It’s the most wonderful time of the year – unless you can’t get the time off to spend it with your family or the holiday pay you were expecting never materializes! What are your rights regarding time off or paid holidays as an employee? The employment lawyers at Saffren & Weinberg are here to shed some light on employment law in Philadelphia.
How Much Paid Time Off (PTO) Are You Entitled to in Pennsylvania?
Like many states, Pennsylvania law places very few requirements on private employers regarding paid or unpaid time off for their employees’ vacations, holidays, sick days, or personal time. Consequently, your employer is relatively free to implement its policies, provided they follow state and federal employment law and consistently practice their policies. And, because each employer sets their policies, it can mean that “time off” during the holidays can look very different from company to company.
Your employer must advise you of all its company policies when you are hired, either in the company handbook or through the terms of your employment contract. Both of you are then bound by these terms.
Do You Have Any Rights if Your Employer Denies You Time Off?
That depends.
The holidays are a popular time for many employees to try to arrange time off from work, and employers can’t accommodate everyone who wants to take time off. There should be procedures in place that dictate how you will be granted time off at these times.
But religious holidays are covered under anti-discrimination laws. According to Title VII of the Civil Rights Act of 1964, your employer must make reasonable accommodations to request time off for a religious holiday. But the key word is “reasonable.”
If allowing an employee a religious holiday off causes undue hardship for the employer, i.e., if it is “costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work,” that accommodation is not required.
What If You Just Call in Sick?
Employers usually have many requests for time off during the holidays and must accommodate these requests in a nondiscriminatory and consistent way. Some companies try to be flexible by allowing employees to make up the time elsewhere, splitting the day off, or switching shifts with another coworker.
But it’s important to remember that if your employer cannot accommodate your holiday time off request and requires you to be at work, there may be consequences if you don’t show up. If you call in sick on a holiday when you are supposed to be working, you may put yourself at risk for disciplinary actions.
Are You Entitled to Holiday Pay?
Like granting time off, employers in Pennsylvania aren’t legally responsible for paying holiday pay either, unless it is their company policy. Even when an employer does offer paid holiday leave, if you work on a holiday, you aren’t necessarily entitled to overtime holiday pay unless your weekly hours have exceeded the standard work week. You are entitled to receive overtime pay at 1.5 times your regular pay rate only if you have worked beyond the standard 40-hour workweek, even if it is a holiday.
If you have any questions about holiday pay or time off, consult with your employer’s employment handbook, your employment contract, or your company’s HR department. If you feel your rights may have been denied, it’s important to get the insight and guidance of an experienced employment lawyer to understand your legal rights and what recourse you may have.
Under What Conditions Do You Have a Legal Right to Take a Leave of Absence in Pennsylvania?
While Pennsylvania doesn’t have a state-specific employee leave law, there are other federal, state, and local laws that do protect an employee’s right to a leave of absence.
Pennsylvania businesses must adhere to federal Family and Medical Leave (FMLA) requirements, state FMLA/SPF absence requirements, and other unpaid leave laws. These include:
- Jury duty
- Voting
- Medical and family leave
- Military leave
- Organ donor leave
- Dealing with domestic violence issues
- Taking time off due to a disability
Furthermore, Philadelphia, Pittsburgh, and Allegheny County businesses must comply with local employment statutes.
How Does Philadelphia’s Employment Law Protect Workers?
Pennsylvania employment law doesn’t require that employers provide sick leave to their employees, either paid or unpaid, but the city of Philadelphia has an ordinance that does govern this.
Guidelines for paid sick leave in Philadelphia include:
- The size of the company dictates whether leave is paid or unpaid. Employers with nine or fewer employees must provide unpaid sick leave, while employers with ten or more employees must provide paid sick leave.
- The duration of the employee’s employment dictates how much sick leave they are entitled to. Employees with 90 days of employment or more can earn one hour of sick leave for every 40 hours worked, with a maximum of 40 hours of accumulated sick leave per year. This does not include some workers such as temporary employees, independent contractors, seasonal employees, or others.
- Employers must notify their employees that they are entitled to sick leave, how much, and the terms by which they’re entitled to it.
- The employer can’t require the employee to find a replacement worker to use their sick leave.
- An employer can’t retaliate against an employee who has exercised their right to take sick leave.
- The employee can use their sick days for their own needs, to care for another family member, or to deal with a matter of domestic assault or abuse.
Getting the Assistance of an Experienced Pennsylvania Employment Law Firm
Needless to say, employee rights in Pennsylvania are highly nuanced depending on the specific circumstances. But when employers don’t consistently follow state and federal employment laws or their own policies, they risk a breach of contract lawsuit, a wrongful termination claim, or liability under the Pennsylvania Wage Payment and Collection Law for damages.
As an employee, you have essential legal rights. Let the skilled employment lawyers at Saffren & Weinberg protect them. Call us at (215) 309-9577 or contact us through our online contact form to schedule a no-cost consultation.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with Saffren & Weinberg, we are not your legal representatives.