A sick leave violation is the wrongful refusal to provide earned sick time to employees. Since Aug. 11, 2015, businesses in Philadelphia have been required to notify their employees that they are entitled to sick time, to keep records of sick time, and to provide either paid or unpaid sick time.
Examples of violations of the sick leave law include:
- Failure to notify employees of their right to this benefit.
- Failure to record employee earned and used sick time for two years.
- Failure to provide earned sick time.
- Wrongfully requesting an employee to find coverage in order to use sick time.
- Retaliation against an employee for exercising their rights under this law.
Employers can contact the Office of Benefits and Wage Compliance at (215) 686-0802 to request a template for keeping records of sick time and other resources.
COVID-19 related paid sick leave
During the COVID-19 pandemic, you can use your paid sick leave for COVID-19 related business closures, childcare closures, and quarantine.
Separately, the City’s paid sick leave law was amended with additional protections. Starting September 9, 2020, 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. Starting September 17, 2020 through December 31, 2020, employers with 500 or more employees are required to provide public health emergency paid sick leave for certain reasons connected to COVID-19. Employees not covered by the FFCRA may be eligible for up to 112 hours of public health emergency paid sick leave under certain circumstances. Find the complaint form and other resources here.
Paid sick leave
Employers with 10 or more employees are required to provide paid sick leave. All employers must keep records of sick leave accrual and used time for each employee for two years.
Unpaid sick leave
Employers with nine or fewer employees are required to provide unpaid sick leave. All employers must keep records of sick leave accrual and used time for each employee for two years.
Sick leave accrual
Employees are eligible to earn one hour of sick time for every 40 hours worked, with a maximum of 40 sick time hours earned in a calendar year.
Employees exempted from this law include:
- Seasonal workers and employees hired for less than six months.
- Adjunct professors, pool employees, and interns.
- Employees covered by a collective bargaining agreement.
- State and federal employees.
- Independent contractors.
If you believe you have been misclassified, or have questions about your job title or coverage, contact our office at (215) 686-0802.
Employers can contact the Office of Benefits and Wage Compliance for a sample sick leave tracking document and a sample sick leave HR policy.
If you have not been provided sick leave or have experienced other violations of this law, you can file a complaint within one year of the incident.
In order to file a complaint, fill out and sign the sick leave violation complaint form.
Forms can be emailed to email@example.com or mailed to: