Find out more about your right to paid sick time in Philadelphia, Pennsylvania below.
1) What does the Philadelphia Paid Sick Time law do?
It gives workers up to 40 hours of sick time a year, which can be used to recover from physical/mental illness or injury; to seek medical diagnosis, treatment, or preventative care; to care for a family member who is ill or needs medical diagnosis, treatment, or preventative care; or to address needs that may arise if the worker or a family member is a victim of domestic violence, a sexual offense, or stalking.
Pursuant to regulations, sick time under Philadelphia’s sick time law can also be used for certain COVID-19 related reasons, including:
- Receiving preventive care or being evaluated for possible COVID-19;
- Self-quarantining as recommended by a health care provider or pursuant to current recommendations issued by the Philadelphia Department of Public Health or the U.S. Center for Disease Control;
- Caring for a family member whose school, daycare, adult care facility, or other care facility (where care would otherwise be provided for the family member) is closed;
- Remaining at home because their workplace is closed as the result of a requirement by the Governor, the Pennsylvania Secretary of Health, the Mayor, or the Health Commissioner;
- When the worker or a family member is unable to report to work because of travel restrictions due to a requirement by the Governor, the Pennsylvania Secretary of Health, the Mayor, or the Health Commissioner; or
- For the worker or a family member to receive or recover the a COVID-19 vaccine (including a booster) or to receive a COVID-19 test.
Note: From September 17, 2020—December 31, 2020, March 29, 2021—June 10, 2021, and March 9, 2022—December 31, 2023 public health emergency leave laws may have provided certain workers with similar additional sick time rights in relation to COVID-19. For more information, see the expired laws here, here, and here.
Furthermore, beginning September 9, 2020, during a pandemic or epidemic affecting Philadelphia (declared by the World Health Organization, the Centers for Disease Control and Prevention, or another recognized public interest health organization), certain healthcare workers who contract the pandemic- or epidemic-related disease will be reimbursed for related medical expenses and regular lost wages for the days they’re unable to work. For more information from the City of Philadelphia, click here.
2) Am I covered?
If you work as an employee in Philadelphia for at least 40 hours in a calendar year, you are probably covered, whether you are a full-time or part-time worker. However, the law does not cover federal and state employees, 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, health care professionals who only work when indicating they are available and have no obligation to work when they do not indicate availability, and workers covered by a bona fide collective bargaining agreement.
Additionally, if you work for a healthcare organization (including but not limited to a hospital, nursing home, or home healthcare provider), or are a healthcare “pool employee,” and you worked for your employer for at least 40 hours in the three months prior to contracting the pandemic- or epidemic-related disease, you are probably eligible for the pandemic- or epidemic-related wage and medical expense reimbursements mentioned above (see Question #1). Under this Philadelphia law, a “pool employee” is defined as a person licensed under Federal or Pennsylvania law to provide medical or emergency services who works only when indicating availability for work and has no obligation to work when the individual doesn’t indicate availability, but does not include an employee of a temporary placement agency.
3) How much sick time can I earn?
You earn 1 hour of sick time for every 40 hours worked, up to a maximum of 40 hours per year. If your workplace has 10 or more workers, that time must be paid. If your workplace has fewer than 10 workers, your sick time may be unpaid—but you can’t be fired or punished for taking it. Certain chain establishments must provide paid sick time regardless of the numbers of workers in an establishment.
During a pandemic or epidemic, healthcare workers and pool employees that contract the pandemic- or epidemic-related disease can seek reimbursement as discussed in Question #1 for as long as the worker is unable to work.
All covered employees are protected against being fired or punished for using or requesting their sick time (including threats, discipline, demotion, reduction in hours, termination, etc.).
4) What if my work or my child’s school or daycare is closed for a health emergency?
You can use your sick time when your workplace is closed as the result of a requirement by the Governor, the Pennsylvania Secretary of Health, the Mayor, of the Health Commissioner, or to care for a family member whose school, daycare, adult care facility, or other care facility (where care would otherwise be provided for the family member) is closed.
Under the provisions described above that reimburse health care workers and pool employees for lost wages and medical expenses related to contracting a pandemic- or epidemic-related disease: you are only eligible for reimbursement of wages lost because of your own isolation, treatment, or recovery.
5) Which of my family members are covered by the law?
You can take sick time to care for yourself or a child, spouse, parent, parent of a spouse, grandchild, grandparent, sibling, spouse of a sibling or grandparent, or a life partner (a long-term committed relationship between two unmarried individuals of the same sex or gender identity who meet certain requirements).
Under the provisions described above that reimburse health care workers and pool employees for lost wages and medical expenses related to contracting a pandemic- or epidemic-related disease: you are only eligible for reimbursement of wages lost because of your own isolation, treatment, or recovery.
6) What if I already have paid leave or paid time off?
If you already get any paid leave (vacation, paid time off, etc.) that you can use as sick time and it’s at least the same amount you would earn under this law, the law does not give you any additional paid time off.
7) When can I begin using my sick time?
You start earning sick time immediately but cannot use it until 90 calendar days after the start of your employment.
Under the provisions described above that reimburse health care workers and pool employees for lost wages and medical expenses related to contracting a pandemic- or epidemic-related disease: if you are covered, you are eligible as long as you worked at least 40 hours during the three months prior to contracting the disease.
8) Do I need a doctor’s note?
An employer can require you to provide reasonable documentation, including a doctor’s note, but only after more than 2 consecutive days of absence (and the note does not have to specify your illness). However, for absences due to your or a family member’s physical illness involving a fever, dry cough, shortness of breath, or other respiratory illness, a signed statement from you that you’ve used your sick time for a covered purpose may be reasonable documentation.
All covered workers are protected against being fired or punished for using or requesting sick or safe time. If you have a problem—or want more information—call A Better Balance’s free legal clinic at 1-833-NEED-ABB.
The Mayor’s Office of Labor, Office of Benefits and Wage Compliance is in charge of enforcing this law.
Please note that this fact sheet does not represent an exhaustive overview of the paid sick time law described, and it does not constitute legal advice. It is possible that additional provisions not described in this fact sheet may apply to a worker’s specific circumstances or category of employment.
