Due to the COVID-19 outbreak, the City of Philadelphia expanded its paid sick leave ordinance and postponed its predictive scheduling law.
The Promoting Healthy Families and Workplace Act (Act) requires certain Philadelphia employers to provide employees who work in Philadelphia at least 40 hours in a year with paid sick leave. Under the Act, an employee accrues one hour of sick leave per 40 hours worked, which includes any overtime. Exempt administrative, executive or professional employees accrue sick leave based on their normal workweek or a 40-hour workweek, whichever is less.
Employees are permitted to use 40 hours of paid sick time for:
• An existing health condition requiring diagnosis, care, or treatment;
• Preventative care; or
• Issues related to an employee being a victim of domestic violence, sexual assault, or stalking.
The Promoting Healthy Families and Workplace Act has been expanded to cover absences related to COVID-19. This includes business closures, quarantines, and the need to stay home with children during school closures.
Fair Workweek Ordinance:
The City of Philadelphia also postponed its Fair Workweek ordinance. Under the Ordinance, if an employee did not consent to a schedule change and a work schedule was altered within ten days of the schedule’s delivery, the employer would be required to:
• Pay employees one hour of predictability pay if hours are added to a schedule, or if a schedule is changed with no loss in hours; or
• Pay employees predictability pay at a rate of time and a half for all hours not worked if the scheduled hours are reduced.
The Ordinance is postponed until further notice from the City.
Philadelphia employers should review their policies, forms, practices, and supervisor training to ensure compliance with the paid sick leave expansion. Please contact your dedicated service professional with any questions.