On March 3, 2022, Philadelphia, Pennsylvania’s City Council adopted and sent to the mayor (who we expect to sign) Bill # 220051-A, an ordinance requiring covered employers to provide paid “COVID-19 Leave” starting immediately (when the law officially takes effect upon signature by the mayor) and through December 31, 2023 (though the city council discussed the possibility of later amending the ordinance to expire sooner should the COVID-19 situation improve). To employers that had to comply with Philadelphia’s 2021 COVID-19 paid leave law, the ordinance will look very familiar. A few provisions, however, are slightly different, most notably the amount of leave employers must provide. But, for other employers, the requirements will be entirely new because the latest version of COVID-19 paid leave in Philadelphia will cover more employers than did the 2021 ordinance. Below we cover what this iteration of COVID-19 paid sick leave requires, and highlight how it differs from last year’s law.
Covered Employers and Employees: The ordinance applies to employers with 25 or more workers, but it does not explain how to count employees or whether the calculation is limited to employees in Philadelphia. When Littler contacted Philadelphia’s Department of Labor concerning a similar question about the 2021 law, however, we were told the standard is “covered” employees.
To be eligible for COVID-19 Leave (i.e., a covered employee), an employee must have worked for a covered employer for 90...
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