9-2600. PLANNED EVENT PERMITS
CHAPTER 9-2700. SALES OF ALCOHOL; VERIFICATION OF AGE
CHAPTER 9-2800. UNIVERSITIES, PROPERTY OWNERS OR MANAGERS AND STUDENTS
CHAPTER 9-2900. TAKE-OUT SALE OF MALT AND BREWED BEVERAGES
CHAPTER 9-3000. SHEET METAL TECHNICIAN
CHAPTER 9-3100. USE OF MERCURY IN DENTISTRY
CHAPTER 9-3200. ENTITLEMENT TO LEAVE DUE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING
CHAPTER 9-3300. USE AND INSPECTION OF TOWER AND MOBILE CRANES IN CONSTRUCTION
CHAPTER 9-3400. ENERGY CONSERVATION
CHAPTER 9-3500. FAIR CRIMINAL RECORD SCREENING STANDARDS
CHAPTER 9-3600. AGENTS AND SHERIFF'S SALES
CHAPTER 9-3700. BOUNCERS
CHAPTER 9-3800. ELECTRIC FENCES
CHAPTER 9-3900. PROPERTY LICENSES AND OWNER ACCOUNTABILITY
CHAPTER 9-4000. AUTOMATED PURCHASING MACHINES
CHAPTER 9-4100. PROMOTING HEALTHY FAMILIES AND WORKPLACES
CHAPTER 9-4200. DONATION BINS
CHAPTER 9-4300. WAGE THEFT COMPLAINTS
CHAPTER 9-4400. RESPONSIBLE BUSINESS OPERATIONS
CHAPTER 9-4500. PROTECTIONS FOR DOMESTIC WORKERS
CHAPTER 9-4600. FAIR WORKWEEK EMPLOYMENT STANDARDS
CHAPTER 9-4700. WRONGFUL DISCHARGE FROM PARKING EMPLOYMENT
CHAPTER 9-4800. RESPONSIBILITIES CONCERNING BED BUG INFESTATION
CHAPTER 9-4900. PROHIBITION ON USE OF CERTAIN BAGS BY RETAIL ESTABLISHMENTS
CHAPTER 9-5000. EMPLOYEE PROTECTIONS IN CONNECTION WITH COVID-19 EMERGENCY HEALTH ORDER
CHAPTER 9-5100. FOOD DELIVERY SERVICES
CHAPTER 9-5200. RESIDENTIAL PROPERTY WHOLESALERS
CHAPTER 9-5300. TRAVEL AND HOSPITALITY WORKER RECALL AND RETENTION
CHAPTER 9-5400. RETENTION OF HOTEL WORKERS
CHAPTER 9-5500. PROHIBITION ON TESTING FOR MARIJUANA AS A CONDITION FOR EMPLOYMENT
CHAPTER 9-5600. WORKFORCE AND CAREER PATHWAYS INFORMATION SHEET
CHAPTER 9-5700. LEASING OF COMMERCIAL PROPERTY
CHAPTER 9-5800. TANGLED TITLE DISCLOSURE
CHAPTER 9-5900. PROHIBITION ON CERTAIN GAMING AND SKILL-BASED DEVICES
CHAPTER 9-6000. EMPLOYEE COMMUTER TRANSIT BENEFIT PROGRAMS
CHAPTER 9-6100. MOTOR VEHICLE SALVAGING, DISMANTLING, RECYCLING, OR REPAIRING
CHAPTER 9-6200. TRESPASSING IN RETAIL ESTABLISHMENTS
CHAPTER 9-6300. CONSUMER PROTECTION ORDINANCE
CHAPTER 9-6400. OPERATION AND MAINTENANCE OF ELECTRIC VEHICLE CHARGING STATIONS
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
TITLE 11. STREETS
TITLE 12. TRAFFIC CODE
TITLE 13. WATER AND SEWER
TITLE 14. ZONING AND PLANNING
TITLE 15. PARKS AND RECREATION
TITLE 16. PUBLIC PROPERTY
TITLE 17. CONTRACTS AND PROCUREMENT
TITLE 18. COMMERCE AND AVIATION
TITLE 19. FINANCE, TAXES AND COLLECTIONS
TITLE 20. OFFICERS AND EMPLOYEES
TITLE 21. MISCELLANEOUS
TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
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§ 9-3203. Notice.
   The employee shall provide the employer with at least 48 hours' advance notice of the employee's intention to take the leave, unless providing such notice is not practicable. When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, within forty five (45) days after the employer requests certification, provides such certification under Section 9-3204.
§ 9-3204. Certification.
   (1)   In general. The employer may require the employee to provide certification to the employer that:
      (a)   the employee or the employee's family or household member is a victim of domestic violence, sexual assault, or stalking; and
      (b)   the leave is for one of the purposes enumerated in subsection 9-3202(1).
   The employee shall provide such certification to the employer within forty-five (45) days after the employer requests certification.
   (2)   Contents. An employee may satisfy the certification requirement of subsection (1) by providing to the employer a sworn statement of the employee along with at least one of the following described documents which corroborate the employee's certification:
      (a)   documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence, sexual assault, or stalking or the effects of the violence; or
      (b)   a police or court record; or
      (c)   other corroborating evidence.
§ 9-3205. Confidentiality.
   All information provided to the employer pursuant to the terms of this Chapter, including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained leave pursuant to this Chapter, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:
   (1)   requested or consented to in writing by the employee; or
   (2)   otherwise required by applicable federal, state or local law.
§ 9-3206. Employment and Benefits.
   (1)   Restoration to position.
      (a)   In general. Any employee who takes leave under this Chapter for the intended purpose of the leave shall be entitled, on return from such leave:
         (.1)   to be restored by the employer to the position of employment held by the employee when the leave commenced; or
         (.2)   to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
      (b)   Loss of benefits. The taking of leave under this Chapter shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
      (c)   Limitations. Nothing in this subsection shall be construed to entitle any restored employee to:
         (.1)   the accrual of any seniority or employment benefits during any period of leave; or
         (.2)   any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
      (d)   Construction. Nothing in this Chapter shall be construed to prohibit an employer from requiring an employee on leave under this Chapter to report periodically to the employer on the status and intention of the employee to return to work.
   (2)   Maintenance of health benefits.
      (a)   Coverage. Except as provided in subsection (b), during any period that an employee takes leave under this Chapter, the employer shall maintain coverage for the employee and any family or household member under any group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.
      (b)   Failure to return from leave. The employer may recover the premium that the employer paid for maintaining coverage for the employee and the employee's family or household member under such group health plan during any period of leave under this Chapter if:
         (.1)   the employee fails to return from leave under this Chapter after the period of leave to which the employee is entitled has expired; and
         (.2)   the employee fails to return to work for a reason other than the continuation, recurrence, or onset of domestic violence, sexual assault, or stalking that entitles the employee to leave pursuant to this Chapter.
      (c)   Certification.
         (.1)   Issuance. An employer may require an employee who claims that the employee is unable to return to work because of a reason described in subsection (b)(.2) to provide, within forty-five (45) days after making the claim, certification to the employer that the employee is unable to return to work because of that reason.
         (.2)   Contents. An employee may satisfy the certification requirement of subsection (.1) by providing to the employer:
            (.a)   documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee has sought assistance in addressing domestic violence, sexual assault, or stalking or the effects of that violence;
            (.b)   a police or court record; or
            (.c)   other corroborating evidence.
§ 9-3207. Prohibited Acts.
   (1)   Interference with rights.
      (a)   Exercise of rights. It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this Chapter.
      (b)   Employer discrimination. It shall be unlawful for any employer to discharge or harass any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment of the individual (including retaliation in any form or manner) because the individual:
         (.1)   exercised any right provided under this Chapter; or
         (.2)   opposed any practice made unlawful by this Chapter.
   (2)   Interference with proceedings or inquiries. It shall be unlawful for any person to discharge or in any other manner discriminate (as described in subsection (1)(b)) against any individual because such individual:
      (a)   has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Chapter;
      (b)   has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Chapter; or
      (c)   has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Chapter.
§ 9-3208. Existing Leave Usable for Addressing Domestic Violence, Sexual Assault, or Stalking.
   An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment, pursuant to federal, state, or local law, a collective bargaining agreement, or an employment benefits program or plan, may elect to substitute any period of such leave for an equivalent period of leave provided under Section 9-3202. If an employee exercises his or her rights to substitute other categories of leave time under this Section, the amount of such substituted leave taken by said employee shall be subtracted from the leave time said employee is entitled to under Section 9-3202.
§ 9-3209. Notification.
   Every employer in the City shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted and on the employer's public and internal websites, if such exist, in locations where employment related notices are customarily posted online, a notice, to be prepared or approved by the Philadelphia Commission on Human Relations, summarizing the requirements of this Chapter and information pertaining to the filing of a charge. The notice shall include the contact information of organizations which provide free assistance to victims of domestic violence, sexual assault or stalking, and shall encourage employees to seek assistance from such organizations in complying with the terms of this Chapter. The Philadelphia Commission on Human Relations shall furnish copies of summaries and rules to employers upon request without charge and shall publish these documents on the City's official website.
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