Pennsylvania Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Pennsylvania.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Pennsylvania Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

There is no statewide law in place in Pennsylvania that requires private employers to provide paid or unpaid sick leave to employees.

However, certain cities and localities have requirements in place. Philadelphia requires employers with 10+ employees to provide paid sick leave, and smaller employers in the city must offer unpaid sick leave. Pittsburgh has a law for employees working at least 35 hours per year, and employers in Allegheny County must offer sick leave if they have 26+ employees.

Are There Requirements to be Eligible for Paid Sick Leave in Pennsylvania?

Since there is no statewide law mandating the provision of paid sick leave, any eligibility requirements would be based on employer discretion if not in an area that has its own law.

Employers with 10 or more employees in Philadelphia must offer sick leave to employees working at least 40 hours in a year. It can accrue at a rate of 1 hour of sick time for every 40 hours worked, with a maximum accumulation of 40 hours in a year.

Allegheny County employers with 26+ employees must provide sick leave at the accrual rate of 1 hour for every 35 hours worked. They can cap the sick time accrued in a year at 40 hours.

The city of Pittsburgh has its own sick leave law, despite sitting within Allegheny County. Employees who work in the city for at least 35 hours per year must start earning sick leave time at the start of employment. If working for a company with fewer than 15 employees, the accrual rate is 1 hour for every 35 hours worked, with an annual cap of 24 hours. Employers with 15+ employees use the same accrual rate, but the annual cap is 40 hours per year.

Is There a Minimum Amount of Paid Sick Time Required in Pennsylvania?

Since no law mandates that employers must provide paid sick leave, no minimum amount is in effect on a statewide basis. The amount of sick time accrued in cities and counties with laws in effect depend on the number of hours worked.

What Can PSL be Used for in Pennsylvania?

Employees who are eligible to receive paid sick leave can use it for the following purposes:

• The employee’s own medical and health care
• A family member’s medical and health care
• The employee’s need to care for a family member who has been exposed to a communicable disease
• The closure of the employee’s child’s place of care/school due to public emergency
• The closure of the employee’s workplace due to public emergency
• For leave due to sexual assault or domestic abuse (Philadelphia)

Is Paid Sick Leave Required to be Carried Over Each Year in Pennsylvania?

There is no statewide law regarding the provision of paid sick leave (or carryover) in Pennsylvania. Pittsburgh, Allegheny County, and Philadelphia laws may require employers to carry over sick time, although it depends on how much the employee has accrued. The Allegheny County law states that an employee’s bank of paid sick time hours may never exceed 40 hours. Therefore, an employee who didn’t use their time in the previous year would not accrue additional hours if the bank was rolled over.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Pennsylvania?

Employers may choose to provide paid sick leave as a separate benefit from paid time off, but neither is required by state law. Laws do apply to certain employers operating in Philadelphia, Pittsburgh, and Allegheny County.

Common Pennsylvania Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Pennsylvania?

Employees are not required to receive any amount of paid sick leave unless they work in Allegheny County, Philadelphia, or Pittsburgh and meet certain requirements.

• Allegheny County: Employees working for employers with at least 26 employees can accrue at a rate of 1 hour of sick time for every 35 hours worked, with a maximum accumulation of 40 hours in a year.
• Philadelphia: Employees working at least 40 hours in a year can accrue at a rate of 1 hour of sick time for every 40 hours worked, with a maximum accumulation of 40 hours in a year.
• Pittsburgh: Employees working for employers with at least 15 employees and at least 35 hours in a year can accrue at a rate of 1 hour of sick time for every 35 hours worked, with a maximum accumulation of 40 hours in a year. Employers with 14 employees or fewer use the same accrual rate but the cap is 24 hours in a year.

Does paid sick leave apply to all employees who work in Pennsylvania?

No, there is no law in effect requiring Pennsylvania employers to provide paid sick leave, aside from those operating in Pittsburgh, Philadelphia, or Allegheny County.

Which employees are exempt or partially exempt from the paid sick leave law in Pennsylvania?

Employees covered under collective bargaining agreements may be exempt from locality paid sick leave laws.

Do I have to notify my employer before taking sick leave in Pennsylvania?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in Pennsylvania?

If your employer provides paid sick leave, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.

WorkforceHub, a time and labor platform, can help your company manage any requirements associated with accruals. Learn more and try it for free today.

Pennsylvania Department of Labor and Industry

Pittsburgh Paid Sick Days Act

Allegheny County Paid Sick Leave Act

City of Philadelphia Paid Sick Leave Resources