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You May Be Entitled to Sick Leave Under Philly’s Paid Sick Leave Law

December 4, 2021 Workplace Discrimination

Know Your Rights to Care For Yourself and Family Members

Philadelphia’s paid sick leave law has been in effect since 2015, but even so, many employees do not know their rights under this law.

The paid sick leave law, otherwise known as the Promoting Healthy Families and Workplaces law, requires qualifying companies to:

  • Provide paid sick leave to their employees
  • Tell the employees about their rights under the law
  • Monitor employees’ accumulated sick leave for at least two years.

Here’s how it works.

Your Rights Under the Promoting Healthy Families and Workplaces Law 

Under the law, employees get an hour of paid sick leave for every 40 hours they work. They can then use up to 40 hours of this leave per year when they or a family member:

  • Need treatment for a health or behavioral health condition
  • Need to undergo preventative care
  • Are subject to domestic violence, stalking, or sexual assault

Who Qualifies for Paid Sick Leave Under the Law?

All employers with ten or more employees are subject to the Promoting Healthy Families and Workplaces law. Employers with fewer employees have to offer unpaid sick leave. Employees can take advantage of their accumulated sick leave after having worked for their employer for at least 90 days.

Employees who qualify for paid sick leave include everyone who worked at least 40 hours per year in Philadelphia—either part-time or full-time. Some workers are excluded from protections, including:

  • Independent contractors
  • Adjunct professors
  • State and federal employees
  • Interns
  • Seasonal employees
  • Pool employees
  • Anyone who worked for their current employer for less than six months out of a year

What Are Your Employer’s Obligations Under the Law? 

Your employer is required to follow certain requirements when it comes to this law. These include:

  • Notifying you that you’re entitled to sick leave, paid or unpaid.
  • Telling you how much sick leave you’ve accrued and what terms you can use it under.
  • Not requiring you to find someone to cover your shift when you take sick leave.
  • Not retaliating against you for taking sick leave.

Is Your Employer Refusing To Provide You With Sick Leave You’re Entitled To?

If you suspect you’re entitled to paid or unpaid sick leave, and your employer is refusing to allow you to use that time, they may be in violation of the law.

You should speak to a knowledgeable Philadelphia employment attorney. Your attorney can assess your situation, determine whether your employer has violated the law, and help you get compensated.

Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today.

The information provided here does not constitute legal advice. It is intended for general purposes only. If you have questions about a specific legal issue, you should speak to an attorney.