PA State Updates - 2015 Jan 10 No.02

On Feb. 12, Philadelphia Mayor Nutter signed the Promoting Healthy Families and Workplaces Act into law. The new law, effective May 13, 2015, will require employers with 10 or more employees for at least 40 weeks in a calendar year to provide paid leave to employees. The law also applies to chain establishments located within Philadelphia regardless of size. A "chain establishment" is defined as an entity that uses the same trade name for 15 or more establishments, regardless of whether all of the establishments are located within the city.

Employees are eligible for paid leave if they work within the geographic boundaries of Philadelphia for 40 hours or more per calendar year. The term 'eligible employee' does not include independent contractors, seasonal workers, interns, pool employees, adjunct professors, employees hired for a term of less than six months, state and federal employees and employees covered by a collective bargaining agreement.

Eligible employees will accrue one hour of paid leave for every 40 hours worked up to a maximum accrual of 40 hours in a calendar year. New employees may use accrued hours after 90 days of employment. Paid sick leave may be used for the purpose of the employee's own health condition or to care for a family member. Leave may also be used for absences related to sexual assault, domestic abuse or stalking.

An employer who already provides paid leave that is equal to or better than the paid sick leave requirement does not need to establish a new policy. However, employers should carefully review their policies. If the existing paid leave policy does not include all the categories of eligible employees or does not allow employees to take leave for the same purposes (including stalking and to care for family members) as the new law, the employer would need to revise its policy to comply. The Office of the Mayor or another agency will make available a new employment notice, which employers will be required to post in the workplace.

Promoting Healthy Families and Workplaces Act »