header-left
Share to Facebook Share to Twitter Bookmark and Share
File #: 200303    Version: 0 Name:
Type: Bill Status: IN COMMITTEE
File created: 5/1/2020 In control: Committee on Public Health and Human Services
On agenda: Final action:
Title: Amending Chapter 9-4100 of The Philadelphia Code, entitled "Promoting Healthy Families and Workplaces," to establish leave time for public health emergencies, modify existing provisions concerning the paid sick leave, and make technical changes, all under certain terms and conditions.
Sponsors: Councilmember Brooks, Councilmember Henon, Councilmember Gym
Indexes: PROMOTING HEALTHY FAMILIES AND WORKPLACES
Code sections: 9-4100 - PROMOTING HEALTHY FAMILIES AND WORKPLACES
Attachments: 1. Bill No. 20030300.pdf
Title
Amending Chapter 9-4100 of The Philadelphia Code, entitled "Promoting Healthy Families and Workplaces," to establish leave time for public health emergencies, modify existing provisions concerning the paid sick leave, and make technical changes, all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Chapter 9-4100 of The Philadelphia Code is hereby amended to read as follows:
CHAPTER 9-4100. PROMOTING HEALTHY FAMILIES AND WORKPLACES
* * *
? 9-4104. Accrual of Paid Sick Time.
* * *
(8) The requirements of this Chapter shall not apply to an employer with respect to those employees who are covered by a bona fide collective bargaining [agreement.] agreement, except to the extent specifically provided.
* * *
? 9-4116. Public Health Emergency Leave
(1) Definitions. For the purposes of this Section 9-4116 the following definitions shall apply in place of any definition provided under Section 9-4103:
(a) "Employee" means any individual employed by an employer who performs work within the geographic boundaries of the City of Philadelphia for at least 40 hours in a year. There shall be a rebuttable presumption that any individual performing work for an employer is an employee unless the employer can demonstrate the following conditions are satisfied:
(i) The individual is free from the control and direction of the hiring entity in connection with the performance of the labor or services, both under the contract for the performance of the work and in fact;
(ii) The individual performs labor or services that are outside the usual course of the hiring entity's business;
(iii) The individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the labor or services performed.
(b) "Employer" is as defined in the Act of January 17, 1968, P.L. 11, No. 5, ? 3 (43 P.S. ? 333.103(g) regardless...

Click here for full text