In Blogs, FMLA Updates

On February 12th, Mayor Michael Nutter jumped on the proverbial bandwagon and signed the Promoting Healthy Families and Workplace Ordinance into law. The ordinance is a paid sick leave and passed City Council by a vote of 14-2. The bill goes into effect on May 13th of this year, with eligible employees accruing leave starting that date. Employees hired after this date will accrue leave from the first date of employment, but must wait until after the 90th calendar day to use their accrued sick time, unless granted at the discretion of their employer.

The bill affects employers with ten or more employees in the city of Philidelphia. For every forty hours of work, an employee can accrue an hour of paid sick leave, up to a maximum of forty hours of paid sick leave annually.

Eligible employees are those that work within the geographic boundaries of the city of Philadelphia for at least 40 hours annually. Employees who work outside the city are excluded from the bill. Other employees specifically excluded are independent contractors, seasonal workers, adjunct professors, employees hired for less than 6 months, interns, pool employees, state and federal employees, and unionized workers working under a collective bargaining agreement.

Employers with less than ten employees for at least 40 weeks in a calendar year are not required to provide paid sick leave, although they are required to provide the same amount of unpaid sick leave.

Employees can use this leave for several reasons:

  • Their own mental or physical illness, injury or health condition (including diagnosis, care, treatment, or preventative medical care)
  • To care for a family member with a mental or physical illness, injury or health condition (including diagnosis, care, treatment, or preventative medical care)
  • Missed work time due to domestic abuse, sexual assault or stalking, provided the leave is to allow the employee to seek medical attention, services from victim services organization, psychological or other counseling, relocation, or legal services or remedies (including preparing for or participating in legal proceedings) for the employee or the employees family member.

The accrued sick time must be carried over to the following calendar year unless an employer provides an employee with at least 40 hours of sick time at the beginning of each calendar year.

To learn more, click here.

If you have any questions, please let us know.

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