Pennsylvania Paid Sick Leave Laws: Your Entitlements

The federal government does not mandate paid sick leave through a comprehensive national law. However, the Family and Medical Leave Act (FMLA), codified at 29 U.S.C. § 2601, requires covered employers (those with 50+ employees) to provide up to 12 weeks of unpaid, job-protected leave for qualifying medical reasons, including serious health conditions. The FMLA applies to both employee and employer medical needs. Employers with fewer than 50 employees are not covered by FMLA.

Under FMLA, employees may be required to use accrued paid leave concurrently with unpaid FMLA leave if the employer's policy permits. The Department of Labor (DOL) enforces FMLA. Some federal employees and employees in certain federal contractors may have additional paid leave entitlements through executive order or contract requirements, but these do not apply to most private sector workers. No federal statute explicitly requires private employers outside of specific contexts to provide paid sick leave as a standalone benefit.

Pennsylvania has no comprehensive statewide paid sick leave mandate for all private employers, making it one of the states without universal sick leave protections. However, Pennsylvania's major cities have enacted their own requirements, creating a patchwork of local obligations.

Philadelphia's Healthy Workplace Law (Philadelphia Code § 9-4101 et seq.) is the most significant local requirement. It mandates that employers with 10 or more employees provide at least 40 hours (5 days) of paid sick leave per calendar year. The law covers all private sector employers in Philadelphia meeting the size threshold. Employees may use paid sick leave for their own illness, medical care, family member illness or medical care, domestic violence, sexual assault, or stalking. Unused leave does not have to roll over to the next year unless the employer's policy provides for it. Employers may limit use to 40 hours per year.

Pittsburgh's ordinance (Pittsburgh Code Title Seven, Chapter 7.1) applies to all private sector employers regardless of size. It requires accrual or provision of paid sick days, generally at a rate of one day per month or 1.25 hours per 40 hours worked. Pittsburgh's law covers similar purposes: employee illness, family medical care, domestic violence, sexual assault, or stalking.

Other Pennsylvania municipalities may have local ordinances. Always verify your city or county requirements.

Outside of Philadelphia, Pittsburgh, and a few other municipalities, Pennsylvania employees have no state or local paid sick leave entitlement unless their employer voluntarily provides it or they are covered by a collective bargaining agreement. This is significantly weaker than federal FMLA, which protects job security but does not guarantee payment. Remedies under Philadelphia's and Pittsburgh's laws include payment of unpaid wages, penalties, attorney fees, and court costs. Violations are enforceable by the city's labor department and through private civil action.

Pennsylvania's lack of statewide paid sick leave means most employers outside Philadelphia and Pittsburgh have no legal obligation to provide paid sick leave. This is a major exception affecting the majority of the state.

FMLA exceptions are critical: FMLA only applies to employers with 50 or more employees within a 75-mile radius. Employees must have worked there at least 12 months and worked at least 1,250 hours in the past 12 months. Federal contractors and federal employees may have additional paid leave under separate rules, but these do not apply broadly. If an employer offers voluntary paid time off (PTO) without distinguishing sick leave, they may not be required to permit employees to use it solely for sick purposes unless local law mandates it.

Under Philadelphia's law, the 10-employee threshold means very small employers (1-9 employees) are exempt. Additionally, paid sick leave may not be used to extend existing PTO; it is a separate entitlement. Some employers argue state preemption, but Philadelphia and Pittsburgh ordinances have been upheld as valid local labor standards.

Collective bargaining agreements may provide different paid sick leave terms; union employees should check their contract. Exempt employees (executives, professionals) may be treated differently under employer policies, though local law generally applies regardless of classification. At-will employment status does not override paid sick leave entitlements in municipalities where they exist; violations are still enforceable.

Step 1: Document Everything. Keep records of all requests for paid sick leave, dates you submitted them, dates you needed leave, reasons provided, and your employer's response. Save emails, text messages, written requests, and any pay stubs or schedule documents. If denied paid sick leave, document the employer's stated reason. Maintain a personal log with dates, times, and what occurred. This documentation is essential for proving a violation.

Step 2: Understand Your Employer's Internal Policy. Review your employee handbook or ask HR for the employer's paid sick leave policy in writing. Under Philadelphia and Pittsburgh law, the employer must inform you of your paid sick leave entitlements. If the policy violates local law (e.g., fewer than 40 hours in Philadelphia), this is your baseline evidence. Some employers have informal policies; request written clarification. If your employer has not provided written notice of paid sick leave entitlements as required by law, that itself is a violation.

Step 3: File a Complaint with the Appropriate City or Agency. If you work in Philadelphia, file with the Philadelphia Office of the City Controller, Wage Theft & Labor Violations Division, or file a wage claim through the Philadelphia District Office of the Pennsylvania Department of Labor & Industry. In Pittsburgh, file with the Pittsburgh Bureau of Audits and Inspections or the Occupational Safety & Health Division. For other municipalities, research whether a local ordinance applies and identify the responsible department. Federal FMLA complaints go to the Department of Labor Wage & Hour Division (888-4-USDOL or online at www.dol.gov/agencies/whd).

Provide your name, employer name and address, job title, dates of employment, dates you requested or used paid sick leave, the number of hours denied, the reason for denial, and copies of all supporting documentation. Most agencies do not charge a filing fee. Include your contact information and preferred method of communication.

Step 4: Investigation and Resolution. The city or federal agency will contact your employer and request their records and response to your complaint. The investigation typically takes 4-12 weeks depending on complexity and agency caseload. You may be asked to provide additional information. The agency will determine whether a violation occurred. If substantiated, the employer will be ordered to pay unpaid wages (all denied sick leave at your regular rate), penalties (liquidated damages, often double the wage amount), and potentially attorney fees and court costs. Do not expect an immediate settlement; the agency process moves slowly.

Step 5: Decide Whether to Consult an Attorney. If the amount owed is small (under $500), the agency complaint process alone may be sufficient. For larger claims or if retaliation occurs after filing, consult an employment attorney specializing in wage and hour law or paid leave violations. Many offer free initial consultations. An attorney can file a private civil action in court if the agency process stalls or if you prefer faster resolution. Class action suits may be available if the violation affected multiple employees. Legal aid organizations in Pennsylvania may assist low-income workers.