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In June, 2021, Philadelphia’s previous public health emergency leave mandate expired. However, on March 9, 2022, Philadelphia Mayor Jim Kenney signed a new bill extending COVID-19 paid sick leave to certain eligible employees. That bill became effective immediately upon signature. These requirements will sunset on December 23, 2023.

Under this new ordinance, employers with more than 25 employees must provide up to 40 hours of additional paid sick leave to eligible employees who are unable to work for reasons related to COVID-19, including:

  • A determination by a public official or public health authority having jurisdiction, a health care provider, or an employer that the employee’s presence on the job or in the community would jeopardize the health of others because of the employee’s exposure to COVID-19 or because the employee is exhibiting symptoms that might jeopardize the health of others, regardless of whether the employee has been diagnosed with or has tested positive for COVID-19.
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Please join us for the 9th Annual HR Legal Summit, co-sponsored by Ballard Spahr and SEPA SHRM. This year’s HR Legal Summit will be held in the mornings on Thursday, September 30 and Friday, October 1, 2021. We are excited about this year’s virtual conference with cutting edge sessions, top-notch speakers, professional credits, fresh perspectives, career-changing insights, and countless connections!… Continue Reading

On September 7, the House Ways and Means Committee released bill text that includes a new national, universal paid medical and family leave plan. This bill represents just one portion of the expected $3.5 trillion social spending bill that will advance President Biden’s legislative agenda.

The bill is extensive, but employers should be particularly aware of the following provisions:

  • Beginning in July 2023, the bill provides up to 12 weeks of federal benefits to replace lost wages due to time off for medical leave or caregiving for an ill family member.
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The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) establishes rights and benefits for employees and employment applicants who have served in the military or have engaged in other forms of protected governmental service. On August 10, 2021, the Third Circuit Court of Appeals revived a proposed class action filed by a Navy reservist FedEx employee by holding that, under USERRA, short-term military leave must be treated as paid leave if the employer offers “comparable” forms of short-term paid leave for non-military reasons. … Continue Reading

On March 29, 2021, the City of Philadelphia enacted an ordinance providing for paid Public Health Emergency Leave (PHEL). Our blog post on the requirements of the leave can be found here. That leave requirement is now expired and employers no longer need to provide this leave.

The PHEL’s sunset provision tied its expiration specifically to the rescission or expiration of the Pennsylvania Governor’s Proclamation of Disaster Emergency.… Continue Reading

On Monday, the City of Philadelphia adopted a new version of Public Health Emergency Leave (PHEL), mandating up to 80 hours of paid leave benefits in 2021 for employers with 50 or more employees.  The law went into effect on the date it was signed — March 29, 2021. PHEL is a new leave entitlement in 2021 that is not reduced based on any leave usage prior to its enactment.  … Continue Reading