WORKERS' RIGHTS

Returning to Work

To help workers navigate the difficult questions about returning to work, please see:

FAQ: Returning to Work Amid Coronavirus (LINK)

Paid Public Health Emergency Leave for Workers Unable to Work Due to COVID-19

At this time, paid public health emergency leave for Pennsylvania workers unable to work due to COVID is provided pursuant to laws adopted by Philadelphia and Pittsburgh:

Pittsburgh adopted a temporary paid public health emergency leave for COVID-19 purposes under certain circumstances. It will expire July 29, 2022, unless extended.
Effective March 9, 2022, Philadelphia adopted an ordinance requiring COVID-19 under certain circumstances. It will expire December 31, 2023.
Philadelphia also adopted a permanent Paid Emergency Communicable Disease Leave for Healthcare and Pool Workers. It is permanent.

Philadelphia’s Healthcare and Pool Worker Paid Emergency Communicable Disease Leave

Philadelphia adopted a new paid emergency sick leave benefit for health workers unable to work due to contracting a communicable disease during a declared pandemic or epidemic affecting Philadelphia.

Health care employers, including hospitals, nursing homes, and home health providers must reimburse health care and pool employees for days unable to work due to a communicable disease contracted during a pandemic or epidemic as demonstrated by a positive test.
Employers will reimburse eligible workers at their normal rate of pay for the days unable to work.
Health care workers are eligible for this leave after working at least 40 hours in the 3 months before contracting the communicable disease.
Health care workers who elect this benefit are not entitled to take any other leave benefit for the same purpose.
Health care employers must also provide benefits and reimburse these workers for medical expenses due to the communicable disease.
Philadelphia’s emergency public health leave is enforced by its Department of Labor. If you are entitled to leave and your employer refuses to provide it, information about how to make a complaint by calling (215) 686-0802 or filling out a complaint form found here and emailing it to COVID19WorkplaceProtections@phila.gov
Philadelphia’s Department of Labor provides resources in multiple languages here.

Philadelphia COVID-19 Leave

Employers with 25 or more employees are required to provide paid leave to employees who work for them in Philadelphia.
Employees are eligible for COVID-19 leave immediately with no waiting period.
Full-time employees will be eligible for 80 hours of leave paid at the regular rate of pay and with the same benefits normally earned. Part-time employees will receive leave in an amount equal to the amount of time the employee is otherwise scheduled to work or actually works in a 7-day period.
Employees may use paid COVID-19 leave for the following purposes:
- - - A determination that the employee’s presence on the job will jeopardize the health of others due to exposure to COVID-19 or because the employee is exhibiting symptoms, regardless of whether the employee has been diagnosed with or tested positive for COVID-19;
    - To care for a family member who is determined to jeopardize the health of others due to exposure to COVID-19 or because they are exhibiting symptoms, regardless of whether the employee has been diagnosed with or tested positive for COVID-19;
    - To care for a family member who is self-isolating due to a positive COVID-19 test or symptoms, or needs medical care or treatment for symptoms related to COVID-19;
    - An employee’s need to self-isolate, care for oneself, or seek medical care because of a COVID-19 diagnosis or symptoms related to COVID-19;
    - To care for a child due to closure of the child’s school or place of care or unavailability of the childcare provider due to COVID -19 precautions; or
    - To obtain immunization, including a booster for COVID-19 or to recover from any side-effect of such immunization.
COVID leave is in addition to all other paid leave benefits offered by the employer.
COVID-19 leave is enforced either through the Philadelphia Department of Labor or by filing in court.
COVID-19 leave expires December 31, 2023.

Pittsburgh Paid COVID-19 Sick Time

Employers with 50 or more employees are required to provide paid sick time to employees who have worked for them in Pittsburgh.
Eligible employees must have been employed for at least 90 days.
Full-time employees will be eligible for 80 hours of leave paid at their regular rate of pay. Part-time employees will be eligible for leave equal to the amount scheduled to work or actually worked on average over a 14 day period, whichever is greater.
Paid COVID sick time is available for an employee’s unable to work due to these COVID public emergency purposes:
- - - To protect the health of others due to COVID symptoms or exposure to COVID, regardless of whether the employee has been diagnosed with COVID,
    - To care for a family member who would jeopardize the health of others due to COVID symptoms or exposure to COVID,
    - To self-isolate and self-care due to a COVID diagnosis, COVID symptoms, or need to obtain a diagnosis, care, or treatment, or
    - To care for a family member who is self-isolating due to a COVID diagnosis, COVID symptoms, or need to obtain a diagnosis, care, or treatment.
COVID sick time is in addition to paid sick time under the Pittsburgh Paid Sick Days Act and paid leave or sick time provided by the employer. To the extent an employer has adopted a COVID paid sick time benefit, it may substitute such leave to the extent it coincides
COVID sick time is available immediately without accrual or waiting period and will remain available until one week after the expiration of Pennsylvania’s emergency COVID Declaration or Pittsburgh’s emergency COVID Declaration, whichever is sooner.
Covid sick time is enforced by the Pittsburgh Mayor’s Office of Equity. Resources. And information on how to file a complaint are available at this website.
Pittsburgh’s public health emergency leave for COVID-19 expires July 29, 2022, unless further extended.