Pennsylvania has no statewide law requiring employers to provide paid sick leave. There is no Pennsylvania statute that forces a private employer to give you a single paid hour off when you are sick. Instead, paid sick time in Pennsylvania is governed entirely by local ordinances in a handful of places, most importantly the City of Philadelphia, the City of Pittsburgh, and Allegheny County. If you work outside one of those jurisdictions, whether you get paid sick days is left to your employer's own policy or your union contract. This is a critical distinction: a worker in Philadelphia has a legal right to accrue paid sick time, while a worker doing the identical job in, say, Harrisburg or Scranton generally does not.
The federal baseline: no paid sick leave at all
It helps to understand what federal law does and does not provide. There is no federal law requiring private employers to offer paid sick leave. The federal Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of job-protected but unpaid leave for a serious health condition or to care for a family member, but it does not put money in your pocket. The federal Fair Labor Standards Act (FLSA) sets a minimum wage of $7.25 per hour and overtime after 40 hours in a week, but it says nothing about sick days. Pennsylvania's own minimum wage also sits at $7.25 per hour as of 2026 (the state has not raised it above the federal floor); confirm the current figure with the Pennsylvania Department of Labor & Industry before relying on it. So unless a city or county ordinance applies to you, paid sick leave in Pennsylvania is a voluntary benefit, not a legal entitlement.
Philadelphia: the Promoting Healthy Families and Workplaces Act
Philadelphia is the largest jurisdiction in Pennsylvania with a paid sick leave law. Under the city's Promoting Healthy Families and Workplaces Act, covered employees earn one hour of sick time for every 40 hours worked, up to a cap of 40 hours (about five days) per calendar year.
Paid vs. unpaid: Employers with 10 or more employees must provide this time as paid sick leave. Employers with fewer than 10 employees must still let workers accrue and use the time, but it can be unpaid and job-protected.
Who is covered: Most employees who work at least 40 hours a year within Philadelphia are covered, including part-time workers. Certain groups are excluded, such as independent contractors, seasonal workers, some state and federal employees, and workers covered by a collective bargaining agreement that waives the law.
Carryover: Unused time generally carries over to the next year, but the employer can still cap annual use at 40 hours, and is not required to pay out unused sick time when you leave.
Pittsburgh: the Paid Sick Days Act
The City of Pittsburgh enforces its own Paid Sick Days Act, which the Pennsylvania Supreme Court upheld in 2019 after a long legal challenge. The accrual rate is one hour of paid sick time for every 35 hours worked. The annual cap depends on employer size:
Employers with 15 or more employees must allow up to 40 hours of paid sick time per year.
Employers with fewer than 15 employees must allow up to 24 hours per year (and, during the first year the law applied to a small employer, that time could be unpaid before phasing into paid).
As with Philadelphia, the time covers the employee's own illness, medical care, and care for a sick family member, and unused hours can carry over subject to the annual cap.
Allegheny County
Beyond the City of Pittsburgh, Allegheny County adopted its own Sick Leave ordinance covering employers operating within the county but outside Pittsburgh's city limits. It follows a similar structure: employees accrue one hour for every 35 hours worked, up to 40 hours per year, with coverage tied to employer size thresholds. Because this is a newer law and the covered-employer thresholds and effective dates have phased in over time, workers in Allegheny County should verify the current rules directly with the county.
What counts as a covered use
Across these Pennsylvania ordinances, sick time can typically be used for:
Your own mental or physical illness, injury, diagnosis, or preventive care.
Care for a family member (child, spouse, parent, and other defined relatives) who is ill or needs medical care.
Absences related to domestic violence, sexual assault, or stalking, including seeking legal or medical help.
Closure of your workplace or your child's school or childcare by order of a public health official.
How sick leave interacts with PTO and FMLA
If your employer already offers a paid time off (PTO) or vacation policy that gives you at least as much paid leave as the local ordinance requires, and lets you use it for the same reasons under the same conditions, the employer generally does not have to provide additional sick time on top of it. In other words, a generous PTO bank can satisfy a Philadelphia or Pittsburgh requirement, but a vacation-only policy that you cannot use when sick will not.
Local paid sick leave and the federal FMLA run on separate tracks. FMLA provides longer, unpaid, job-protected leave for serious conditions; local sick time provides shorter, paid leave for routine illness. The two can overlap, your employer may require you to use accrued paid sick time during an FMLA absence so that part of your unpaid FMLA leave is paid, but the FMLA itself never requires payment.
How to enforce your rights and where to verify
Because these are local laws, enforcement is handled locally, not by a single statewide sick-leave agency:
In Philadelphia, complaints go to the city agency that administers the Promoting Healthy Families and Workplaces Act (the Office of Worker Protections / Mayor's Office of Labor).
In Pittsburgh and Allegheny County, the respective city and county enforcement offices handle complaints.
For statewide wage, minimum wage, and overtime questions, contact the Pennsylvania Department of Labor & Industry, Bureau of Labor Law Compliance.
Employers are prohibited from retaliating against you for requesting or using protected sick time. Keep records of your hours worked, your accrued balance, and any sick-leave requests and denials. Because local ordinances change their employer-size thresholds, accrual caps, and covered uses over time, always confirm the current rule with the specific city or county that governs your worksite, and with the Pennsylvania Department of Labor & Industry, before acting on it.
Official Pennsylvania Sources
This page is based on Pennsylvania employment law. Rules and figures change — verify the current details directly with the official Pennsylvania sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Pennsylvania state law.
Frequently asked questions
Does Pennsylvania require paid sick leave statewide?
No. Pennsylvania has no statewide paid sick leave law. Paid sick time is required only by local ordinances in places like Philadelphia, Pittsburgh, and Allegheny County. Elsewhere in Pennsylvania, paid sick leave is voluntary unless your employer's policy or union contract provides it.
How much paid sick leave do Philadelphia workers earn?
Under Philadelphia's Promoting Healthy Families and Workplaces Act, covered employees accrue one hour of sick time for every 40 hours worked, up to 40 hours per year. Employers with 10 or more employees must pay for it; smaller employers must still allow the time but it can be unpaid.
What is the accrual rate in Pittsburgh?
Pittsburgh's Paid Sick Days Act provides one hour of paid sick time for every 35 hours worked. Employers with 15 or more employees must allow up to 40 hours per year, while employers with fewer than 15 employees must allow up to 24 hours per year.
Can my employer make me use PTO instead of separate sick days?
Yes, if your paid time off policy provides at least as much leave as the local ordinance and lets you use it for the same sick-leave reasons under the same terms, your employer generally does not have to give additional sick time on top of it.
Does FMLA give me paid sick leave in Pennsylvania?
No. The federal FMLA provides up to 12 weeks of job-protected but unpaid leave for serious health conditions. It can run alongside local paid sick time, and your employer may require you to use accrued paid sick time during FMLA leave, but FMLA itself never requires payment.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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