Overview of Paid Sick Time Laws in the United States:
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Allegheny County, PA | Philadelphia, PA | Pittsburgh, PA | |
Who is covered? Note: City/county paid sick time laws cannot cover state government workers, and city, county, and state paid sick time laws cannot cover federal government workers. | Workers employed by an employer situated or doing business in Allegheny County that has 26 or more employees. The following workers are exempted: independent contractors, State and Federal employees, and seasonal employees (hired for a temporary period of not more than 16 weeks per calendar year and notified in writing at the time of hire of the beginning and end dates of the seasonal period). | Workers employed in Philadelphia for at least 40 hours in a calendar year are covered. The following workers are exempted: independent contractors; seasonal workers (hired for a temporary period of not more than 16 weeks a year); adjunct professors; interns (students working for the institution where enrolled); workers hired for a term of less than 6 months; and health care professionals who only work when indicating they are available and have no obligation to work when they do not indicate availability. | Workers employed in Pittsburgh are covered. Independent contractors and seasonal workers (those hired for a temporary period of not more than 16 weeks and given written notification at time of hire that employment is limited to beginning/end of seasonal dates as determined by employer) are exempted. |
Can sick time be used to care for loved ones? | Yes: children; parents; parents of a spouse or domestic partner; spouses; grandparents; spouses or domestic partners of grandparents; grandchildren; siblings; domestic partners; or an individual the employer has permitted the worker to care for at the time the worker requested to use sick time. | Yes: children; parents; parents-in-law; spouses; grandparents; the spouse of a grandparent; grandchildren; siblings; the spouse of a sibling; and a life partner (a long-term committed relationship between two unmarried individuals of the same sex or gender identity who meet certain, specified requirements) | Yes: children; parents; parents of a spouse or domestic partner; spouses; domestic partners; grandchildren; grandparents; the spouse or domestic partner of a grandparent; siblings; and any individual for whom the worker received oral permission from the employer to care for at the time of the worker’s request to make use of sick time |
How is “child” defined? | Biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child to whom the employee stands in loco parentis. | Biological, adopted or foster children, stepchildren, legal wards, or the child of a worker standing in loco parentis to the child | Biological, adopted, or foster child, stepchild, legal ward, child of a domestic partner, or child of a worker standing in loco parentis to the child |
Can sick time be used for specific “safe time” purposes (related to domestic violence, sexual assault, or stalking)? | No. | Yes, when the worker or the worker’s family member is the victim | No |
Can sick time be used under the law to bond with a new child and/or deal with a family member’s death? Note: It is possible that other laws, such as the Family and Medical Leave Act or a state equivalent, could provide eligible workers with unpaid leave for these purposes. | No. | No | No |
Can sick time be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency? | Yes. | No | Yes |
Rate at which workers earn paid sick time? | 1 hour per 35 hours worked within Allegheny County | 1 hour for every 40 hours worked (for both paid and unpaid sick time, as described below) | 1 hour for every 35 hours worked |
Do workers have different sick time-related rights based on the size of their employer? If so, based on what employer-size threshold(s)? | Yes, workers who work for employers with fewer than 26 employees are exempt. | Yes. Workers in businesses with 10 or more workers can earn up to 40 hours of paid sick time per year. Workers in businesses with fewer than 10 workers can earn up to 40 hours of unpaid, job-protected sick time per year. Certain chain establishments must provide paid sick time regardless of the number of workers in an establishment. | Yes. Workers in businesses with 15 or more workers can earn up to 40 hours of paid sick time per year. Workers in businesses with fewer than 15 workers can earn up to 24 hours of paid sick time per year. |
Amount of paid sick time that can be earned under the law per year? (Note: All of these paid sick time laws make it clear that these laws establish a minimum requirement, and employers can provide greater or more generous paid sick time benefits to their workers.) | Up to 40 hours per year. | Workers in businesses with 10 or more workers: up to 40 hours a year. Workers in businesses with fewer than 10 workers: up to 40 hours of unpaid, job-protected sick time a year. Certain chain establishments must provide paid sick time regardless of the number of workers in an establishment. | Workers in businesses with 15 or more workers: up to 40 hours a year. Workers in businesses with fewer than 15 workers: up to 24 hours a year, although in the first year after the law goes into effect, this time will be unpaid (thereafter it will be 24 hours of paid sick time a year for workers in these small businesses). |
When do workers begin to earn paid sick time? | On December 15, 2021 or at the commencement of employment, whichever is later. Workers can begin to use accrued paid sick time after 90 days from the start of employment. | At the commencement of employment, but workers aren’t entitled to use sick time until after 90 calendar days of employment. | At the commencement of employment, but workers aren’t entitled to use sick time until the 90th calendar day after employment commenced. |
Does unused sick time carry forward to the subsequent year? | Workers are entitled to carry forward unused paid sick time, but employers do not have to allow the use of more than 40 hours of sick time per year. Carry forward is not required if the employer provides at least 40 hours of paid sick time at the beginning of the calendar year. | Workers are entitled to carry forward unused sick time, but employers are not required to allow use of more than 40 hours of sick time per year. Carry forward isn’t required if the employer chooses to provide at least 40 hours of sick time at the beginning of each calendar year. | Workers are entitled to carry forward unused sick time, but employers aren’t required to allow use of more than 40 hours of paid sick time a year (for businesses with 15 or more workers) or more than 24 hours of sick time a year (for businesses with fewer workers). Carry forward is not required if the employer provides the worker with an amount of paid sick time that meets or exceeds the law’s requirement on the first day of the subsequent year. |
Private Right of Action to go to Court? | No. | Yes. Can go directly to court in the first 120 days after May 13, 2015, the law's effective date. After that, workers may go to Court only after receiving a final decision from the agency or 180 days after filing a complaint, whichever is earlier. | No |
Are there waivers/ exemptions for workers covered by a valid Collective Bargaining Agreement (CBA)? | Yes, an employer with a collective bargaining agreement that makes available enough paid leave to meet the requirements of the ordinance and which can be used for the same purposes and under the same conditions does not need to provide additional sick time. | The law’s provisions do not apply to workers covered by a bona fide CBA. | Members of a construction union covered by a collective bargaining unit are exempted. |
What Agency or Official Enforces the Law? | Allegheny County Health Department | The Mayor's Office of Labor, Office of Benefits and Wage Compliance | The Office of the City Controller or a Department or entity designated by the Mayor’s Office |
For the statewide paid sick time laws: can cities in the state pass paid sick time laws that are broader than the state law? | N/A | N/A | N/A |
Statutory Citation(s) | Allegheny County Health Department Rules and Regulations, art. XXIV, § 2401 et seq. | Philadelphia Code § 9-4101 et seq. | Pittsburgh Code § 626 et seq. |
Additional Notes | Allegheny County’s paid sick time ordinance was enacted on Sept. 15, 2021, and went into effect on December 15, 2021. Note that although the County’s Paid Sick Leave Ordinance is active and enforceable, fines will not be imposed for violations until one year after the December 15, 2021 effective date. For more information, see https://alleghenycounty.us/administrative/paid-sick-leave.aspx | For more information, see https://www.phila.gov/services/working-jobs/paid-sick-leave/. | On August 3, 2015, the Pittsburgh City Council passed a paid sick time law by a vote of 7-1. Opponents challenged its legality in court, temporarily blocking it from taking effect. In July 2019, after nearly four years of litigation, the Pennsylvania Supreme Court upheld the law. The law took effect on March 15, 2020. For more information on Pittsburgh’s law, see https://pittsburghpa.gov/mayor/paidsickleave. |