(1) All employees as defined in this Chapter have the right to sick time as provided herein.
(a) All employers that employ ten or more employees shall provide paid sick time to their employees in accordance with the provisions of this Chapter.
(b) All employees not entitled to paid sick time pursuant to this Chapter shall be entitled to unpaid sick time in accordance with the provisions of this Chapter.
(2) All employees shall accrue a minimum of one hour of sick time for every 40 hours worked in Philadelphia. Employees will not accrue more than 40 hours of sick time in a calendar year, unless the employer selects a higher limit.
(3) 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 40 hours in each work week for purposes of sick time accrual unless their normal work week is less than 40 hours, in which case sick time accrues based upon that normal work week.
(4) Sick time as provided in this Section shall begin to accrue on the effective date of this Ordinance, as to an employee who is employed as of such effective date. An employee who becomes employed after such effective date shall begin to accrue paid sick time at the commencement of his or her employment.
(5) Employees shall be entitled to use accrued sick time beginning on the 90th calendar day following commencement of their employment. After the 90th calendar day of employment, employees may use sick time as it is accrued.
(6) Sick time shall be carried over to the following calendar year unless the employer provides at least 40 hours of sick time at the beginning of each calendar year. An employee's use of sick time provided under this Chapter in each calendar year shall not exceed 40 hours, unless the employer chooses to provide a higher limit.
(7) Any employer with a paid leave policy, who makes available an amount of paid leave (including but not limited to vacation days, sick days, short-term disability benefits, floating holidays, parental leave, personal days, or PTO), sufficient to meet or exceed the accrual requirements of this Section, and 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.
(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.
(9) Nothing in this Section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued sick time that has not been used.
(10) At its discretion, the employer may loan sick time to the employee in advance of accrual by such employee.