Pennsylvania state law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract. An employer should regularly review its policies published in employee handbooks because these policies may constitute implied contracts that are binding and enforceable. Although there are no state laws, there are federal laws that may compel a Pennsylvania employer to provide unpaid sick leave, such as the Family and Medical Leave Act (FMLA) or other laws. Not every employer is subject to the provisions of the FMLA. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Some of the most common reasons for taking sick time under the FMLA are for the birth of a child, serious illness of the employee, or to care for a spouse, parent, or child who has a serious medical condition.
New Jersey state law, like Pennsylvania, does not require employers to provide employees with sick leave benefits, paid or unpaid. Should an employer choose to provide sick leave benefits, it must comply with the terms of its established policy or contract. New Jersey employers may be required to provide unpaid sick leave under federal laws like the FMLA. An employee may also be entitled to benefits under New Jersey’s Family Leave Insurance program, which is funded by employee payroll deductions. In the Family Leave Insurance program, employees who take family leave within 14 days of their last day of work in covered New Jersey employment are covered for family leave insurance under the State Plan or an approved Private Plan. Employees whose family leave begins more than 14 days after their last day of work in covered employment may be covered under Family Leave During Unemployment.
Delaware state law also does not require employers to provide employees with sick leave, either paid or unpaid. Similarly, if an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract. Delaware is also subject to federal laws regarding sick leave, including the FMLA.
