Since the start of the COVID-19 pandemic, Philadelphians have additional Sick Leave protections . Currently, there are two COVID-19 pandemic sick leave laws still in effect: Health Care Epidemic Leave, and COVID-19 Paid Sick Leave. COVID-19 Paid Sick Leave, which requires certain employers with 25 or more employees to provide up to 40 hours of additional paid sick leave to eligible employees when they are unable to work for certain COVID-19 reasons, will expire on December 31, 2023.
Here’s what you need to know.
What is Philadelphia’s COVID-19 Sick Leave Law?
Effective from March 9, 2022 through December 31, 2023, Philadelphia’s COVID-19 Sick Leave law requires employers with 25 or more employees to provide up to 40 hours of additional paid sick leave to eligible employees when they are unable to work for certain COVID-19 reasons. This includes:
- Care for self or a family member showing symptoms of COVID-19
- Care for self or a family member exposed to COVID-19 in order to self isolate
- Childcare or school closure
- In order to receive a COVID-19 test, vaccine or recover from injury, disability or illness related to vaccination.
When does this law expire?
This law will expire December 31, 2023. Employers are required to provide this additional COVID-19 leave time through that date.
Can I report a violation of this law after December 31, 2023?
If you believe you have experienced a violation of COVID-19 leave law, you can file a complaint with the Office of Worker Protections or a lawsuit in a court of law within one year of when the violation occurred. The final day a complaint you can file a complaint is December 31, 2024. All complaints filed following this date will be invalid.
For instance, if you experienced a violation of this law on November 11, 2023, you have until November 11, 2024 to file a complaint with the Office of Worker Protections or a lawsuit in a court of law. The Office of Worker Protections can not provide legal advice.
What are employers required to do once the law expires?
Covered employers are required to keep all compliance records for this law for two years — through December 31, 2025. Employers will not be required to grant additional COVID-19 Sick Leave for requests from January 1, 2024 onward. However, the employer may be covered under other paid sick leave requirements.
How can I report a violation of this law?
If you believe you have experienced a violation of COVID-19 leave law, you can file a complaint with the Office of Worker Protections or a lawsuit in a court of law within one year of when the violation occurred. If you have any supporting evidence such as a timestamped picture of your COVID test result, text messages or copies of emails, you should submit them with your complaint form.
You can also file a complaint over the phone by calling the Worker Protection Hotline at (215) 686-0802. Language interpretation is available.
What if I need to take time off after December 31, 2023 due to COVID-19?
Most Philadelphians are entitled to earn Sick Leave at their work, accruing one hour of leave for every forty hours worked. You can learn more about Philadelphia’s Sick Leave protections here. Covered employees can use up to 40 hours each calendar year to care for yourself or a family member including for COVID-19 reasons.
Is Philadelphia’s Health Care Employee Pandemic Paid Sick Leave also ending?
Starting on September 9, 2020, Philadelphia Healthcare Organizations with 10 or more employees are required to provide certain employees with Healthcare Epidemic Leave, additional paid sick leave when the eligible employee tests positive for COVID-19. This law is currently in effect for the duration of the COVID-19 pandemic.
The Health Care Epidemic Leave law clearly states that the law’s effective period is “during a pandemic or epidemic affecting the City of Philadelphia declared to exist by the World Health Organization, the Centers for Disease Control and Prevention, or other recognized public interest health organization.”
While the national health emergency ended on May 11 2023, health officials are not saying the pandemic is over. The Health Care Epidemic Leave requirements will remain in effect until the end of a declared pandemic.
Reach out to the Office of Worker Protection hotline at 215-686-0802 to ask questions or to request compliance support.
