Philadelphia issues COVID-19 paid sick leave regulations

The City of Philadelphia issued regulations to clarify the circumstances in which certain employees can take leave under the Promoting Healthy Families and Workplaces Ordinance (PHFWO).

Background (September 2020):

In September, Philadelphia issued two paid sick leave ordinances, Ordinance 200306 and 200303, amending the City's paid sick and safe time law, known as PHFWO. The amendments require new public health emergency leave (PHEL) and pay protections for employees, gig workers, and others who do not receive leave under the federal Families First Coronavirus Response Act (FFCRA).

PHFWO Regulations (December 2020):

The City of Philadelphia released new regulations that define key terms in Ordinances 200306 and 200303 and clarify the circumstances under which each type of leave benefit (PHEL or Health Epidemic Leave) may be used. Below is a summary:

PHEL(Ordinance 200303):

• Covered employers: Any hiring entity that employs a covered individual, unless the employer provides paid leave that can be used for the same purposes and under all the same conditions as PHEL and provides leave in the same or greater amount as required under applicable City law.
• When leave may be taken: Covered individuals may use PHEL for a COVID-19 related purpose beginning on September 17, 2020, and continuing until the earlier of one month after the conclusion of the Public Health Emergency or December 31, 2020. A hiring entity is not required to allow a covered individual to take PHEL if they're reasonably able to perform work remotely.
• Reasonable documentation: Reasonable documentation of the need for leave may include, but is not limited to, a public statement from a government official, the City Department of Public Health, or the Center for Disease Control if the statement specifically addresses the covered individual's circumstances. Documentation from a governmental official is not required; however, an employer may require a signed statement from an employee affirming leave was for a covered reason. Consistent with CDC guidance, employers may not require a note from a health care professional.

Health Epidemic Leave (Ordinance 2000306):

• Covered employers: Any employer that provides healthcare services and employs 10 or more employees for at least 40 weeks in a calendar year must provide Healthcare Epidemic Leave.
• When leave may be taken: Covered individuals are entitled to Healthcare Epidemic Leave for the time period in which the employee is unable to work due to the employee's contraction of COVID-19. The leave should begin on the earlier of: (a) the date of the first positive COVID-19 test; or (b) the date the employee's isolation begins pursuant to either a federal, state or local governmental isolation order; or a written isolation recommendation from either a healthcare employer or a healthcare provider.
• Reasonable documentation: The following are examples of acceptable documentation: (a) a positive COVID-19 test or written communication from a healthcare provider indicating a positive COVID-19 test; (b) a federal, state, or local governmental isolation order; or (c) a written isolation recommendation from a healthcare provider.
• Interaction with other types of leave: A employee that chooses to take Healthcare Epidemic Leave is not entitled to take any other leave benefit for the same purpose. Additionally, the Health Care Employer may not require the employee to use the other leave concurrently.

Common Reasons for Leave:

The regulations provide a non-inclusive list of common circumstances in which the different types of leave may be permitted. These include:

Compliance Recommendations:

Employers with employees in Philadelphia should review their policies and practices to ensure compliance with both ordinances and the new regulations. Please contact your dedicated service professional with any questions.