Philadelphia Passes New COVID-19 Paid Leave Law

Employers With at Least 25 Employees Must Comply

Philadelphia has enacted a new law that requires employers to provide paid time off for COVID-19 purposes. The ordinance, which took effect March 9, 2022, applies to employers with at least 25 employees.

Covered Employees

The ordinance covers employees who:

• Work in Philadelphia;

• Normally work in Philadelphia but currently telework from any other location as a result of COVID-19; or

• Work from multiple locations or from mobile locations, provided that 51% or more of their time is in Philadelphia.

There is no waiting period or accrual requirement for leave.

Permitted Purposes for COVID-19 Leave

Leave must be allowed for specified COVID-19 reasons relating to an employee's (or their family members') exposure to, symptoms of or diagnosis with COVID-19. Leave must also be permitted to care for a child whose school or child care is unavailable due to COVID-19 precautions, and for employees' COVID-19 vaccination and recovery.

Amount of Required COVID-19 Leave

Employees who work 40 or more hours weekly must be given 40 hours' leave. Other workers receive an amount equal to their average scheduled or actual work hours over a seven-day period (whichever is greater). Employer policies that provide an equal amount of additional paid time specifically for COVID-19, or 120 hours of paid time off that can be used for the COVID-19 reasons allowed by the COVID-19 leave law, will satisfy the requirement. Special rules apply for teleworking employees.

Employers must provide this notice of the law 15 days after its enactment.