PHILADEPHIA PROMOTING HEALTHY FAMILIES AND WORKPLACES ORDINANCE (PAID SICK LEAVE LAW)

Transcription

1 PHILADEPHIA PROMOTING HEALTHY FAMILIES AND WORKPLACES ORDINANCE (PAID SICK LEAVE LAW) Eligibility Wrkers emplyed in Philadelphia fr at least 40 hurs in a calendar year (January 1 t December 31) will accrue ne hur f paid sick time fr every 40 hurs wrked in Philadelphia. The time is required t be paid by emplyers with ten r mre emplyees. Emplyees will nt accrue mre than 40 hurs f paid sick time in a calendar year. Accrual time cannt be used until after 90 calendar days f emplyment. Exceptins The fllwing wrkers are exempted: independent cntractrs; seasnal wrkers (hired fr a temprary perid f nt mre than 16 weeks a year); adjunct prfessrs; interns (students wrking fr an educatinal institutin nly); wrkers hired fr a term f less than 6 mnths; pl emplyees (ther than an emplyee f a temprary placement agency), State and Federal emplyees, and emplyees cvered by a bna fide cllective bargaining agreement; Nte: Other types f paid leave paid time ff, vacatin, persnal days, shrt-term disability benefits, etc. will cunt fr purpses f cmplying with the law as lng as it is sufficient t meet r exceed all requirements f this law (e.g., may be used fr the same purpses and under the same cnditins). An emplyer is nt required t prvide additinal paid sick time. Paid Sick Leave Law Uses Any accrued paid sick leave may be used fr the fllwing reasns: EFFECTIVE: 5/13/2015 It shall be unlawful fr an emplyer s absence cntrl plicy t cunt paid sick time taken under this rdinance as an absence that may lead t r result in discipline, discharge, demtin, suspensin, r any ther adverse actin; prvided, hwever, that nthing in this rdinance shall prevent an emplyer frm taking actin against an emplyee wh uses paid sick time under this rdinance fr purpses ther than thse utlined in the law. Emplyees wh request r use sick time as required by this rdinance have the right t file a cmplaint r bring a civil actin if sick time as required by this rdinance is denied by the emplyer r the emplyee is retaliated against fr requesting r taking sick time. Please ntify Superir Grup and SDI s branch representative r the benefits department at if a custmer has a prblem with yu taking time ff fr purpses that have been utlined in this rdinance. Leave can be used in increments f ne hur. The emplyee s mental r physical illness, injury r health cnditin; The emplyee s need fr medical diagnsis, care, r treatment f a mental r physical illness, injury r health cnditin; The emplyee s need fr preventive medical care; Paid sick time r paid sick days is cmpensated at the same hurly rate with the same benefits, including health care benefits, as the emplyee nrmally earns frm the emplyee s emplyment at the time the emplyee uses the paid sick time. 1

2 Paid Sick Leave Law Uses (Cnt.) Care f a family member with a mental r physical illness, injury r health cnditin; wh needs medical diagnsis, care, r treatment r a mental r physical illness, injury r health cnditin; r wh needs preventive medical care; Absence necessary due t dmestic abuse, sexual assault r stalking, prvided the leave is t allw the emplyee t btain fr the emplyee r the emplyee s family member: Medical attentin needed t recver frm physical r psychlgical injury r disability caused by dmestic r sexual vilence r stalking; Services frm a victim services rganizatin; Psychlgical r ther cunseling; Relcatin due t the dmestic r sexual vilence r stalking; r Legal services r remedies, including preparing fr r participating in any civil r criminal legal prceeding related t r resulting frm the dmestic r sexual vilence. Emplyee Ntice Requirements Accrued paid sick time shall be prvided upn the ral r written request f an emplyee. When pssible, the request shall include the expected duratin f the absence. An emplyer may require an emplyee t prvide written verificatin that the emplyee used sick leave fr sick leave purpses. When the need fr paid sick leave is knwn t the emplyee in advance, such as fr a scheduled appintment with a health care prvider, the emplyee shall prvide ntice f the need fr such leave t Superir Grup r SDI s branch representative (and the custmer) in advance f the use f the sick time and shall make a reasnable effrt t schedule the use f sick time in a manner that des nt unduly disrupt the peratins f the custmer. Fr all ther absences, the emplyee shall ntify Superir Grup r SDI s branch representative (and the custmer) befre the start f the emplyee s scheduled wrk hurs, r as sn as practicable if the need arises immediately befre r after the emplyee has reprted fr wrk. Fr sick time f mre than tw (2) cnsecutive wrkdays, Superir Grup r SDI may require reasnable dcumentatin frm a licensed health care prfessinal. Fr ther absences dcumentatin signed by a health care prfessinal; a plice reprt indicating that the emplyee was a victim f dmestic abuse, stalking r sexual assault; a curt rder; r a signed statement frm a representative f a victim services rganizatin as defined in the law, affirming that the emplyee was a victim f dmestic abuse, stalking, r sexual assault shall be cnsidered reasnable dcumentatin. Nte: Superir Grup r SDI (r custmer) must keep any health related infrmatin r infrmatin pertaining t dmestic abuse, sexual assault r stalking cnfidential unless the emplyee (r emplyee s family member) permits the emplyer/custmer t disclse it r the disclsure is required by law, regulatin r licensing standard. Under this sick pay rdinance, an emplyer may nt require that the dcumentatin explain the nature f the illness r the details f the vilence. Disclsure may be required by ther laws (e.g., Family Medical Leave). 2

3 Paid Sick Leave Accrual and Use Imprtant Dates Rate f Accrual 1 hur fr every 40 hurs wrked Date Accrual Begins May 15, 2015 (Existing emplyee) First day f emplyment (New emplyee) Date Sick Leave Available fr Use Must have wrked 90 calendar days cunting frm yur first day f emplyment (Existing emplyee) 90 days after first day f emplyment (New emplyee) Emplyees are required t begin accruing sick leave as indicated abve, but cannt take accrued leave until after 90 days f emplyment with Superir Grup and/r SDI. Only the hurs that an emplyee wrks in Philadelphia cunt tward the 40 hurs, and the sick leave can nly be used when the emplyee is wrking in Philadelphia. If an exempt emplyee wrks 40 hurs r mre in a week, paid sick leave still accrues based n a 40-hur wrkweek but nt beynd the 40 hurs. If an exempt emplyee wrks less than 40 hurs in a week, sick leave accrues based n the emplyee s nrmal wrkweek. Unused Sick Leave Any accrued unused sick time hurs will carry ver t the fllwing year. An emplyee s use f sick time in each calendar year shall nt exceed 40 hurs. N Pay Out Upn Terminatin There will be n pay ut f accrued but unused sick leave upn terminatin, resignatin, retirement, r ther separatin frm emplyment. 3 Family Members: The law recgnizes the fllwing as family members: Children (bilgical, adpted r fster children, stepchildren, legal wards r a child t whm the emplyee stands in lc parentis); A bilgical, fster, stepparent r legal guardian f an emplyee r an emplyee s spuse r a persn wh std in lc parentis when the emplyee was a minr child; Persn t whm the emplyee is legally married under the laws f Pennsylvania; Grandparent r spuse f a grandparent; Grandchild; A bilgical, fster, r adpted sibling r a spuse f a bilgical, fster r adpted sibling; Life partner as defined in Sectin f law. City f Philadelphia City Zip Cdes Included In SmartSearch, if the emplyee is wrking in Philadelphia, mark Persnnel subarea as Philadelphia. If they live in Philadelphia but d nt wrk in Philadelphia, mark Persnnel subarea as Other Lcatins

4

5 Prmting Healthy Families and Wrkplaces EFFECTIVE MAY 13, 2015 Starting May 13, 2015 emplyees wh wrk at least 40 hurs a year within the City f Philadelphia limits will be eligible t earn paid/unpaid Emplyees are eligible t earn 1 hur f sick time fr every 40 hurs they wrk. Emplyers with 10 r mre emplyees are required t prvide paid Emplyers with 9 r fewer emplyees are required t prvide unpaid A maximum f 40 sick time hurs may be earned in a calendar year. Accrued sick time may be used after an emplyee has wrked a minimum f 90 days. Accrual begins May 13, 2015 fr all current emplyees. Earned sick time can be used fr the emplyee s wn health needs, t care fr a family member r fr leave due t dmestic abuse r sexual assault. If an emplyer refuses t prvide earned sick time r retaliates against emplyees fr utilizing sick time, the emplyee can make a frmal cmplaint t the City f Philadelphia s Sick Leave Agency after September Bill N EMPLOYEES COVERED Wrk in the City f Philadelphia Wrk at least 40 hurs a year EMPLOYEES NOT COVERED Independent Cntractrs Seasnal Wrkers Adjunct Prfessrs Emplyees hired fr a term f less than 6 mnths Interns Pl emplyees Emplyees cvered by cllective bargaining agreements State and federal emplyees EMPLOYER INFORMATION Emplyers with 10 r mre emplyees must prvide paid Large chains with emplyees wh wrk within the City f Philadelphia limits must prvide paid Emplyers with 9 r fewer emplyees must prvide unpaid Emplyers must ntify emplyees that they are entitled t sick time, the amunt f sick time and the terms f its legal use. FOR MORE INFORMATION- SUBMIT QUESTIONS TO: paidsickleave@phila.gv Updated 4/23/2015