However, the cities of Philadelphia and Pittsburgh do. But, over 60% of small business employees have access to PTO for sickness, vacations, and holidays. The focus of this seminar will be wage and hour laws and general compliance. (Find out all about USERRA in Nolo's article, Taking Military Leave.) For example, if you are caring for an ailing family member or recovering from childbirth, you may have a right to leave under the federal Family and Medical Leave Act (FMLA). In addition to the leave provided by your employer’s discretionary policies on vacation time, sick leave, personal days, or paid time off (PTO), you may have a legal right to take time off work for specific reasons under federal and Pennsylvania laws. Although, if your state has no relevant laws, you can divide those categories as you see fit. Be careful not to create a claim for unpaid fringe benefits under the Pennsylvania Wage Payment and Collection Law. Federal Laws & PTO. In Pennsylvania, employers are not required to provide employees with vacation benefits, either paid or unpaid. Karen Welton from the U.S. Department of Labor will address the federal Fair Labor Standards Act. DISCLAIMER:  This blog post is for general information purposes only. To register, please visit www.swpahro.com. The laws range from changing how we vote to how military families pay for college. The Southwestern Pennsylvania Human Resources Organization is proudly hosting an Employment Law Seminar on Thursday, November 9, 2017 from 7:30 to 10:00 a.m. at Consol Energy in Southpointe (1000 Consol Energy Drive, Canonsburg.) Whether they are out-of-date and no one’s gotten around to updating the law books, or they just address a peculiarity of that particular place, there’s no doubt it’s interesting to compare them. Tom Wolf and state lawmakers need to change that to help protect public health. Rather, the WPCL serves as an enforcement mechanism by which current and former employees may compel employers to fulfill the obligations imposed by other laws and/or by the employer's own voluntarily entered employment contracts or policies, with respect to wages and benefits. Pennsylvania employers' obligations with respect to paying minimum wage and overtime are set forth under the federal Fair Labor Standards Act and the Pennsylvania Minimum Wage Act, along with the Regulations which implement each of these statutes. Employees receive one personal day the first calendar year of employment, 2 personal days the second calendar year, and four personal days each year thereafter. Sure, you don’t have to give your employees paid time off. Pennsylvania law also gives employees the right to take time off work, without fear of retaliation, for the civic responsibility of serving on a jury. Even if you are not required to provide paid leave, many companies choose to provide PTO for sick leave, vacations, and other events because it is a great value-added benefit for their employees. If an employer is not covered by these laws, the court must automatically excuse the employee from jury duty. Importantly, neither the federal Fair Labor Standards Act nor the Pennsylvania Minimum Wage Act include an entitlement to paid time off, or payment in lieu of unused time. This Standard Document addresses the accrual, use, and carryover of PTO, vacation, and sick days. Employers may not threaten or coerce employees who are called to jury duty, nor may they take away the benefits or seniority of any employee based on jury service. When a Pennsylvania employer closes a plant or conducts a large layoff, employees have certain rights. However, employees are entitled to 30 days of continued health insurance benefits at no cost. The Pennsylvania Supreme Court has lost four members — two Republicans and two Democrats — since that 2009 ruling. Some states also give leave for other purposes, such as time off to handle the effects of domestic violence, to recover from pregnancy and childbirth, to attend a child’s parent-teacher conferences and other school events, and so on. Although most states have laws that protect an employee’s right to take time off work to vote, many of which require paid time off, Pennsylvania is not one of them. 1301 Grandview Avenue, Ste 400 | Pittsburgh, PA 15211. In some states, the information on this website may be considered a lawyer referral service. If your state’s paid time off laws require you to pay out accrued vacation time when an employee is terminated, you can’t typically separate vacation, personal, and sick time from PTO. There are, however, specific statutes applicable in specific situations that entitle employees to leave, such as the sick leave requirement applicable to certain employees under the Pennsylvania Public School Code. This leave is unpaid. (Learn much more about your rights under the FMLA at our Taking Family and Medical Leave page.). In short, an employer must follow its own rules for these kinds of benefits or payments. Pennsylvania’s current minimum wage is $7.25. Overlapping Leave Laws and Employer PTO The FFCRA prohibits employers from requiring an employee to exhaust accrued paid-time-off (PTO) or state/local paid sick leave. Part-time and temporary employees, including student employees, are eligible for a prorated amount. Upon return from military duty, employees are entitled to reinstatement to their same position or a similar one, with the same status, pay, and seniority. Do Not Sell My Personal Information, The Essential Guide to Family & Medical Leave. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (For purposes of this military family leave provision only, employees may take leave to care for a wider set of family members, including siblings, grandparents, and cousins, if they are next of kin to an injured service member. This section contains user-friendly summaries of Pennsylvania laws as well as citations or links to relevant sections of Pennsylvania's statutes.Please select a topic from the list below to get started. This depends on the particular situation. However, Pennsylvania does not offer any additional family or medical leave rights beyond what the federal FMLA allows. Pittsburgh’s paid sick leave law was upheld Wednesday by a 4-3 majority. Exhausting PTO: Employees who use all of their PTO are unpaid for additional absences and are subject to discipline under the attendance policy. Overtime. Employers may not discriminate against employees based on their military service. Another federal law, the Unformed Services Employment and Reemployment Rights Act (USERRA) gives eligible employees the right to be reinstated to their jobs after taking up to five years off for service in the U.S. military. It is a common misconception that the WPCL, in and of itself, affords employees the right to wages and benefits. Pennsylvania law also gives employees the right to take time off work, without fear of retaliation, for the civic responsibility of serving on a jury. Please find your complimentary copy via the enclosed link. All employers must allow employees to take time off to serve on a jury, except for retail and service employers with fewer than 15 employees and manufacturing employers with fewer than 40 employees. Just click on the PDF to view. Accrual: Employees will accrue at least one hour of sick leave for every 35 hours of work within the … ), The FMLA applies to employers in all states with at least 50 employees. (See Employment At Will: What Does It Mean? The Southwestern Pennsylvania Human Resources Organization is proudly hosting an Employment Law Seminar on Thursday, November 9, 2017 from 7:30 to 10:00 a.m. at Consol Energy in Southpointe (1000 Consol Energy Drive, Canonsburg.) The question, however, is what is 'earned' of the PTO offered. The PTO will now be posting the Minutes from our PTO Meetings for all to see in the event someone is unable to attend. Under federal law, employers typically cannot deduct an exempt, salaried employee’s pay for time spent serving on a jury, unless the employee did no work for the entire week. Pennsylvania labor laws require an employer to pay overtime to employees, unless otherwise exempt, at … Employers may not fire or discriminate against any employee based on military service or membership in the armed forces. (1) Employees are only entitled to paid time off if an employment contract, policy or statute allows for the same. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. When the federal and state laws are in conflict, the law more advantageous to the employee is applied. Several new laws will go into effect in Pennsylvania in 2020. Constitution of Pennsylvania (external link) (Pennsylvania) 2. Colonial Charters, Grants and Related Documents: Pennsylvania (external link) (Yale Avalon Project) eight documents; including the Constitution of Pennsylvania, 1776 (external link) Back to Top Pennsylvania provides 13 days of sick leave per year to state employees. One area of particular focus will be Pennsylvania's Wage Payment Collection Law (WPCL), and the common misconceptions with respect to what the WPCL does and not require with respect to paid time off. An employee is entitled to at least minimum wage and overtime pay at time and a half for all hours worked over 40 hours per week. The FMLA also requires employers to give employees up to 26 weeks off to care for a family member who suffered or exacerbated a serious illness or injury while serving in the military. Although Pennsylvania does not have its own family and medical leave law, it does require employers to give employees time off for military service and jury duty. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. School District Publishing is proud to present the 2020-2021 Pennsylvania School Guide. Pennsylvania is one of 38 states without a law ensuring workers get paid time off. To view Minutes Click the DROP DOWN MENU under PTO Information Page. Other specific sources of authority, such as local ordinances or municipal codes, may also provide means of enforcement. In fact, there is no general law, at the federal or state level, that compels employers to provide these benefits. Pennsylvania employers must follow the rule that provides the greater benefit to the employee where there are differences between the two laws. The federal Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid leave per year to care for a seriously ill family member (spouse, parent, or child), recuperate from their own serious health conditions, bond with a new child, or handle certain practical matters arising from a family member’s military service. The laws of many states extend similar rights to employees who serve in the state’s military, including the right to take time off from work and to be reinstated afterwards. Pennsylvania Paid Sick Leave Law The state of Pennsylvania does not have a mandated paid sick leave. Paid time off, planned time off, or personal time off (PTO) is a policy in some employee handbooks that provides a bank of hours in which the employer pools sick days, vacation days, and personal days that allows employees to use as the need or desire arises. My presentation will cover an overview of Pennsylvania Wage and Hour Laws. There is no general legal right to PTO or vacation time. For purposes of PTO accrual and usage, full-time exempt monthly-paid staff are treated as working 40 hours per week (8 hours per day/5 days per week). In Pennsylvania, employers are not required to provide employees with vacation … Pennsylvania Law Welcome to the Pennsylvania Law section of FindLaw's State Law collection. Paid Time Off in Pennsylvania: What Is the Entitlement? Time off to serve on a jury is unpaid. Vacation Leave. Don't I Have to Be Paid for "On-Call" Time? A PA/PTA’s bylaws have two functions: formally establishing a school’s PA/PTA and detailing how it operates and is governed. Pennsylvania Labor Laws – Wage and Hour Minimum Wage. Employees are entitled to utilize federal emergency paid sick leave before using state or local paid sick leave or accrued employer-offered PTO. Some on-call … Of course, employers are also entitled to pay employees more than minimum wage, subject to any parameters agreed to between employer and employee in individual contracts or collective bargaining agreements. U-M COVID-19 Paid Time Off Available: March 13 – 31; May 1 – currently no expiration date. Pennsylvania Laws Prohibiting Discrimination and Harassment Title VII of the federal Civil Rights Act of 1964 prohibits employers from making job decisions based on race, color, religion, sex (including pregnancy), or national origin. For more information, see our article on pay docking. There are no federal laws around requiring PTO in any form, be it national holidays like New Year’s Day, paid sick leave, otherwise. Law stated as of 21 Sep 2020 • Pennsylvania A Pennsylvania-specific employee policy on paid time off (PTO), vacation, or sick days. The general mechanism available to an employee or former employee to enforce the employer's obligation to pay for accrued time off is Pennsylvania's Wage Payment and Collection Law. Most companies have formal paid time off policies. Pennsylvania statutes define wages as including all earnings of an employee including fringe benefits and defines promised vacation time as a fringe benefit. Lee Peterson Thank you. You are also welcome to post this guide on your website and/or social media and share it with your community. In reality, the WPCL does not set the amount of wages to be paid, nor does it create an entitlement to fringe benefits, including paid time off. Employees are eligible only if they have worked for the employer for at least 12 months and have worked 1,250 hours in the 12 months before taking leave. These 10 Crazy Laws in Pennsylvania Will Leave You Scratching Your Head In Wonder. Pennsylvania law requires that employers pay wages on regularly scheduled pay dates designated in advance by the employer. But, PTO payout laws by state may restrict whether you can establish a use-it-or-lose-it policy. Roseanne Saunders, J.D., SPHR, SHRM-SCP will address the role of HR audits in supporting compliance initiatives. An employer that has agreed to pay for vacation must pay for earned, unused time within 10 days of the person's … And if you do offer paid time off, you need to know your state’s PTO payout laws. Every state has its strange and sometimes archaic laws. Pennsylvania Employment Law Basics The federal and state employment laws forbid discrimination, make sure employers pay the minimum wage and compensate for overtime, and ensure employees are given the right to time off work for specific reasons, among other protections. In August, Bernalillo County, New Mexico, became the first local jurisdiction to enact a PTO mandate, while a bill that would require employers to provide paid personal time off remains under consideration by the New York City Council. After more than a four-year delay, the city of Pittsburgh’s Paid Sick Days Act will go into effect on March 15. Some state laws provide additional family and medical leave rights. However, special rules apply to exempt employees. Gov. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. A PA/PTA’s bylaws must contain, at a minimum, certain requirements contained in CR A-660.. The attorney listings on this site are paid attorney advertising. Many states, however, do have specific PTO payout laws. In Pennsylvania, employees who enlist or are drafted during a time of war or emergency called by the president or governor, along with members of the reserve or the Pennsylvania National Guard who are called to active duty, are entitled to take military leave. One area of particular focus will be Pennsylvania's Wage Payment Collection Law (WPCL), and the common misconceptions with respect to what the WPCL does and not require with respect to paid time off. Employers may not threaten or coerce employees who are called to jury duty, nor may they take away the benefits or seniority of any employee based on jury service. Some corrections officers have paid time off rather than sick, annual, or personal leave. Maine. COVID-19 Paid Time Off (COVID-19 PTO) is a one-time bank of up to 80 hours, created on March 13. to learn more.). 1. Employer Reimbursement for Leave Regardless of whether you call it vacation time, sick time, furlough, PTO, PDO or some combination of the above, you should pay attention to states’ laws. Most employers, however, give PTO or vacation time to their employees. PTO is accrued monthly and is available for use by the staff member the month following the month of accrual. For more information, see our page on employee leave rights. Nevada enacted a similar “no reason” PTO law shortly thereafter. That being said, it is illegal in Pennsylvania for an employer to not pay 100% of earned PTO/vacation time. The focus of this seminar will be wage and hour laws and general compliance. Three of those justices were replaced by Democrats, giving the court its current 5-2 party split. And, employees may be fired only for good cause for a period of up to one year after they return from service, even if they would otherwise work at will. In the search for a more general entitlement to paid time off, employers and employees often mistakenly look to the WPCL, since fringe benefits are explicitly discussed in that statute. However, to the extent an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. This event is sponsored by TJS Insurance Group, This article is written by Rachel K. Lozosky, Esquire, Partner at Peacock Keller & Ecker, LLP. For more information, be sure to join us for our Employment Law Seminar on November 9! Pennsylvania PTA 4804 Derry Street Harrisburg, PA 17111-3440 717-564-8985 Fax: 717-564-9046 Email: info@papta.org The Pennsylvania PTA state office is Pennsylvania employers' obligations with respect to paying minimum wage and overtime are set forth under the federal Fair Labor Standards Act and the Pennsylvania Minimum Wage Act, along … It is not intended to be, and must not be taken as, legal advice, nor does it create an attorney client relationship between the author or the firm of Peacock Keller, or TJS Insurance Group and any reader. Feel free to forward this link to any and all interested parties. This is for tracking purposes only and is not intended to reflect actual hours worked. Employees who are members of a union might have rights through their collective bargaining agreement, such as the ability to apply for open positions or to “bump” less senior employees who have not been targeted for layoff. To register, please visit. This article provides an overview of your right to time off from work in Pennsylvania. For example, some state laws apply to smaller employers, provide for more leave, or allow employees to take leave for a broader set of family members than the FMLA. It can be incorporated into an employee handbook or used as a stand-alone policy document. In such circumstances, earned vacation will generally be treated as wages pursuant to state wage payment and collection laws. Please click here to register. Pennsylvania ) 2 welcome to the Pennsylvania Law requires that employers pay wages on regularly scheduled dates. If an employer to not pay 100 % of earned PTO/vacation time unpaid for additional absences and subject... School Guide leave or accrued employer-offered PTO three of those justices were replaced by Democrats, giving court... Karen Welton from the U.S. Department of Labor will address the role of HR audits supporting... 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