Pennsylvania does not have a state-wide employee leave law. However, employers must be aware of specific local laws that may apply to their business depending on where in the state they reside.
Pennsylvania employers should also be aware of the compliance requirements under the federal Family and Medical Leave Act (FMLA) regarding employee leave.
Pennsylvania Employee Leave Laws
Businesses in Pennsylvania must adhere to federal FMLA requirements when it comes to employee leave in the state, as well as a few other unpaid leave laws regarding jury duty, military leave, and organ donation.
Additionally, businesses in Philadelphia, Pittsburgh, and Allegheny County must comply with employee leave laws specific to their corresponding region of the state.
Pennsylvania Holiday Leave
Pennsylvania does not have a state-wide law that requires employers to provide paid holiday leave. However, employers may choose to offer paid holiday leave. When they do so, employees are not entitled to overtime pay unless hours worked in the workweek exceed 40.
Pennsylvania Jury Duty Leave
Pennsylvania employers are required to provide unpaid leave time for employees to perform their jury duty. However, private employers are not required to pay employees for absences caused by jury duty or court appearances.
Pennsylvania Jury Duty Leave Exemption
Pennsylvania jury duty leave does not apply to the following employers:
- Employers in the retail or service industry with fewer than 15 employees
- Employers in the manufacturing industry with fewer than 40 employees
Pennsylvania Jury Duty Leave Employer Requirements
Employers may not discharge, penalize (through loss of seniority or benefits), threaten, or take any adverse action against an employee called to serve as a juror.
Pennsylvania Military Leave
Employees who are members of the National Guard or the U.S. Reserves are entitled to Pennsylvania military leave, which ensures that the employer continues to provide health insurance and other benefits for at least the first 30 days of military duty at no cost to the employee. After the first 30 days, the employee has the option to continue their benefits, however at their own expense. Employees are entitled to be restored to their previous position or a similar position once they complete military duty.
Pennsylvania Military Leave Employer Requirements
Employers are required to continue health insurance and other benefits of such employees for at least the first 30 days of military duty at no cost to the employee. After the first 30 days, the employer must provide the employee the option to continue such benefits at the employee’s own expense.
Employers are prohibited from discharging or discriminating against these employees due to their military role or when they are called to active military duty. Employers must also restore said employees to their previous position or a similar position once they complete military duty.
Pennsylvania Organ Donor Leave
The Pennsylvania Living Donor Protection Act (LDPA) requires employers to provide leave for employees who are organ or tissue donors for preparation and recovery of the donation survey.
Pennsylvania Organ Donor Leave Eligibility
Employees are eligible for organ donor leave if they:
- Work for an FMLA-covered employer with 50 or more employees
- Have been continuously employed by their employer for 12 months
- Have worked at least 1,250 hours during the 12 months prior to the start of leave
Pennsylvania Organ Donor Leave Usage
Employees may take up to 12 workweeks of unpaid organ donor leave a year. They are entitled to resume their previous job position or an equivalent position when they return from the leave.
Employees can take organ donor leave for the following reasons:
- For their own organ or tissue donation surgery
- To care for a spouse, child, or parent who is making or receiving an organ or tissue donation
Pennsylvania Organ Donor Leave Employer Requirements
Employers may ask for written documentation that supports the necessity of the leave.
Local PA Leave Laws
There are also some local employee leave laws that apply to specific regions in Pennsylvania. Employers in Philadelphia, Allegheny County, and Pittsburgh must be aware of the compliance requirements of their local leave laws.
Philadelphia Sick Leave
Businesses in Philadelphia must offer employees paid or unpaid sick leave depending on the size of their business.
Philadelphia Sick Leave Eligibility
Philadelphia employees who work at least 40 hours a year are eligible for Philadelphia sick leave. Employees who work for businesses with 10 or more employees are entitled to paid sick leave. Businesses with 9 or fewer employees must offer unpaid sick leave.
Philadelphia Sick Leave Exemption
The following groups are exempt from Philadelphia Sick Leave:
- Independent contractors
- Seasonal workers
- Adjunct professors
- Employees hired for less than 6 months
- Interns
- Pool employees
- Employees covered by collective bargaining agreements
- State & federal employees
Philadelphia Sick Leave Accrual
Employees in Philadelphia can earn 1 hour of sick leave for every 40 hours worked. They can accrue up to 40 hours of sick leave each calendar year.
Philadelphia Sick Leave Usage
Employees can start taking paid sick leave after working for at least 90 days for their employer. Employees can give the employer verbal or written notice for taking the leave.
Employees can take paid sick leave for the following reasons:
- Employees’ mental or physical health needs
- Care of a family member for their mental or physical health needs
- Absence necessary due to domestic abuse, sexual assault or stalking
Philadelphia Sick Leave Compensation
Philadelphia employees who take paid sick leave must be compensated at their regular rate for the time taken for leave.
Philadelphia Sick Leave Employer Requirements
Employers must notify employees about their right to sick leave in Philadelphia, as well as the amount of sick leave and terms of its use. Employers are prohibited from asking employees to find a replacement worker in order to use sick leave, as well as retaliating against an employee who exercises their rights under this law.
Employers are also required to keep records of documented hours worked by employees, sick time taken by employees, and payments made to employees for the sick time taken for a period of two years.
Philadelphia Victim Leave
Philadelphia Domestic or Sexual Violence Leave Law requires employers to provide unpaid leave to an employee who is a victim or has a family member who is a victim of domestic violence, sexual assault, or stalking.
Reason for Leave
Philadelphia employees can take victim leave for the following reasons:
- Seek medical attention for physical or psychological injuries
- Obtain services from a victim's services organization
- Obtain counseling or therapy
- Participate in safety planning to protect themselves or the related victim, including possibly relocating to a safer location
- Seek legal assistance related to domestic violence, sexual assault, or stalking
Amount of Leave
The amount of victim leave required to be provided by employers depends on the employer size and the amount of other leave taken by the employee:
- For employers who have 50 or more employees
- Up to 8 workweeks of leave during any 12-month period
- For employers who have less than 50 employees
- Up to 4 workweeks of leave during any 12-month period
- This leave, when added to any leave that has been taken under the federal FMLA, cannot be more than the 12 weeks in 12 months provided under the federal FMLA
Advance Notice
The employee must provide the employer with 48 hours’ notice before they may take leave. An employer may request documentation.
Allegheny County Sick Leave
According to Allegheny County's paid sick leave law, employers with 26 or more employees are required to provide paid sick leave.
Allegheny County Sick Leave Eligibility
All employees of employers with 26 or more employees are eligible for paid sick leave in Allegheny County.
Allegheny County Sick Leave Exemption
Seasonal workers and independent contractors are exempt from Allegheny County sick leave. For municipalities in Allegheny County with a paid sick leave policy that’s stricter than the county law, this law does not apply.
Allegheny County Sick Leave Accrual
Employees can accrue at least one hour of paid sick leave time for every 35 hours worked in Allegheny County, with a maximum of 40 hours every calendar year. However, employers may allow for a higher accrual cap.
Allegheny County Sick Leave Usage
Employees in Allegheny County can start taking paid sick leave after working for their current employer for 90 days for the following reasons:
- The employee's or their family member's health and medical care
- The closure of the employee's place of business, or their child's school or place of care due to a public health emergency
- The employees need to care for a family member who has been exposed to a communicable disease and whose presence in the community has been determined to jeopardize the community
Allegheny County Sick Leave Compensation
Allegheny paid sick leave should be compensated at the employee’s standard pay rate. Compensation must also include the same benefits, including healthcare benefits.
Allegheny County Sick Leave Employer Requirements
Employers must give their employees a written notice about their right to paid sick leave in Allegheny County, the amount paid sick time they can accrue, and the terms of its use.
Employers are also required to retain records of documented hours worked by employees and paid sick time taken by employees for a period of two years.
Pittsburgh Sick Leave
The city of Pittsburgh is located in Allegheny County but has its own Pittsburgh sick leave law. Any businesses with employees working in the city of Pittsburgh should be aware of this law.
Pittsburgh Sick Leave Eligibility
All employees who perform work in the city of Pittsburgh for at least 35 hours per calendar year are eligible for Pittsburgh sick leave.
Pittsburgh Sick Leave Exemption
The following groups are exempt from Pittsburgh sick leave:
- Independent contractors
- State and federal employees
- Seasonal employees
- Members of a construction union covered by a collective bargaining unit
Pittsburgh Sick Leave Accrual
Employees can start accruing sick leave at the start of their employment. Only hours worked within the city need to be included in the calculation toward paid sick leave eligibility. Accrual rates and amounts depend on the employer size: manage employee leave easily
- Employers with fewer than 15 employees: Employees accrue at least one hour of sick time for every 35 worked, with a cap of 24 hours per year
- Employers with 15 or more employees: Employees accrue at least one hour of sick time for every 35 hours worked, with a cap of 40 hours per year
The cap can be set higher by employers. Accrued sick time can also be carried over from year to year.
Frontloading Sick Leave
Alternatively, employers may frontload sick time at the beginning of each calendar year. Employees may not carry over unused hours from year to year if:
- They work for an employer with 15 or more employees and are frontloaded at least 40 hours
- They work for an employer with fewer than 15 employees and are frontloaded at least 24 hours
NOTE: It’s important to remember that only work hours performed within the city will be included in the computation of accrued sick time.
Pittsburgh Sick Leave Usage
Employees can start taking sick leave after working for 90 days for their current employer for the following reasons:
- An employee’s or employee’s family member’s mental or physical illness, injury, or health condition
- The diagnosis, care, or treatment of a mental or physical illness, injury, or health condition of the employee or employee’s family member
- The need for a medical diagnosis or preventive care for an employee or employee's family member
- Closure of the employee's place of business or their child’s school due to a public health emergency
- Care for a family member who would jeopardize the health of others because of exposure to a communicable disease
Employees should do their best to give notice prior to the start of their scheduled work time. Under certain circumstances, reasonable documentation can be requested by employers when employees are taking three or more consecutive days of sick leave.
Pittsburgh Sick Leave Compensation
All sick leave time must be compensated at the employee’s regular rate with the same benefits. Employers are not required to pay out accrued sick time when employment ends.
Pittsburgh Sick Leave Employer Requirements
Employers must post a notice of Pittsburgh sick leave in the office where it’s accessible to all employees. Employers must also keep records of hours worked and sick time taken by employees for two years.
Get Help Managing Employee Leave in Pennsylvania
It’s critical for companies in Pennsylvania to understand the compliance requirements regarding the federal, state, and local leave laws and make efforts to stay compliant.
If you are struggling with managing employee leave or other areas regarding payroll and HR, you can always seek help and professional guidance from a Pennsylvania payroll and HR services provider to ensure your business is operating risk-free. Contact us today and get the help you need.
