Sick Leave During COVID-19
You may be covered by sick leave for the COVID-19 coronavirus now!
If you are, you can now use your sick leave for these reasons:
-If your workplace closes because of coronavirus.
-If you are quarantined or need to care for a family member who is quarantined.
-If you are experiencing COVID-19 symptoms and seeking a medical diagnosis.
-If you are staying home with your children when their school or daycare is closed.
There are two types of sick leave you may be able to use if you live in Philadelphia:
Federal Law
As of April 1, 2020, Federal law requires that most employers with fewer than 500 employees provide paid leave if you are still employed but unable to work for one of these reasons.
Under Federal law, employers must provide up to 2 weeks or 80 hours of paid sick leave if you worked full time.
If you worked part-time, your employer must provide paid sick leave for the average number of hours you worked in a two-week period.
You must be paid your full pay if you are unable to work because a doctor tells you to quarantine or if you are experiencing COVID-19 symptoms and seeking a medical diagnosis.
If you cannot work because you have to care for a child whose daycare or school has closed, you may be entitled to up to 12 weeks of paid leave at 2/3s of your normal pay.
Philadelphia Law
Philadelphia law also protects your right to paid leave.
Under Philadelphia law, if you work at a job with 10 or more workers, you must get paid sick leave.
Jobs with 9 or fewer workers must give leave but it can be unpaid.
Full time and part time workers are covered, as long as you work 40 hours per year in Philadelphia.
You can start using Philadelphia sick time after 90 days on the job and can earn 40 hours per year—one hour for every 40 hours you work.
The agency enforcing the City’s sick leave law is requiring employers to pay out accrued but unused sick time before layoff.
Gig workers, independent contractors, union members, seasonal workers and state and federal government workers are not covered by this law. You are protected from retaliation for taking sick time or asking to take it.
Things you can do if your Philadelphia job still isn't giving you sick days (or if you want to ask for better policies):
On behalf of your coworkers, ask for a meeting with boss, hand them the city’s poster that explains sick days are law! Posters are available in multiple languages at: https://www.phila.gov/media/201912181...
You can also write a letter on behalf of your coworkers asking for sick days under the policy. More info can be found here: https://clsphila.org/employment/paid-...
If you can’t resolve this on your own, you can file a complaint.
For violations of federal paid sick leave: the Federal Department of Labor at 1-866-487-9243
For violations of Philadelphia’s paid sick law: the Mayor’s Office of Labor at 215-686-0802 or by email at [email protected]
Contact the CLS Employment Unit for advice and possible help at 215-981-3700
This message is brought to you by Community Legal Services of Philadelphia.
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