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Ordinance amending the Pittsburgh Code at Title Six: Conduct, Article I: Regulated Rights and Actions, Chapter 626: Paid Sick Days Act, Section 626.03: Accrual of Sick Time, so as to change the rate at which employees can accumulate paid sick leave hours, and increase the maximum total amount of paid sick leave hours that can be accumulated.
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The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh Code is hereby amended at Title Six: Conduct, Article I: Regulated Rights and Actions, Chapter 626: Paid Sick Days Act, Section 626.03: Accrual of Sick Time as follows:
§ 626.03 ACCRUAL OF SICK TIME.
(a) All employees shall have the right to sick time established herein.
(b) All employees of employers with fifteen (15) or more employees shall accrue a minimum of one (1) hour of paid sick time for every thirty-five thirty (3530) hours worked in Pittsburgh unless the employer provides a faster accrual rate.
(1) Employees of employers with fifteen (15) or more employees shall be permitted to accrue no more than forty seventy-two (4072) hours of paid sick time in a calendar year, unless the employer designates a higher amount.
(a) At no point shall an employee of an employer with fifteen (15) or more employees be permitted to have access to more than forty seventy-two (4072) hours of paid sick time, unless the employer designates a higher amount.
(c) All employees of employers with fewer than fifteen (15) employees shall accrue a minimum of one (1) hour of sick time for every thirty-five thirty (3530) hours worked in Pittsburgh, unless the employer provides a faster accrual rate.
(1) From the effective date of this Chapter until the completion of one (1) year after the effective date, employees of employers with fewer than fifteen (15) employees shall be permitted to accrue no more than twenty-four (24) hours of unpaid sick time, unless the employer designates a higher amount.
(2 1) Henceforth, after the passage of one (1) year after the effective date of this Chapter, Employees of employers with fewer than fifteen (15) employees shall be permitted to accrue no more than twenty-four forty-eight (24 48) hours of paid sick time, unless the employer designates a higher amount.
(a) Henceforth, a At no point shall an employee of an employer with fewer than fifteen (15) employees be permitted to have access to more than twenty-four forty-eight (24 48) hours of paid sick time, unless an employer designates a higher amount.
(d) Employees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1) of the Federal Fair Labor Standards Act will be assumed to work forty (40) hours in each workweek for purposes of sick time accrual, unless their normal workweek is less than forty (40) hours, in which case sick time accrues based upon that normal workweek.
(e) The accrual of sick time, as provided in this Chapter, shall begin on the effective date of this Chapter, as to an employee who is employed as of such effective date. All employees who become employed after such effective date shall begin to accrue paid sick time at the commencement of their employment.
(f) All employees shall be entitled to use accrued sick time beginning on the ninetieth calendar day following the commencement of their employment.
(g) Accrued sick time shall be carried over to the following calendar year, except when:
(1) An employer that employs fifteen (15) or more employees provides at least forty seventy-two (4072) hours of paid sick time at the beginning of each calendar year; or
(2) An employer that employs fewer than fifteen (15) employees provides at least twenty-four forty-eight (2448) hours of paid sick time at the beginning of each calendar year.
(h) An employer is not obligated to provide financial or other reimbursement to an employee upon the employee's termination, resignation, retirement, or other separation from employment for unused sick time that has been accrued.
(i) If an employee is transferred to a separate division, entity or location, but remains employed by the same employer, the employee is entitled to all sick time accrued at the prior division, entity or location and is entitled to use all sick time as provided in this Section.
(1) When there is a separation from employment and the employee is rehired within six (6) months of separation by the same employer, previously accrued paid sick time that had not been used shall be reinstated.
(a) The employee shall be entitled to use accrued paid sick time and accrue additional paid sick time at the recommencement of employment.
(j) At its discretion, the employer may loan sick time to the employee in advance of accrual by such employee.
(k) When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all earned sick time accrued when employed by the original employer and are entitled to use all earned sick time previously accrued.
(l) Any employer with a paid leave policy, such as a paid time off policy, who makes available an amount of paid leave sufficient to meet the accrual requirements of this Section that may be used for the same purposes and under the same conditions as sick time under this Chapter is not required to provide additional sick time.
(m) Any employer with a collective bargaining agreement that makes available a sufficient amount of paid leave to meet the accrual requirements of this Section that may be used for the same purposes and under the same conditions as sick time under this Chapter is not required to provide additional sick time.