7/13/2012 - The Philadelphia 21st Century Minimum Wage & Benefits Standard Bill(Paid Sick Leave Bill)
Effective July 1, 2012
Date: 7/13/12
The Paid Sick Leave Bill amends Chapter 17-300, which requires employers to pay certain prevailing wages and provide certain healthcare benefits to covered employees. The ordinance is effective July 1, 2012.

The Philadelphia 21st Century Minimum Wage & Benefits Standard bill (Paid Sick Leave Bill) applies to the following group of employers:

1. The City, its agencies, departments, offices;
2. Forprofit Service contractors who have City contracts for $10,000 or more in a 12month period, and annual gross receipts of more than $1M;
3. Nonprofit Service contractors who have City contracts over $100,000 in total in a 12month period;
4. Recipients of City leases, concessions, or franchises, which employ more than 25 employees;
5. City financial aid recipients for a period of five (5) years following the receipt of aid;
6. Public agencies that receive contracts for $10,000 or more from the City in a 12month period.
7. The employer must have more than five (5) employees. The requirements also do not apply to subcontractors.

The minimum wage requirements extend any person who performs work for covered employers arising directly from a service contract, financial aid receipt, or City lease, concession, or franchise, and is employed on a fulltime, parttime, temporary or seasonal basis. Furthermore, any person that is a temporary worker, contingent worker, or person made available to work through a temporary, staffing or employment agency must receive the minimum wage requirements as well.

The minimum benefits and sick pay requirements apply to a narrower class of covered employees that include full-time, non-temporary, and non-seasonal employees only.

Employees on a construction project covered by federal, state, local prevailing wage requirements, student interns, summer youth employees, or persons participating in a bona fide training program which will allow them to advance to permanent employment are not covered by this law.

Under the Paid Sick Leave Bill, employers must provide the following to covered employees.

1. 150% of the federal minimum wage. The federal minimum wage is $7.25 thus the minimum wage must be $10.88 an hour for any covered Employee.
2. Minimum Health Benefits (fulltime, permanent employees only)
3. Sick Pay Benefits (fulltime, permanent employees only)

The Minimum Health Benefits requirements are as follows:

1. If employer provides health benefits to any of its employees, they must provide each fulltime, nontemporary, nonseasonal covered employee with health benefits at least as valuable as the least valuable health benefits provided any other fulltime employee.

The Sick Pay Benefits requirements apply only to fulltime, nontemporary, nonseasonal employees, and are as follows:

1. For employers with 12 or more employees, covered employees have the right to accrue one hour of paid sick time for every 40 hours worked in Philadelphia and they must be allowed to accrue up to 56 hours of paid sick time in a calendar year (or more at the Employers option).
2. If the employer employs more than 5 but less than 11 employees, they only need to provide covered employees with at least 32 hours paid sick time per year.
3. Covered employees will begin to accrue sick time at the start of employment and can use it as accrued beginning after the 90th day of employment.
4. Covered employees are allowed to use accrued paid sick time for their own mental or physical illness, injury, etc. or for preventative care.
5. Covered employees are allowed to use their accrued sick time to take care of a family member.
6. Covered employees must provide a good faith effort to give their employer prior notice of taking sick time and provide reasonable documentation of the sick time when used for two (2) consecutive days.
7. Covered employees may use sick time in hourly increments; however, the employer may follow its own personnel policies when determining sick time increments.
8. Employer must provide notice and posting of the covered employees rights under the Chapter.
9. If the employer has a paid leave policy, which makes available an amount of paid leave per year that includes vacation days, personal days, sick days, etc., it will meet the requirements of the sick pay ordinance as long as the minimum number of days required is still provided.

An exemption is available if an employer can demonstrate that implementing the paid sick leave requirement pose an economic hardship and that the waiver will further the interests of the city in creating training positions that enable employees to advance to a permanent job. Other reasons include the following.

1. If provisions would result in the loss of federal, state, or similar grant funds or violate
federal or state law.
2. If provisions would interfere with a collective bargaining agreement.
3. If the contractor is operated, supervised, or controlled by a bona fide religious institution or organization for charitable purposes and compliance would conflict with the contractors religious beliefs.
4. If waiving the requirements is in the best interests of the City.

Aaron Colsher - 215.948.9285 x105
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