Health Care Employee Pandemic Paid Sick Leave
On September 9, 2020, the City amended Chapter 9-4100 of the Philadelphia Code, entitled “Promoting Healthy Families and Workplaces.” This ensures that certain health care employees would be compensated if they contract a communicable disease during a pandemic or epidemic event, under certain terms and conditions.
Health care employers are required to provide certain health care employees and pool employees with paid sick leave when they miss work and test positive for COVID-19. This includes hospitals, nursing homes, and home health providers.
In order to qualify for this additional COVID-19 pandemic paid sick leave, the health care employee must have worked for the employer at least 40 hours in the three months prior to contracting COVID-19.
From March 9, 2022 until December 31, 2023, employers with 25 or more employees must provide up to 40 hours of additional paid sick leave to eligible employees when they are unable to work for certain COVID-19 reasons, including:
- Care for self or family member showing symptoms of COVID-19.
- Care for self or family member exposed to COVID-19 in order to self isolate.
- Childcare or school closure.
- In order to receive a COVID-19 test, vaccine or recover from injury, disability or illness related to vaccination.
This paid sick leave must be provided outside of and prior to using the eligible employee’s existing accrued paid time off banks including for full time employees, part time employees, and union employees. COVID-19 Leave must be provided to employees immediately with no waiting period. An employer is permitted only to request that an employee submit a self-certified statement asserting that leave was used for COVID-19 Leave purposes.
*Review the law or contact our office for more information. Covered employers whose existing leave policies provide 120 hours or 112.5 hours or more of paid sick leave that can be used for the same purposes under the same conditions of COVID-19 Leave may not be required to provide additional paid sick leave.
Additional Information for COVID-19 Pandemic Paid Sick Leave
Retaliation by employers is illegal. Additional protections including providing notice of this protection are outlined in the resources below.
Employees can file a complaint about violations of paid sick leave during the pandemic with the Department of Labor by completing the complaint form below and emailing it to COVID19WorkplaceProtections@phila.gov or calling (215) 686-0802.
Employers can contact the Office of Worker Protections at the Department of Labor for compliance assistance. For more information or to ask questions, email COVID19WorkplaceProtections@phila.gov or call (215) 686-0802. Language access is available.
|Pandemic Paid Sick Leave Complaint Form PDF||Use this fillable form to report a violation of paid sick leave requirements during the pandemic.||August 26, 2022|
|Pandemic amendment to paid sick leave law for health care workers PDF||Amendment to Chapter 9-4100 of the Philadelphia Code, entitled Promoting Healthy Families and Workplaces, requiring health care employers to provide certain health care employees and pool employees with paid sick leave when they miss work and test positive for COVID-19.||September 18, 2020|
|Public health emergency paid sick leave, September 17, 2020 until December 31, 2020 PDF||Amendment to Chapter 9-4100 of the Philadelphia Code, entitled Promoting Healthy Families and Workplaces, requiring employers with 500 or more employees to provide public health emergency paid sick leave.||September 22, 2020|
|Public Health Emergency Leave, March 29, 2021 PDF||Amendment to Chapter 9-4100 of the Philadelphia Code, entitled Promoting Healthy Families and Workplaces, requiring employers with 50 or more employees to provide public health emergency paid sick leave.||April 27, 2021|
|Notice Poster for Employees – COVID 19 Sick Leave PDF||A printable poster with information about this law's requirements. Employers must post this information in an accessible location where other notices are posted.||October 23, 2023|
|COVID-19 Leave law, March 9, 2022 PDF||Amendment to Chapter 9-4100 of the Philadelphia Code, entitled Promoting Healthy Families and Workplaces, requiring employers with 25 or more employees to provide additional COVID-19 paid sick leave.||January 6, 2023|
|Final COVID-19 pandemic paid sick leave regulations PDF||Regulations for Chapter 9-4100 of the Philadelphia Code, Promoting Healthy Families and Workplaces—otherwise known as paid sick leave, provide details to pandemic-related amendments.||February 28, 2023|
|Archive Public Health Emergency Paid Sick Leave Policies PDF||October 23, 2023|