Loading...
(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
1347 |
(1) Accrued paid sick time shall be provided to an employee by an employer for:
(a) An employee's mental or physical illness, injury or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; an employee's need for preventive medical care;
(b) Care of a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive medical care; or
(c) Absence necessary due to domestic abuse, sexual assault or stalking, provided the leave is to allow the employee to obtain for the employee or the employee's family member:
(.1) Medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence or stalking;
(.2) Services from a victim services organization;
(.3) Psychological or other counseling;
(.4) Relocation due to the domestic or sexual violence or stalking; or
(.5) Legal services or remedies, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic or sexual violence.
(2) Accrued sick time shall be provided upon the oral or written request of an employee. When possible, the request shall include the expected duration of the absence.
(3) When the need for sick time is known to the employee in advance, such as for a scheduled appointment with a health care provider, the employee shall provide notice of the need for such time to the employer in advance of the use of the sick time and shall make a reasonable effort to schedule the use of sick time in a manner that does not unduly disrupt the operations of the employer. For all other absences, the employee shall notify the employer before the start of the employee's scheduled work hours, or as soon as practicable if the need arises immediately before or after the employee has reported for work.
(4) Accrued sick time may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time.
(5) For sick time of more than two (2) consecutive days, an employer may require reasonable documentation that the sick time is covered by subsection (1). For absences due to the purposes described in subsections 9-4105(1)(a) and (b), documentation signed by a heath care professional indicating that sick time is necessary shall be considered reasonable documentation. For absences due to the purposes described in subsection 9-4105(1)(c), documentation signed by a health care professional; a police report indicating that the employee was a victim of domestic abuse, stalking or sexual assault; a court order; or a signed statement from a representative of a victim services organization as defined in Section 9-3201 of this Code, affirming that the employee was a victim of domestic abuse, stalking or sexual assault shall be considered reasonable documentation. An employer may not require that the documentation explain the nature of the illness or the details of the violence.
(6) An employer may not require, as a condition of providing sick time under this Chapter, that the employee search for or find a replacement worker to cover the hours during which the employee is on sick time.
(1) It shall be unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Chapter.
(2) An employer shall not take retaliatory personnel action or discriminate against an employee because the employee has exercised rights protected under this Chapter. Such rights include but are not limited to the right to use sick time pursuant to this Chapter; the right to file a complaint or inform any person about any employer's alleged violation of this Chapter; the right to cooperate with the Agency in its investigations of alleged violations of this Chapter; and the right to inform any person of his or her potential rights under this Chapter.
(3) It shall be unlawful for an employer's absence control policy to count sick time taken under this Chapter as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action; provided, however, that nothing in this subsection shall prevent an employer from taking an action against an employee who uses sick time under this Chapter for purposes other than those enumerated in subsection 9-4105(1).
(4) Protections of this Section shall apply to any person who mistakenly but in good faith alleges violations of this Chapter.
(5) There shall be a rebuttable presumption of unlawful retaliation under this Section whenever an employer discharges, suspends, demotes, or takes other adverse action against a person within 90 days of when that person:
(a) files a complaint with the Agency or a court alleging a violation of any provision of this Chapter;
(b) informs any person about an employer's alleged violation of this Chapter;
(c) cooperates with the Agency or other persons in the investigation or prosecution of any alleged violation of this Chapter; or
(d) opposes any policy, practice, or act that is unlawful under this Chapter.
(1) Employers shall give notice that employees are entitled to sick time, the amount of sick time, and the terms of its use guaranteed under this Chapter; that retaliation against employees who request or use sick time is prohibited and that each employee has the right to file a complaint or bring a civil action if sick time as required by this Chapter is denied by the employer or the employee is retaliated against for requesting or taking sick time. This information shall also be included in any employee handbooks that are distributed to employees.
(2) Employers shall comply with this Section by either (a) supplying each of their employees with a notice in English and in any language that is the first language spoken by at least five percent (5%) of the employer's workforce that contains the information required in subsection (1); or (b) displaying a poster in a conspicuous and accessible place in each establishment where such employees are employed which contains in English and in any language that is the first language spoken by at least five percent (5%) of the employer's workforce, all information required under subsection (1).
(3) The Agency shall create and make available to employers posters that contain the information required under subsection (1) for their use in complying with this subsection.
(4) An employer who willfully violates the notice and posting requirements of this Section shall be subject to a civil fine in an amount not to exceed one hundred dollars ($100) for each separate offense.
Employers shall commence keeping records documenting hours worked by employees, sick time taken by employees and payment made to employees for the sick time if payment was made upon the effective date of this Chapter, shall retain such records for a period of two years, and shall allow the Agency access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Chapter. When an issue arises as to an employee's entitlement to sick time under this Chapter, if the employer does not maintain or retain adequate records documenting hours worked by the employee and sick time taken by the employee, or does not allow the Agency reasonable access to such records, it shall be presumed that the employer has violated the Chapter, absent clear and convincing evidence otherwise.
The Agency is authorized to coordinate implementation, administration, and enforcement of this Chapter and shall promulgate appropriate guidelines or regulations for such purposes, and for the purposes of establishing procedures for the filing, investigation, and resolution of complaints regarding alleged violations of this Chapter.
(1) An employee or other person may report to the Agency any suspected violation of this Chapter.
(2) The Agency is authorized to take such steps as deemed appropriate to resolve complaints and enforce this Chapter, including, but not limited to, establishing a system to receive complaints regarding non-compliance with this Chapter, investigating alleged violations in a timely manner, and resolving complaints through mediation.
(3) Any person alleging a violation of this Chapter shall file a complaint with the Agency within a year of the date the person knew or should have known of the alleged violation. The Agency shall maintain confidential the identity of any complainant unless disclosure of such complainant's identity is necessary for resolution of any investigation by the Agency, or otherwise required by law. The Agency shall, to the extent practicable, notify such complainant that the Agency will be disclosing his or her identity prior to such disclosure.
(4) Upon receiving a complaint alleging a violation of this Chapter, the Agency shall investigate such complaint and, if appropriate, attempt to resolve it through mediation. The Agency shall keep complainants reasonably notified regarding the status of their complaint and any resulting investigation and shall notify complainants of any final decision of the Agency, including any mediation result, with respect to the complaint. Whenever the Agency finds that a violation of this Chapter has occurred, it shall issue to the offending employer a notice of violation, and offer the employer a chance to remedy the violation within sixty (60) days of the issuance of the notice of violation.
(5) The Agency shall have the power to impose penalties and fines for violation of this Chapter and to provide or obtain appropriate relief, including reinstatement. It shall be a Class II offense under subsection 1-109(2) of this Code whenever (i) sick time is taken by an employee and is not compensated by the employer as required by this Chapter; (ii) sick time is requested by an employee but unlawfully denied by the employer and not taken by the employee; or (iii) an employee is retaliated against in any way other than discharge from employment. It shall be a Class III offense under subsection 1-109(3) for an employer to discharge an employee in retaliation for activity protected under this Chapter. Remedies shall include full restitution to the employee for lost wages and benefits.
(6) The Agency, the City Solicitor, any person aggrieved by a violation of this Chapter, or any entity a member of which is aggrieved by a violation of this Chapter may bring a civil action in a court of competent jurisdiction against an employer violating this Chapter, except that a person aggrieved by a violation of this Chapter shall first file a complaint with the Agency as provided in this Section 9-4110, and shall have the right to bring a civil action after receiving notification of a final decision from the Agency, or 180 days after filing the complaint if no final decision has been rendered by the Agency within that time. Notwithstanding the preceding sentence, for the first 120 days after the effective date of the ordinance enacting this Chapter, any such action may be brought without first filing an administrative complaint, unless the Agency shortens such period by regulation.
(a) Upon prevailing in an action brought pursuant to this Section, an aggrieved person shall recover the full amount of any unpaid sick time to which he or she would have been entitled under this Chapter, any wages and benefits lost or other damages suffered as the result of the employer's violation of this Chapter, and an equal amount, up to a maximum of two thousand dollars ($2,000), as liquidated damages. An aggrieved person shall also be entitled to reasonable attorney's fees.
(b) Upon prevailing in an action brought pursuant to this Section, an aggrieved person shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, including, without limitation, reinstatement in employment, back pay and injunctive relief.
(c) The City Solicitor may bring a civil action to enforce this Chapter. The City Solicitor may seek injunctive relief. In addition to injunctive relief, or in lieu thereof, for any employer or other person found to have willfully violated this Chapter, the City Solicitor may seek to impose a fine payable to the City.
(d) The limitations period for a civil action brought pursuant to this Section shall be two (2) years from the date the alleged violation occurred.
(e) An action pursuant to this Section may be brought as a class action pursuant to the laws of Pennsylvania.
An employer may not require disclosure of details relating to domestic abuse, sexual assault or stalking or the details of an employee's medical condition or the medical condition of an employee's family member as a condition of providing sick time under this Chapter. If an employer possesses health information or information pertaining to domestic abuse, sexual assault or stalking about an employee or employee's family member, such information shall be treated as confidential in accordance with Pennsylvania state laws and Federal laws and not disclosed except to the affected employee or with the permission of the affected employee. This provision shall not apply if compliance would cause an employer to violate any other law, regulation or licensing standard.
Loading...