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The purposes of this Chapter are:
(1) 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;
(2) 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;
(3) 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;
(4) 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;
(5) To safeguard the public welfare, health, safety and prosperity of the people of and visitors to the City of Philadelphia; and
(6) To accomplish the purposes described in subsections (1) - (5) in a manner that is feasible for employers and that does not require employers to provide any additional paid time to their employees if they already provide the same amount of paid time off that can be used for the same purposes and under the same conditions as required in this Ordinance.
(1) Agency means such office as the Mayor shall designate.
(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.
(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
Section 9-4103 - Recent Amendment | This section has been amended by Bill No. 240932 (approved December 23, 2024). |
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1344 | Enrolled bill read "§ 9-3305". |
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(1) All employees as defined in this Chapter have the right to sick time as provided herein.
(a) All employers that employ ten or more employees shall provide paid sick time to their employees in accordance with the provisions of this Chapter.
(b) All employees not entitled to paid sick time pursuant to this Chapter shall be entitled to unpaid sick time in accordance with the provisions of this Chapter.
(2) All employees shall accrue a minimum of one hour of sick time for every 40 hours worked in Philadelphia. Employees will not accrue more than 40 hours of sick time in a calendar year, unless the employer selects a higher limit.
(3) Employees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1) of the Federal Fair Labor Standards Act will be assumed to work 40 hours in each work week for purposes of sick time accrual unless their normal work week is less than 40 hours, in which case sick time accrues based upon that normal work week.
(4) Sick time as provided in this Section shall begin to accrue on the effective date of this Ordinance, as to an employee who is employed as of such effective date. An employee who becomes employed after such effective date shall begin to accrue paid sick time at the commencement of his or her employment.
(5) Employees shall be entitled to use accrued sick time beginning on the 90th calendar day following commencement of their employment. After the 90th calendar day of employment, employees may use sick time as it is accrued.
(6) Sick time shall be carried over to the following calendar year unless the employer provides at least 40 hours of sick time at the beginning of each calendar year. An employee's use of sick time provided under this Chapter in each calendar year shall not exceed 40 hours, unless the employer chooses to provide a higher limit.
(7) Any employer with a paid leave policy, who makes available an amount of paid leave (including but not limited to vacation days, sick days, short-term disability benefits, floating holidays, parental leave, personal days, or PTO), sufficient to meet or exceed the accrual requirements of this Section, and that may be used for the same purposes and under the same conditions as sick time under this Chapter, is not required to provide additional sick time.
(8) The requirements of this Chapter shall not apply to an employer with respect to those employees who are covered by a bona fide collective bargaining agreement, except to the extent specifically provided. 1347
(9) Nothing in this Section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued sick time that has not been used.
(10) At its discretion, the employer may loan sick time to the employee in advance of accrual by such employee.
Notes
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