Pennsylvania — Leave Laws

Pennsylvania does not have a state family and medical leave statute. No Pennsylvania labor law requires an employer to provide paid or unpaid leave for family or medical reasons. Private-sector employees rely on the federal Family and Medical Leave Act (FMLA) for job-protected leave entitlements.

Source: PA Dept. of Labor & Industry, Wage FAQs

Pennsylvania prohibits employers from depriving an employee of employment, seniority, or benefits because the employee receives a jury summons, responds to it, serves as a juror, or attends court for prospective jury service. Employers also may not threaten or coerce employees regarding jury service. Employers are not required to pay employees for time spent on jury duty. This protection does not apply to retail or service employers with fewer than 15 employees or manufacturing employers with fewer than 40 employees. An employee penalized in violation of the statute may bring a civil action to recover lost wages and benefits and obtain reinstatement.

Source: 42 Pa. C.S. § 4563

Pennsylvania does not require private-sector employers to provide paid or unpaid sick leave. The Pennsylvania Department of Labor & Industry states plainly that "there is no Pennsylvania labor law which requires an employer to pay an employee not to work," including sick leave, vacation pay, and severance pay as examples of benefits outside state-law mandates. Employers may choose to offer sick leave voluntarily, but the Commonwealth imposes no floor.

Local ordinances create employer obligations in three jurisdictions:

Philadelphia — The Promoting Healthy Families and Workplaces Act (Philadelphia Code Chapter 9-4100) requires employers to provide sick leave to employees working at least 40 hours per year within city limits. Employees accrue one hour of sick leave for every 40 hours worked in Philadelphia, up to a 40-hour annual cap. Employers with 10 or more employees must provide paid sick leave; employers with fewer than 10 employees must provide the same accrual on an unpaid basis. Covered uses include the employee's own illness, injury, or preventive care; care for a family member with a health condition; and needs arising from domestic violence, sexual assault, or stalking (including medical attention, victim services, counseling, relocation, or legal proceedings).

Pittsburgh — The Paid Sick Days Act (Pittsburgh City Code Chapter 626) applies to employees who work at least 35 hours per year within city boundaries. The ordinance took effect March 15, 2020; amendments effective January 1, 2026, increased the accrual caps. Employees accrue one hour of sick leave for every 35 hours worked. From January 1, 2026, employers with 15 or more employees must provide paid sick leave, up to a 72-hour annual cap; employers with fewer than 15 employees must provide unpaid sick leave, up to a 48-hour annual cap. Covered uses mirror Philadelphia's categories: employee or family-member illness, injury, preventive care, and domestic-violence-related needs. The City's Office of Equal Protection administers and enforces the ordinance.

Allegheny County — Allegheny County has its own paid sick leave ordinance (Article XXIV), effective December 15, 2021. The ordinance applies to employees working in unincorporated areas and municipalities that do not have their own sick leave ordinances. For detailed requirements, see Section 4 of this guide and the official text from the Allegheny County Health Department.

Employers operating in multiple Pennsylvania locations must track hours worked within each jurisdiction and apply the corresponding ordinance. An employee who works partly in Philadelphia and partly in Pittsburgh may accrue sick leave under both ordinances simultaneously, based on hours worked in each city. Employers with existing paid-time-off (PTO) policies may satisfy a local ordinance if the PTO meets or exceeds the accrual requirements, permits use for all qualifying reasons, and does not impose conditions (such as advance notice, employer approval, or find-your-own-replacement rules) that the ordinance prohibits.

Outside of Philadelphia, Pittsburgh, and the covered areas of Allegheny County, Pennsylvania employers have no state or local sick leave obligation. Employees rely on employer policy, collective bargaining agreements, or unpaid leave under the federal Family and Medical Leave Act if eligible.

Source: PA Dept. of Labor & Industry, Wage FAQs Source: Philadelphia Code Chapter 9-4100, Promoting Healthy Families and Workplaces Source: Pittsburgh Paid Sick Days Act Guidelines, v4, effective Jan. 1, 2026 Source: Allegheny County Health Department, Article XXIV—Paid Sick Leave

Allegheny County’s Paid Sick Leave Ordinance (Article XXIV, effective December 15, 2021) requires covered employers to provide paid sick time to eligible employees working in unincorporated areas and municipalities within the county that have not adopted their own local paid sick leave laws. Pittsburgh is excluded, as it has its own paid sick leave ordinance.

Employer coverage and threshold The ordinance applies to employers with 26 or more employees (headcount, not limited to county residents), as defined in Article XXIV § 2402(11). "Employer" includes any person, partnership, association, corporation, or other entity employing at least 26 persons for compensation, regardless of location. Excluded are federal and state government agencies, other government entities, and certain union apprentices. Employee is any person employed for more than 35 hours in a calendar year within the geographic coverage area, excluding independent contractors and seasonal employees as defined in § 2402(12).

Geographic coverage The ordinance applies in all parts of Allegheny County except municipalities (like Pittsburgh) that have adopted their own paid sick leave requirements. If an employee works in both an opt-in and opt-out municipality, compliance is determined by hours worked in each.

Accrual rate and caps Covered employees accrue paid sick time at a rate of 1 hour for every 35 hours worked in the covered area. Accrual and use of paid sick time is capped at 40 hours per calendar year (Article XXIV § 2407(A)), and no employee may have more than 40 hours of sick leave banked—including both accrued and rolled-over hours—at any time. Unused sick time up to 40 hours may be carried over to the following year, but this does not increase the 40-hour yearly use or accrual cap, unless the employer provides a more generous policy.

Covered uses Employees may use paid sick time for their own mental or physical illness, injury, or preventive care; to care for a "family member" (broadly defined under § 2402(8)); for public health emergencies including closures or exposure as declared by public health officials; and similar needs. Documentation may be required after three or more consecutive days of absence (§ 2410).

Employee eligibility and usage New employees may use accrued sick time after the 90th calendar day of employment. Use may be requested orally or in writing; employers may not require employees to find a replacement as a condition for using leave.

Enforcement and penalties The Department of Administrative Services is empowered to enforce the ordinance, and no fines or penalties were imposed before December 15, 2022 (§ 2415). Employers must retain records documenting hours worked and sick time accrued/used for at least two years. Failure to keep these records creates a rebuttable presumption that a violation occurred (§ 2412(A)).

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Pending Amendment Notice (June 2026): As of May 13, 2026, the Allegheny County Health Department has formally proposed amending Article XXIV to expand paid sick leave entitlements and add a countywide paid parental leave requirement. The public is invited to comment on the proposal through July 16, 2026. If the amendment is adopted as drafted, significant changes to coverage, accruals, and leave types will follow. Employers should monitor official county publications for updates. The current ordinance remains in effect until formal action is completed.

Source: Allegheny County Health Department, Article XXIV—Paid Sick Leave Source: Allegheny County Health Department, Press Release, May 13, 2026 (Paid Parental Leave Proposal) Source: Allegheny County Health Department, Press Release, June 12, 2026 (Comment Period Extension)

Under 42 Pa. C.S. § 4563(c), Pennsylvania law protects employees from retaliation by their employer for responding to a jury summons, appearing for jury service, or attending court for prospective jury duty. If an employer violates these protections, an affected employee may bring a civil action to recover lost wages and benefits, as well as to seek reinstatement. However, the statute itself does not specify a time limit or statute of limitations for filing such an action.

When a statute providing for a civil cause of action does not itself create a limitations period, Pennsylvania courts typically look to the most analogous limitations period found elsewhere in state law. For statutory employment retaliation claims that seek to recover lost pay or benefits, courts commonly apply the two-year statute of limitations set out in 42 Pa. C.S. § 5524(7), which governs "actions to recover wages or damages for injuries to persons or property." As of June 2024, no Pennsylvania appellate court decision directly addresses which limitations period applies to claims under 42 Pa. C.S. § 4563(c).

Because the statute is silent and the courts have not yet decided the issue in a published opinion, cautious practice is to use the two-year period provided for wage recovery actions under § 5524(7), unless future case law or legislative amendment clarifies otherwise.

Source: 42 Pa. C.S. § 4563 Source: 42 Pa. C.S. § 5524

Philadelphia’s “Promoting Healthy Families and Workplaces” ordinance requires employers to allow unused accrued sick time to be carried over from one calendar year to the next. However, an employee’s use of sick time cannot exceed 40 hours per calendar year, unless the employer’s policy voluntarily allows more. Alternatively, if an employer front-loads at least 40 hours of sick leave at the start of each calendar year (making the full amount available up-front), then the employer need not allow carryover at all:

• Carryover required for accrual-based policies: Any unused, accrued sick time from the current year must be carried over to the next, but employees can still use at most 40 hours in any one year unless a more generous policy is provided.
• Front-loading option: If 40 hours are granted at the start of the year, carryover is not required.

Employers may select either method to comply, but those using an accrual model must ensure both carryover and the per-year usage cap are observed.

Source: Promoting Healthy Families and Workplaces Regulations, §§ 4.8, 4.9