What are Pennsylvania’s Accrued Sick Leave Laws?

Accrued sick leave entitles employees to collect payment for their unused sick leave hours. Here’s everything you need to know about accrued sick leave laws in Pennsylvania.

Under specific circumstances, an employer may need to pay their employees for accrued sick leave. Pennsylvania law does not require employers to offer sick leave. However, Philadelphia has implemented specific accrued sick leave laws that differ from the rest of Pennsylvania.

Sick Leave Laws Required in Pennsylvania

Pennsylvania law does not require employers to offer their employees paid sick leave. If an employer does not offer sick leave to their employees, then accrued sick leave options are irrelevant.

However, an employer must be aware of any statements in contracts, employee handbooks, or other documentation. If sick leave is permitted by the employer, it must be honored. An employer may not break a contract for sick leave if it is documented.

Governing Laws for Employer Provided Sick Leave in Pennsylvania

Regardless of Pennsylvania’s law on accrued sick leave, employers must follow the Americans Disability Act and Family Medical Leave Act guidelines.

Related: Pennsylvania Employment Law FAQs

Sick Leave Laws in Philadelphia

The city of Philadelphia monitors sick leave, paid or unpaid, separately from the rest of the state of Pennsylvania. An employee may earn one hour of sick leave for every 40 hours they work. An employee cannot earn more than 40 sick leave hours in a year.

Employees may use sick leave hours after they have worked for at least 90 days. Employees must request sick leave verbally or in writing, and the employer must honor the employee’s normal pay rate.

Reasons for Sick Leave in Philadelphia

Employees may wish to utilize sick leave for the following reasons:

-Individual health needs,
-Family care,
-Leave related to domestic abuse,
-Leave related to assault,
-And more.

Paid vs. Unpaid Sick Leave in Philadelphia

If an employer manages less than ten employees, they must provide unpaid sick leave. If an employer manages over ten employees, they must offer paid sick leave.

Related: Pennsylvania Disabled Employee Rights

Employees in Philadelphia that are Ineligible for Sick Leave

Certain employees may be exempt from sick leave opportunities, such as:

  • Interns,
  • Independent contractors,
  • Seasonal workers,
  • State and federal employees,
  • And more.

Contact Us

If you or a loved one would like to learn more about Accrued Sick Leave Laws Pennsylvania, get your free consultation with one of our Employment Attorneys in Pennsylvania today!