§ 9-4103. Definitions.

   (1)   Agency means such office as the Mayor shall designate.

   (2)   Domestic abuse is abuse as defined in 23 Pa. C.S. § 6102(a) or domestic violence as defined in Code Section 9-3201. 1342

   (3)   Employee means any individual employed by an employer who performs work within the geographic boundaries of the City of Philadelphia for at least 40 hours in a year; but excluding 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.

   (4)   Employer is as defined in the Act of January 17, 1968, P.L. 11, No. 5, § 3 (43 P.S. § 333.103(g)); except that an employer that employs fewer than ten (10) employees for at least forty (40) weeks in a calendar year shall not be required to provide its employees with paid sick time under the provisions of this Chapter. 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.

   (5)   Employ is as defined in 43 P.S. § 333.103(f).

   (6)   Philadelphia means the geographic boundaries of the City of Philadelphia.

   (7)   Chain establishment means an establishment doing business under the same trade name used by fifteen (15) or more establishments whether such other establishments are located in the City or elsewhere and regardless of the type of ownership of each individual establishment.

   (8)   Family member means:

      (a)   A biological, adopted or foster child, stepchild or legal ward or a child to whom the employee stands in loco parentis;

      (b)   A biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee's spouse or a person who stood in loco parentis when the employee was a minor child;

      (c)   A person to whom the employee is legally married under the laws of Pennsylvania;

      (d)   A grandparent or spouse of a grandparent;

      (e)   A grandchild;

      (f)   A biological, foster, or adopted sibling or spouse of a biological, foster or adopted sibling;

      (g)   A Life Partner as defined in Section 9-1102 of this Code.

   (9)   Health care employee means any person who has full-time or part-time employment within a healthcare organization, including but not limited to hospitals, nursing homes, and home healthcare providers.  1343

   (10)   Health care professional means any person licensed under Federal or Pennsylvania law to provide medical or emergency services, including but not limited to doctors, nurses and emergency room personnel.

   (11)   Intern means a student who is enrolled in an educational institution and who is performing work for that institution, provided that such student shall not be considered an intern for the purposes of this Chapter when working for any employer other than the educational institution in which the student is enrolled.

   (12)   Paid sick time or paid sick days means time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns from the employee's employment at the time the employee uses the paid sick time and is provided by an employer to an employee for the purposes described in Section 9-4105 of this Chapter.

   (13)   Pool employee means any health care professional, other than an employee of a temporary placement agency, who works only when he or she indicates that he or she is available for work and who has no obligation to work when he or she does not indicate availability.

   (14)   Retaliatory personnel action means the discharge, suspension, or demotion by an employer of an employee or any other adverse action taken by an employer against an employee.

   (15)   Seasonal worker means a person who has been hired for a temporary period of not more than sixteen weeks during a calendar year.

   (16)   Sexual assault means any physical sexual contact without the consent of the victim.

   (17)   Sick time means time off from work that is provided by an employer to an employee, whether paid or unpaid, that can be used for the purposes described in Section 9-4105  1344 of this Chapter.

   (18)   Stalking is as defined in subsection 9-3201(7) of this Code.

   (19)   Epidemic means an outbreak of disease that spreads quickly and affects many individuals at the same time.  1345

   (20)   Pandemic means an outbreak of disease that occurs over a wide geographic area and affects an exceptionally high proportion of the population.  1346

 

Notes

1342	Amended, Bill No. 210249 (approved May 11, 2021).
1343	Added and subsequent subsections renumbered, Bill No. 200306 (approved September 9, 2020).
1344	Enrolled bill read "§ 9-3305".
1345	Added, Bill No. 200306 (approved September 9, 2020).
1346	Added, Bill No. 200306 (approved September 9, 2020).