No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
Wages include fringe benefits, such as vacation pay (43 Pa. Stat. Ann. § 260.2a; Harding v. Duquesne Light, Co., 882 F. Supp. 422 (W.D. Penn. 1995)).
- Use-It-or-Lose-It Policy
The state of Pennsylvania has no statute governing the policy.
- Payment of Accrued Vacation on Termination
An employer’s policy or agreement determines whether earned, unused vacation is paid on termination.
The state of Pennsylvania has no statute governing vacation, sick, safe, PTO leave.
The following cities and municipalities have statute governing sick and safe leave:
Philadelphia, Pennsylvania Paid Sick Leave Laws
It applies to employers with 10 or more employees and employees who work at least 40 hours a year in Philadelphia.
Employers are required to give 1 hour for every 40 hours worked. The annual accrual cap is 40 hours. Employees are allowed to use the maximum of 40 hours per year.
Sick leave covers the following reasons:
Employee’s or a family member’s illness, injury or condition; preventive care; reasons related to stalking, domestic or sexual violence.
Pittsburgh, Pennsylvania Paid Sick Leave Laws
It applies to all employers doing business in Pittsburgh covered, those with less than 15 employees may provide unpaid leave for the first year, and employees working 35 hours or more inside the city.
Employers with more than 15 employees are required to give 1 hour for every 35 hours worked capped at 40 hours. The maximum usage per year is 40 hours.
Employers with fewer than 15 employees are required to give 1 hour for every 35 hours worked capped at 24 hours. Maximum usage per year is 24 hours.
Sick leave covers the following reasons:
Employee’s or family member’s mental or physical illness, injury, or health condition; the need for medical diagnosis or treatment of illness, injury, or health condition.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Pennsylvania has the following laws regarding Maternity and Paternity Leave:
The Pennsylvania Human Relations Act applies to employers with four or more employees and prohibits employment discrimination against any applicant, employee, or independent contractor on the basis of sex, including childbirth, pregnancy, and other related medical conditions. The Act requires employers to treat pregnancy the same way as any other temporary disability, including commencement and duration of disability leave, the availability of extensions, the accrual of seniority and other benefits while on leave, and job reinstatement.
Pennsylvania’s Pregnancy Guidelines provide that all employer policies regarding job benefits and job security must be applied to women disabled by pregnancy on the same terms as they are applied to other disabilities. The Guidelines do not prohibit an employer from allowing additional time off for child-rearing, but it must be provided equally to both male and female employees.
Jury Duty Leave
Employers must provide unpaid leave to employees summoned to jury duty.
This law does not apply to:
- Retail or service industry employers with fewer than 15 employees
- Manufacturing industry employers with fewer than 40 employees.
Job protections apply.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Pennsylvania does not have any laws that require an employer to grant its employees leave, either paid or unpaid, to vote.
Pennsylvania law provides the following job protections for military members, in addition to the Uniformed Services Employment and Reemployment Rights Act:
- Re-employment rights for members of the Pennsylvania National Guard or any Reserve component of the U.S. Armed Forces following an emergency or other military duty
- Discrimination protections for members of the National Guard or any Reserve component of the U.S. Armed Forces or employees who are called or ordered to active state or federal duty
- Extension of benefits during military duty