City of Philadelphia
Website:
phila.gov
Job details:
A sick leave violation is the wrongful refusal to provide earned sick time to employees. Businesses in Philadelphia are 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.
Please note that the Protect Our Workers, Enforce Rights (POWER) Act was signed into law on May 27, 2025, and took effect immediately. The POWER Act amended many of the laws that the Office of Worker Protections enforces, and the Office is in the process of updating all affected materials and regulations. We will be posting updates as they are finalized. Please refer to the text of the POWER Act for current information on the applicable laws that have been affected.
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 three 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 Worker Protections at (215) 686-0802 to request a template for keeping records of sick time and other resources.
Who this law applies to
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 three 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 three 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.
Exemptions
Employees Exempted From This Law Include
- Seasonal workers and employees hired for less than six months.
- Adjunct professors, pool employees, and interns.
- Non-probationary 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 Worker Protections for a sample sick leave tracking document and a sample sick leave HR policy.
How to file a complaint
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.
Online
File a complaint
By mail or in person
You Can Also Print And Fill Out The Sick Leave Violation Complaint Form. You Can Mail It Or Deliver It In Person To
Office of Worker Protections
1 S. Broad Street, 3rd Floor
Philadelphia, PA 19107
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