Pennsylvania Remote Work Laws 2026
⚠️Informational only — not legal or tax advice.
Last Updated: December 2025
Applicable Period: 2026 tax year and current employment regulations
Key Characteristic: Employers with remote workers physically located in Pennsylvania
Table of Contents
- Overview
- Key Legal Framework
- Employee Classification Standards
- Paid Sick Leave Programs (Local Ordinances)
- Workers' Compensation Overview
- Other Leave Entitlements
- Anti-Discrimination Laws
- Additional Employment Protections
- Tax Information
- Remote Work Considerations
- Resources
- Frequently Asked Questions
Overview
Pennsylvania is generally considered to have moderate levels of employment regulation compared to other states. According to official state sources, Pennsylvania has maintained its minimum wage at the federal floor since 2006, while neighboring states have enacted higher minimum wages. The Commonwealth follows federal standards in many employment areas while maintaining its own specific requirements in others.
General Characteristics (Information as of December 2025):
- State minimum wage: $7.25/hour (unchanged since 2006; proposed legislation for increases pending)
- Paid sick leave: Not mandated by state law; local ordinances exist in Philadelphia, Pittsburgh, and Allegheny County
- State income tax: Flat 3.07% rate on most income types
- Meal/rest breaks: Not generally required by state law for adult employees
- Overtime rules: Generally follows federal FLSA requirements (time-and-a-half after 40 hours/week)
- Workers’ compensation: Generally required for most employers
⚠️ Note: These are general starting points only. Specific applicability depends on many factors including employer size, industry, location, and individual circumstances. Information reflects sources available as of December 2025 and may not include recent legislative changes or pending bills. Consult official sources and legal counsel for guidance on specific situations.
Sources:
- Pennsylvania Department of Labor & Industry: https://www.pa.gov/agencies/dli
- Pennsylvania Minimum Wage Act of 1968
- Pennsylvania Workers’ Compensation Act
Key Legal Framework
Official State Agency Information
The Pennsylvania Department of Labor & Industry (L&I) administers employment laws in Pennsylvania. According to official sources, L&I was established in 1913 and employs more than 5,000 workers in 200 offices statewide.
Contact Information:
- Website: https://www.pa.gov/agencies/dli
- Phone: See specific bureau contacts below
- Main Address: 651 Boas Street, Harrisburg, PA 17121
- Languages: English (additional language services may be available)
⚠️ Note: This agency can provide official interpretations of state law. For legal advice on how laws apply to your specific situation, consult a licensed attorney in Pennsylvania.
Major State Employment Statutes
The following statutes are commonly cited in employment matters. This is general information only and does not constitute legal interpretation. Information reflects sources available as of December 2025.
1. Pennsylvania Minimum Wage Act of 1968
Statutory Citation: Act of January 17, 1968, P.L. (1967) 977, No. 319
Codification: 43 P.S. § 333.101 et seq.
Official Source: https://www.legis.state.pa.us/
General Provisions (as stated in the statute): According to the Pennsylvania Minimum Wage Act, the law generally:
- Sets minimum wage standards for employees in Pennsylvania
- Establishes overtime compensation requirements
- Defines covered employment and exemptions
- Provides enforcement mechanisms through the Department of Labor & Industry
Application to Remote Work: These provisions generally apply based on where work is physically performed. Specific applicability depends on multiple factors including employee location, employer location, and nature of work. Consult Pennsylvania L&I or legal counsel for guidance on particular situations.
Source: Pennsylvania Department of Labor & Industry – Bureau of Labor Law Compliance https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law
2. Pennsylvania Workers’ Compensation Act
Statutory Citation: Act of June 2, 1915, P.L. 736, No. 338
Effective Date: Originally enacted 1915; amended numerous times
Official Source: https://www.legis.state.pa.us/
General Overview: According to the Pennsylvania Department of Labor & Industry, this law generally requires employers to provide workers’ compensation coverage for employees injured as a result of employment, without regard to fault. The statute defines benefits available to Pennsylvania workers, conditions under which benefits may be available, and procedures for obtaining them.
Coverage typically may include:
- Medical treatment for work-related injuries
- Wage replacement for lost work time
- Disability benefits in qualifying circumstances
- Occupational disease coverage
Exemptions may include:
- Workers covered under other compensation acts (railroad workers, federal employees, longshoremen)
- Domestic servants (coverage is optional)
- Agricultural workers who work fewer than 30 days or earn less than $1,200 annually from one employer
- Employees granted exemption based on religious beliefs or executive status
⚠️ Note: Actual coverage and obligations depend on specific circumstances. Employers should consult Pennsylvania L&I Bureau of Workers’ Compensation and legal counsel for compliance guidance.
Source: Pennsylvania Department of Labor & Industry – Workers’ Compensation https://www.pa.gov/agencies/dli/programs-services/workers-compensation
3. Pennsylvania Unemployment Compensation Law
Statutory Citation: Act of December 5, 1936 (2nd Sp. Sess., 1937), P.L. (1937) 2897, No. 1
Official Source: https://www.uc.pa.gov/
General Framework: According to official sources, Pennsylvania’s Unemployment Compensation Law generally provides temporary income support to eligible workers who lose employment through no fault of their own. The law establishes eligibility criteria, benefit amounts, and employer contribution requirements.
Application to Remote Workers: Unemployment compensation eligibility generally depends on factors including work location, employer location, and where services were performed. Multi-state remote work situations may involve complex jurisdictional questions. Consult Pennsylvania UC authorities and legal counsel for guidance on specific situations.
Source: Pennsylvania Office of Unemployment Compensation https://www.uc.pa.gov/
4. Pennsylvania Human Relations Act
Statutory Citation: Act of October 27, 1955, P.L. 744, No. 222
Official Source: https://www.phrc.pa.gov/
General Provisions: According to the Pennsylvania Human Relations Commission, this law generally prohibits discrimination in employment, housing, and public accommodations based on protected characteristics including:
- Race
- Color
- Religious creed
- Ancestry
- Age (40 and older)
- Sex
- National origin
- Disability
- Familial status (in housing)
Coverage: The law generally applies to employers with four or more employees. Specific coverage and protections depend on the type of discrimination alleged and other factors.
⚠️ Note: Anti-discrimination laws contain detailed provisions and exceptions. For questions about discrimination, harassment, or retaliation, consult the Pennsylvania Human Relations Commission or legal counsel.
Source: Pennsylvania Human Relations Commission https://www.phrc.pa.gov/
Bureau-Specific Contacts
Bureau of Labor Law Compliance:
- Function: Enforces minimum wage, overtime, and related provisions
- Website: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations
- For wage complaints: File through online system or contact local district office
Bureau of Workers’ Compensation:
- Function: Administers workers’ compensation system
- Phone: 1-800-482-2383 (within PA)
- Website: https://www.pa.gov/agencies/dli/programs-services/workers-compensation
Office of Unemployment Compensation:
- Function: Administers unemployment benefits
- UC Helpline: 1-888-313-7284
- Website: https://www.uc.pa.gov/
Employee Classification Standards
Pennsylvania’s Classification Framework
According to official sources and statutory provisions, Pennsylvania applies different classification tests depending on the legal context. A worker might be classified as an employee for one purpose (such as unemployment compensation) but potentially as an independent contractor for another purpose (such as certain federal tax matters).
Key Tests Applied in Pennsylvania:
1. Unemployment Compensation (UC) Test For unemployment compensation purposes, Pennsylvania generally applies a modified version of the “ABC Test” (sometimes called the “AC Test” because it uses only two prongs). According to Pennsylvania UC law, this test creates a presumption that workers are employees unless the employer can demonstrate both of the following conditions:
Condition A: Freedom from Control Condition C: Independent Business
2. Workers’ Compensation Test For workers’ compensation purposes, Pennsylvania courts generally apply the “Right to Control” test or “Relative Nature of Work” test.
3. Wage and Hour Test For minimum wage and overtime purposes, Pennsylvania generally follows federal Fair Labor Standards Act (FLSA) standards.
4. Federal Tax Test The IRS applies its own multi-factor “Common Law” test for federal tax purposes.
⚠️ CRITICAL: Because different tests apply in different contexts, a worker could be classified as an independent contractor for federal tax purposes but still be considered an employee under Pennsylvania unemployment compensation law. Employers must analyze classification under each relevant framework.
Pennsylvania Unemployment Compensation Classification Test
Statutory Authority: Act of December 5, 1936, Section 4(l)(2)(B)
Official Source: https://www.uc.pa.gov/
According to Pennsylvania unemployment compensation law and regulations, services performed by an individual are generally considered employment unless the employer can prove both of the following conditions are met:
Condition A: Freedom from Control or Direction
General Description (based on official guidance): According to Pennsylvania UC law, this condition examines whether the individual has been and will continue to be free from control or direction over the performance of services, both under the contract for service and in fact.
Factors that may be relevant (examples from case law and official guidance):
- Whether the employer has the right to control how, when, and where the work is performed
- Whether the employer provides training or detailed instructions
- Whether the employer sets the work schedule
- Whether the employer requires work to be performed at a specific location
- Whether the employer supervises the work or has right to supervise
- Whether the worker must follow employer policies and procedures
Illustrative Scenario 1 (For General Understanding Only):
Situation: A software developer works entirely remotely for a Pennsylvania company. The company assigns specific projects with deadlines but does not dictate the developer’s daily schedule, does not require specific work hours, does not supervise the work process, and does not require the developer to follow company policies. The developer uses their own equipment and workspace. The contract explicitly states the developer is free to determine how to complete the work.
General Observations: This scenario may share some characteristics with situations that could potentially support independent contractor status under the “control” prong, such as:
- Lack of day-to-day supervision
- Freedom to set own schedule
- Use of own equipment
- Contractual acknowledgment of independence
However, other factors would need to be analyzed, including:
- Whether the company retains any control rights
- The nature of the work relationship in practice
- Whether the developer must be available during specific times
- Other specific circumstances
⚠️ IMPORTANT: This is not a legal determination or classification. This example is provided purely for general educational purposes. Actual classification depends on all facts and circumstances and requires official determination by Pennsylvania UC authorities or analysis by legal counsel.
Illustrative Scenario 2 (For General Understanding Only):
Situation: A customer service representative works from home for a Pennsylvania company. The company requires the representative to work specific shifts, provides all equipment and software, monitors call quality and metrics, requires adherence to scripts and company procedures, provides ongoing training, and can terminate the relationship for performance issues.
General Observations: This scenario may share characteristics commonly associated with employee relationships, such as:
- Employer control over work schedule
- Employer provision of tools
- Employer supervision and monitoring
- Required adherence to employer procedures
- Performance management by employer
These factors may suggest the employer retains significant control over how the work is performed, which could indicate employee status under Pennsylvania UC law.
⚠️ IMPORTANT: This is not a classification or legal determination. Every situation is unique and depends on complete factual analysis. This example is for general educational purposes only. Consult Pennsylvania UC authorities and legal counsel for actual classification decisions.
Condition C: Independently Established Trade, Occupation, Profession, or Business
General Description (based on official guidance): According to Pennsylvania UC law, this condition examines whether the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the services performed.
Factors that may be relevant (examples from case law and official guidance):
- Whether the individual has their own established business
- Whether the individual markets services to others
- Whether the individual has multiple clients/customers
- Whether the individual has a business license or registration
- Whether the individual advertises their services
- Whether the individual bears business expenses and economic risk
- Whether the individual has invested in equipment/facilities
- Duration and permanency of the relationship
Illustrative Scenario 3 (For General Understanding Only):
Situation: A graphic designer maintains their own design business with a business license, professional website, and marketing materials. The designer actively solicits clients, maintains a portfolio, works with multiple clients simultaneously, uses their own professional design software and equipment, sets their own rates, and can accept or decline projects. The designer occasionally provides design services to a Pennsylvania company on a project basis.
General Observations: This scenario may share characteristics that could potentially support “independently established business” status, such as:
- Separate business entity and marketing
- Multiple clients
- Own equipment and business infrastructure
- Control over which projects to accept
- Establishment in the marketplace independent of any single client
However, specific analysis would require examination of:
- The proportion of income from each client
- Duration of relationship with the Pennsylvania company
- Whether services are same nature as designer’s other work
- Other relevant circumstances
⚠️ IMPORTANT: This is not a classification determination. This example is purely illustrative for general educational purposes. Actual classification requires comprehensive factual analysis by Pennsylvania UC authorities and/or legal counsel.
Illustrative Scenario 4 (For General Understanding Only):
Situation: An administrative assistant has provided administrative support services exclusively to one Pennsylvania company for three years, working from home full-time. The assistant has no other clients, does not market services to others, has no business website or marketing materials, and derives 100% of income from this one company. The assistant describes themselves as an independent contractor on tax forms.
General Observations: This scenario may lack characteristics of an independently established business, such as:
- No other clients or customers
- No marketing or business development activities
- Exclusive economic dependence on one company
- Long-term relationship suggesting permanency
- No indication of independent business infrastructure
These factors may suggest the individual is not “customarily engaged in an independently established” business, which could indicate employee status under Pennsylvania UC law.
⚠️ IMPORTANT: This is not a determination or legal advice. How a worker is labeled for tax purposes does not control Pennsylvania UC classification. This example is for general educational purposes only. Actual classification depends on complete factual analysis and official determination.
Pennsylvania Workers’ Compensation Classification
Statutory Authority: Workers’ Compensation Act, 77 P.S. § 22
Official Source: Pennsylvania Department of Labor & Industry
For workers’ compensation purposes, Pennsylvania courts generally apply a different test that focuses on the relative nature of the work and the employer’s right of control. According to case law, factors that may be examined include:
- The existence of a contract for hire
- The payment of wages
- The power to direct, control, or discharge the worker
- Whether the work is part of the employer’s regular business
⚠️ Note: Workers’ compensation classification is highly fact-specific and determined through case-by-case analysis. A worker classified as an independent contractor for unemployment purposes might still be considered an employee for workers’ compensation purposes, or vice versa.
For workers’ compensation classification questions, consult:
- Pennsylvania Bureau of Workers’ Compensation: 1-800-482-2383
- A workers’ compensation attorney
- Insurance carrier or broker
Remote Work Classification Considerations
⚠️ ADDITIONAL COMPLEXITY: Classification of remote workers may involve factors not present in traditional workplace arrangements. The following are general considerations only, not legal determinations.
Factors that may affect remote worker classification:
Control in Virtual Environment:
- How work is assigned and monitored remotely
- Level of supervision through digital means
- Requirements for availability or responsiveness
- Use of employer-provided technology/accounts
- Remote access to employer systems
Business Independence:
- Whether worker maintains home office as business location
- Whether worker provides similar services to other clients remotely
- Whether worker markets remote services independently
- Investment in home office equipment/infrastructure
Economic Realities:
- Whether worker bears business expenses (internet, equipment, software)
- Whether worker has opportunity for profit or loss
- Degree of economic dependence on one client/employer
⚠️ CRITICAL REMINDER: These factors do not change the legal tests but may affect how tests are applied. Remote work arrangements require the same careful classification analysis as traditional arrangements. Do not assume remote workers are automatically independent contractors.
Potential Consequences of Misclassification
According to Pennsylvania statutes and official sources, misclassification may result in various consequences. This list is non-exhaustive and subject to change based on specific facts and enforcement priorities:
For Employers (potential consequences may include):
- Back payment of unemployment compensation taxes and penalties
- Workers’ compensation premium adjustments and penalties
- Wage and hour violations (unpaid minimum wage/overtime)
- Tax penalties and interest (state and federal)
- Criminal penalties in certain circumstances (especially construction industry)
- Liability for employee benefits
- Civil penalties under Construction Workplace Misclassification Act
For Workers (potential effects may include):
- Lack of access to unemployment compensation benefits
- Lack of workers’ compensation coverage
- Lack of minimum wage/overtime protections
- Lack of employee benefits
- Increased tax burden (self-employment taxes)
- Reduced employment protections
⚠️ Note: Actual consequences depend on:
- Specific facts and circumstances
- Which classification laws were violated
- Whether misclassification was intentional
- Enforcement priorities and agency discretion
- Settlement negotiations
- Other factors beyond the scope of this general information
For specific situations, consult:
- Employment attorney licensed in Pennsylvania
- Pennsylvania Department of Labor & Industry
- Tax professional
- IRS
How to Seek Guidance on Classification
Classification questions should be addressed through:
Pennsylvania Department of Labor & Industry:
- Bureau of Labor Law Compliance
- Office of Unemployment Compensation: 1-888-313-7284
- Bureau of Workers’ Compensation: 1-800-482-2383
- Website: https://www.pa.gov/agencies/dli
Legal Counsel:
- Employment attorney licensed in Pennsylvania
- Pennsylvania Bar Association Lawyer Referral Service: 1-800-692-7375
- Website: https://www.pabar.org
Tax Professionals:
- Certified Public Accountant (CPA)
- IRS Enrolled Agent
- Tax attorney
Federal Agencies:
- IRS: https://www.irs.gov
- U.S. Department of Labor: https://www.dol.gov
⚠️ FINAL CRITICAL REMINDER: Worker classification is a legal and tax determination that should be made with professional guidance. The information above is for general educational purposes and does not constitute:
- A classification analysis
- Legal or tax advice
- A determination of worker status
- A guarantee of any particular outcome
Classification depends on complete factual circumstances and requires analysis by qualified professionals and/or official agency determination.
Paid Sick Leave Programs (Local Ordinances)
No Statewide Paid Sick Leave Requirement
According to available information as of December 2025, Pennsylvania does not currently have a state law requiring employers to provide paid sick leave to employees.
What this generally means:
- Employers are generally not required by state law to provide paid sick leave
- Some localities within Pennsylvania have enacted their own requirements
- Federal laws may provide certain unpaid leave protections (FMLA, etc.)
- Employers may choose to provide paid sick leave voluntarily
State Preemption: Pennsylvania law generally preempts local minimum wage ordinances but, as of December 2025, does NOT preempt local paid sick leave ordinances in the same manner. Localities have enacted paid sick leave laws that are currently in effect.
Local Paid Sick Leave Ordinances
As of December 2025, three jurisdictions in Pennsylvania have paid sick leave requirements:
- Philadelphia (City)
- Pittsburgh (City)
- Allegheny County
⚠️ Critical: Each ordinance has different provisions, covered employers, accrual rates, and requirements. The following sections provide general overviews only. Employers operating in these jurisdictions must consult the specific ordinance text and official guidance.
Philadelphia Paid Sick Leave
Ordinance: Promoting Healthy Families and Workplaces Ordinance
Codification: Philadelphia Code § 9-4101 et seq.
Effective Date: Originally May 13, 2015 (amended since)
Official Source: https://www.phila.gov/ (search for paid sick leave)
General Coverage Framework
According to the Philadelphia ordinance, paid sick leave requirements generally apply to:
Covered Employers:
- Employers with 10 or more employees: Must provide paid sick leave
- Employers with fewer than 10 employees: Must provide unpaid sick leave
Employee Eligibility (general framework):
- Employees who work in Philadelphia
- Employees who perform at least 40 hours of work in Philadelphia per year
- Coverage begins after employment commences
⚠️ Note: Specific coverage determinations depend on multiple factors. Consult Philadelphia ordinance and official guidance for specific situations.
Accrual Provisions
According to the Philadelphia ordinance, the general accrual framework includes:
Accrual Rate: 1 hour of sick leave for every 40 hours worked
Annual Cap: 40 hours accrued per year
Maximum Use: 40 hours per year
When Accrual Begins: First day of employment
Exempt Employees: According to the ordinance, exempt salaried employees are presumed to work 40 hours per week unless they typically work fewer hours.
Carryover: Unused sick leave generally carries over to the following year, subject to the 40-hour annual accrual and use caps.
Frontloading Option: Employers may frontload the full 40 hours at the beginning of the year. Employers who frontload are not required to allow carryover.
Permitted Uses
According to the Philadelphia ordinance, sick leave may generally be used for:
Employee’s Own Needs:
- Mental or physical illness, injury, or health condition
- Medical diagnosis, care, or treatment
- Preventive medical care
Family Member Care:
- Care for family member with illness, injury, or health condition
- Accompanying family member to medical diagnosis, care, or treatment
- Preventive medical care for family member
Safe Time Uses:
- Needs arising from domestic violence, sexual assault, or stalking, including:
- Medical attention for physical or psychological injury
- Victim services
- Psychological or counseling services
- Relocation
- Legal services or proceedings
Family Members Defined (generally includes):
- Spouse or domestic partner
- Child (including step-child, foster child, legal ward)
- Parent or legal guardian
- Grandparent or grandchild
- Sibling
- Any individual related by blood whose close association is equivalent of family relationship
Notice and Documentation
According to Philadelphia ordinance provisions, general requirements include:
Employee Notice:
- When need is foreseeable: Reasonable advance notice
- When need is not foreseeable: As soon as practicable
Employer Documentation:
- May request reasonable documentation only if leave exceeds 3 consecutive days
- Cannot require disclosure of details of health condition or domestic violence
- Cannot require more documentation than reasonably necessary
Increments of Use:
- Employers may set minimum increment no smaller than the smallest increment payroll system uses
Employer Obligations
According to the Philadelphia ordinance, employers generally must:
Posting Requirements:
- Provide notice of rights in any employee handbook
- Either post notice visibly at workplace OR distribute individually
- For remote workers: Electronic access required
- Must be in English and any language that is first language of at least 5% of workforce
Records:
- Maintain records of hours worked and sick leave accrued/used
- Retain for period specified in ordinance
Prohibited Actions:
- Cannot retaliate against employees for using sick leave or exercising rights
- Cannot require employee to find replacement worker as condition of using leave
- Cannot count sick leave as absence under no-fault attendance policy
Relationship with Other Leave Policies
According to the Philadelphia ordinance:
Existing PTO Policies: Employers with paid time off (PTO) policies that provide at least as much leave and allow use for same purposes under same conditions are not required to provide additional sick leave.
Collective Bargaining: The ordinance generally applies unless collective bargaining agreement expressly waives requirements and provides comparable benefits.
COVID-19 and Public Health Emergency Provisions
Note: Philadelphia enacted temporary public health emergency leave provisions related to COVID-19 that have since expired. Check current ordinance for any active public health emergency provisions.
Enforcement and Penalties
According to the Philadelphia ordinance, enforcement provisions include:
Complaint Process:
- Employees may file complaints with Philadelphia Commission on Human Relations or designated agency
- Time limits for filing complaints apply
Potential Remedies May Include:
- Back payment of sick leave wages owed
- Reinstatement
- Other relief as appropriate
Resources for Philadelphia Paid Sick Leave
- Philadelphia Commission on Human Relations: https://www.phila.gov/
- Ordinance Text: Philadelphia Code § 9-4101 et seq.
- Official Notices and Materials: Available through City of Philadelphia website
⚠️ Critical Reminder: This is a general overview only. The Philadelphia ordinance contains detailed provisions, requirements, and definitions. Employers operating in Philadelphia should:
- Review complete ordinance text
- Consult official city guidance
- Obtain legal counsel for compliance questions
- Monitor for ordinance amendments
Pittsburgh Paid Sick Leave
Ordinance: Pittsburgh Paid Sick Days Act
Codification: Pittsburgh Code § 626 et seq.
Effective Date: March 15, 2020 (originally passed 2015, legal challenges resolved 2020)
Amendment Status: City amended the Act to provide faster accrual and increased hours, effective January 1, 2026
Official Source: https://www.pittsburghpa.gov/ (search for Paid Sick Days Act)
General Coverage Framework
According to the Pittsburgh ordinance, paid sick leave requirements generally apply to:
Covered Employers:
- Employers with employees who work within City of Pittsburgh
Employee Eligibility (general framework):
- Employees who work at least 35 hours per year in Pittsburgh
- Coverage includes part-time, temporary, and seasonal workers meeting hour threshold
⚠️ Note: The Pittsburgh ordinance has specific definitions for coverage. Specific applicability should be determined through ordinance review and official guidance.
Accrual Provisions
⚠️ IMPORTANT: Pittsburgh amended its sick leave ordinance with changes effective January 1, 2026. Verify current requirements with City of Pittsburgh.
General Framework (verify with current ordinance):
- Accrual rate, annual caps, and use provisions are specified in ordinance
- Check Pittsburgh official resources for current accrual schedule effective 2026
Carryover:
- Provisions regarding carryover specified in ordinance
- May be subject to caps
Frontloading:
- Employers may frontload sick leave as alternative to accrual system
Permitted Uses
According to the Pittsburgh ordinance, sick leave may generally be used for:
Employee’s Own Needs:
- Mental or physical illness, injury, or health condition
- Medical diagnosis, care, or treatment
- Preventive medical care
Family Member Care: Similar provisions to Philadelphia (consult ordinance for specific definitions)
Safe Time Uses: For needs arising from domestic violence, sexual assault, or stalking
Family Members Defined: Consult Pittsburgh ordinance for specific family member definitions
Notice, Documentation, and Employer Obligations
According to the Pittsburgh ordinance:
Notice Requirements:
- Provisions for advance notice when foreseeable
- As soon as practicable when unforeseeable
Documentation:
- May request documentation in circumstances specified in ordinance
- Limitations on documentation that can be required
Posting and Notice:
- Must post notice or provide to employees
- Multilingual requirements apply
Enforcement
Administering Agency: City of Pittsburgh Office of Equal Protection (or designated agency)
Resources:
- Website: https://www.pittsburghpa.gov/City-Government/Legal-Services/Office-of-Equal-Protection/Paid-Sick-Days-Act
- Ordinance and Guidelines: Available on city website
⚠️ Critical Reminder: This is a general overview only. Pittsburgh’s ordinance contains specific provisions that employers must follow. Due to 2026 amendments, verify current requirements with official city sources.
Allegheny County Paid Sick Leave
Ordinance: Allegheny County Paid Sick Leave Ordinance (Article XXIV of County Health Department Rules)
Effective Date: Check official sources for effective date
Official Source: https://www.alleghenycounty.us/ (Health Department – Paid Sick Leave)
General Coverage Framework
According to Allegheny County ordinance:
Covered Employers:
- Employers with 26 or more employees
Employee Eligibility:
- Employees who work in Allegheny County
- Specific hour thresholds and definitions in ordinance
⚠️ Jurisdictional Note: Allegheny County sick leave ordinance applies to work performed in the County, including Pittsburgh. Employers in Pittsburgh may be subject to both Pittsburgh and County ordinances – must comply with whichever provides greater benefits.
Accrual and Use Provisions
According to Allegheny County provisions:
Accrual Framework:
- Specific accrual rates defined in ordinance
- Annual caps on accrual and use
- May not exceed 40-hour bank
Carryover:
- Subject to 40-hour maximum bank
- Employee who didn’t use leave wouldn’t accrue additional if bank at 40 hours
Permitted Uses and Other Requirements
Similar structure to Philadelphia and Pittsburgh ordinances for:
- Permitted uses
- Family member definitions
- Notice and documentation
- Employer obligations
Consult Allegheny County ordinance and official guidance for specific provisions.
Resources for Allegheny County
- Allegheny County Health Department: https://www.alleghenycounty.us/Services/Health-Department/Special-Initiatives/Paid-Sick-Leave-Act
- FAQs: Available on county website
- Complaint Process: Through County Health Department or designated agency
Comparison Summary (For General Reference Only)
| Jurisdiction | Employer Size | Accrual Rate | Annual Cap |
|---|---|---|---|
| Philadelphia | 10+ (paid); 1–9 (unpaid) | 1 hour per 40 worked | 40 hours |
| Pittsburgh | All with Pittsburgh workers | Check 2026 ordinance | Check 2026 ordinance |
| Allegheny County | 26+ employees | Check ordinance | 40 hours |
⚠️ Note: This table is extremely simplified. Actual requirements are more complex. Always consult complete ordinance text.
Multi-Jurisdiction Employers
For Employers Operating in Multiple Pennsylvania Localities:
- Must comply with requirements in each jurisdiction where employees work
- Must determine which employees are covered by which ordinances
- Must track accrual and use separately if different requirements apply
- Should consult legal counsel for multi-jurisdiction compliance
Remote Workers and Local Sick Leave Laws
Application to Remote Workers:
According to general principles from the ordinances:
- Coverage typically based on where work is physically performed
- Remote workers performing work from Philadelphia, Pittsburgh, or Allegheny County locations may be covered
- Specific application depends on ordinance language and facts
Questions to Consider:
- Where is employee’s primary work location?
- How much time does employee spend working in covered jurisdiction?
- Does employee meet hour thresholds in the jurisdiction?
⚠️ Complex Issues: Consult legal counsel for guidance on local sick leave law application to remote workers.
Workers' Compensation Overview
Legal Framework
Statutory Authority: Pennsylvania Workers’ Compensation Act, Act of June 2, 1915, P.L. 736, No. 338
Codification: 77 P.S. § 1 et seq.
Administering Agency: Pennsylvania Department of Labor & Industry – Bureau of Workers’ Compensation
Contact Information:
- Website: https://www.pa.gov/agencies/dli/programs-services/workers-compensation
- Phone (within PA): 1-800-482-2383
- Phone (outside PA): 717-772-4447
- Address: Bureau of Workers’ Compensation, 1171 South Cameron Street, Room 103, Harrisburg, PA 17104-2501
General Overview of Pennsylvania Workers’ Compensation
According to the Pennsylvania Workers’ Compensation Act and official guidance:
System Purpose: The workers’ compensation system generally provides benefits to employees injured or who become ill due to work, while protecting employers from direct lawsuits by employees.
No-Fault System: Workers’ compensation is generally described as a “no-fault” system – benefits may be available regardless of who was at fault for the injury, with certain exceptions.
Historical Background: Pennsylvania enacted its Workers’ Compensation Act in 1915. The statute has been amended numerous times and now includes coverage for occupational diseases.
Coverage Requirements
According to Pennsylvania statutes and regulations:
General Rule: Workers’ compensation coverage is generally described as mandatory for most employers in Pennsylvania. According to official sources, coverage generally must be provided regardless of whether employees are full-time, part-time, or seasonal.
When Coverage Begins: According to Pennsylvania L&I, employees are generally covered from the first day of employment.
Exemptions from Coverage
According to Pennsylvania statutes, certain categories may be exempt from workers’ compensation requirements:
Exempted Categories May Include:
- Workers covered under other workers’ compensation acts (railroad workers under Federal Employers’ Liability Act, longshoremen under Longshore and Harbor Workers’ Compensation Act, federal employees)
- Domestic servants (coverage is optional for employers)
- Agricultural workers who work fewer than 30 days or earn less than $1,200 in a calendar year from one employer
- Employees granted exemption based on religious beliefs
- Executive officers of corporations who have been granted exclusion by Pennsylvania Department of Labor & Industry
- Casual labor (employment casual in character and not in regular course of business)
- Sole proprietors (not required to cover themselves but may elect coverage)
- LLC members where all employees are LLC members
⚠️ Critical: Exemption determinations are fact-specific. Do not assume exemption without verification from Pennsylvania Bureau of Workers’ Compensation and legal counsel.
How to Obtain Coverage
According to Pennsylvania law and regulations, employers may obtain workers’ compensation coverage through:
1. Licensed Insurance Carrier
- Purchase policy from insurance company licensed to write workers’ compensation in Pennsylvania
- Most common method for employers
2. State Workers’ Insurance Fund (SWIF)
- State-operated insurance fund available to Pennsylvania employers
- Established to provide quality workers’ compensation program
- Website: https://www.pa.gov/agencies/dli/programs-services/workers-compensation/state-workers-insurance-fund-swif
3. Self-Insurance
- Employers may apply to Bureau of Workers’ Compensation for approval to self-insure
- Based on financial criteria established in the Act
- Significant financial requirements
What Injuries/Illnesses Are Covered
According to Pennsylvania Workers’ Compensation Act:
General Standard: Injuries or diseases are generally covered when they are “caused or aggravated by employment” according to statutory language.
May Include:
- Specific traumatic injuries (slip and fall, struck by object, etc.)
- Repetitive stress injuries (carpal tunnel, etc.)
- Occupational diseases
- Aggravation of pre-existing conditions when caused by work
Pre-Existing Conditions: According to Pennsylvania law, workers’ compensation may cover aggravation of pre-existing conditions. The pre-existing condition does not have to be work-related for an aggravation to be compensable.
⚠️ Important: Coverage determinations are made on a case-by-case basis by Pennsylvania Bureau of Workers’ Compensation based on medical evidence and factual circumstances.
Benefits Generally Available
According to Pennsylvania Workers’ Compensation Act, benefits that may be available include:
1. Medical Benefits
- All reasonable and necessary medical treatment related to work injury
- No deductibles or co-pays for covered treatment
- Treatment through employer’s designated medical providers initially
2. Wage Loss Benefits
- Temporary Total Disability (TTD)
- Temporary Partial Disability (TPD)
- Permanent Total Disability (PTD)
- Permanent Partial Disability (PPD)
- Calculated based on average weekly wage, subject to statutory maximums
3. Specific Loss Benefits
- For permanent loss or loss of use of specific body parts
- Scheduled benefits in statute
4. Death Benefits
- For fatal work injuries
- Benefits for surviving spouse and dependents
⚠️ Note: Benefit amounts, eligibility, and duration depend on multiple factors including type of disability, average weekly wage, and statutory formulas. Consult Pennsylvania Bureau of Workers’ Compensation or legal counsel for benefit questions.
Waiting Period: According to the Act, wage loss benefits generally become payable on the eighth day after injury. If disability continues 14 days, benefits are paid retroactively from day one.
Source: Pennsylvania Workers’ Compensation Act, 77 P.S. § 531 (relating to compensation schedule)
Remote Worker Coverage – Complex and Fact-Specific
⚠️ EXTREMELY COMPLEX AREA: Coverage of home office injuries involves detailed factual analysis. The following is general background only and is NOT a coverage determination or prediction.
General Legal Standard for Coverage
According to Pennsylvania Workers’ Compensation Act and case law, injuries are generally compensable when they “arise out of and in the course of employment.”
“Arising Out of Employment” Generally examines whether injury has causal connection to employment
“In the Course of Employment” Generally examines whether injury occurred within time and space boundaries of employment
⚠️ Application to Remote Workers: How these standards apply to injuries occurring in home offices depends on complete factual circumstances and is determined by Pennsylvania Bureau of Workers’ Compensation and/or Workers’ Compensation judges.
Factors That May Be Considered
According to case law and legal principles, factors that may be relevant in analyzing home office injuries include:
- Whether employee was engaged in work activity at time of injury
- Whether injury occurred in designated work area/home office
- Whether injury occurred during work hours
- Whether activity was authorized, expected, or required by employer
- Whether activity was for employee’s personal benefit or employer’s benefit
- Nature of employment relationship and work-from-home arrangement
- Whether employer exercised control over home work environment
- Other specific circumstances
⚠️ CRITICAL: This list is not exhaustive, and no single factor is determinative. Every case is unique and analyzed based on its complete factual record.
Illustrative Scenarios for General Understanding Only
The following scenarios are provided for general educational purposes only. They do NOT constitute coverage determinations, predictions of outcomes, or legal advice. Actual coverage depends on official determination by Pennsylvania Bureau of Workers’ Compensation based on complete circumstances.
Scenario Category: Work-Related Activities in Home Office During Work Hours
Example Situation 1: Employee is working from designated home office during scheduled work hours. While walking across the home office to retrieve work documents from filing cabinet, employee trips over computer cables and falls, suffering wrist injury.
General Observations for Educational Purposes: This type of scenario might share some characteristics with situations that have historically been analyzed as potentially compensable, such as:
- Activity was work-related (retrieving work documents)
- Occurred in work area (designated home office)
- During work time (scheduled work hours)
- Activity directly related to job duties
However, complete analysis would examine:
- Whether home office was designated/known work area
- Whether employer knew of or authorized home office setup
- Whether cable placement created unreasonable risk
- Whether activity was within scope of employment
- Medical causation and documentation
- All other relevant circumstances
⚠️Do NOT assume any particular outcome. Every situation is unique.
Example Situation 2: Employee is participating in required work video conference from home office. During the conference, employee reaches for work notebook on desk, experiences sudden sharp pain in shoulder, and is later diagnosed with rotator cuff injury.
General Observations for Educational Purposes: Repetitive stress or sudden onset injuries during work activities have been analyzed under workers’ compensation law. Factors that might be examined could include:
- Whether activity was work-related and required
- Medical causation (was injury caused by work activity?)
- Whether condition was pre-existing or aggravated by work
- Documentation and timing
However, complete analysis would require:
- Medical expert opinions on causation
- Employment history and job duties
- Prior medical history
- Complete circumstances of injury onset
- Other relevant factors
Scenario Category: Personal Comfort Activities at Home
Example Situation 3: Employee finishes work assignment in home office at 3:00 PM (end of scheduled work day). Employee closes laptop and walks to kitchen to prepare dinner. While cutting vegetables, employee suffers laceration requiring medical treatment.
General Observations for Educational Purposes: Personal activities unrelated to work duties, even if occurring shortly after work, may generally lack characteristics of compensable injuries. Factors that might be examined include:
- Whether activity was related to employment
- Whether employee was relieved of all work duties
- Whether activity served employer’s interests
- Time and location of injury
However, analysis would consider:
- Complete circumstances
- Nature of work-from-home arrangement
- Whether any work-related factors contributed
- All relevant facts
Example Situation 4: Employee works from home office. Employer requires employee to be “on call” from 8 AM to 6 PM to respond to client calls. At 4 PM, while waiting for calls, employee walks to home mailbox (outside home office) to retrieve mail. Employee trips on driveway and is injured.
General Observations for Educational Purposes: This scenario involves questions about:
- Whether activity was within course of employment
- Whether on-call status affects analysis
- Whether leaving work area breaks employment nexus
- Purpose of the activity (personal vs. work)
Complete analysis would require:
- Details of on-call requirements
- Employer knowledge and expectations
- Specific facts about injury circumstances
- Legal analysis of scope of employment
FINAL CRITICAL DISCLAIMERS FOR REMOTE WORKER SCENARIOS
⚠️ The scenarios above do NOT constitute:
- Legal advice or coverage determinations
- Predictions of how claims would be decided
- Recommendations for filing or not filing claims
- Exhaustive analysis of relevant factors
- Medical opinions
- Guarantees of coverage or non-coverage
Every workers’ compensation claim is unique and depends on its specific facts, including:
- Complete medical records and expert opinions
- Detailed facts about injury circumstances
- Employment arrangement details
- Credibility determinations
- Legal precedent application
- Other factors
Coverage determinations are made ONLY by:
- Pennsylvania Bureau of Workers’ Compensation claims adjusters/examiners
- Workers’ Compensation judges after hearing
- Workers’ Compensation Appeal Board on review
- Courts on further appeal
For any workers’ compensation question or claim:
- Contact Pennsylvania Bureau of Workers’ Compensation: 1-800-482-2383
- Consult workers’ compensation attorney
- Obtain medical evaluation from appropriate healthcare providers
- Do NOT rely on general information for specific situations
Reporting Requirements
According to Pennsylvania Workers’ Compensation Act and regulations:
Employee Reporting Obligation:
- Should report injury to employer immediately or as soon as practicable
- Failure to provide timely notice may affect claim
Employer Reporting Obligation:
- Generally must report to workers’ compensation insurance carrier and Bureau of Workers’ Compensation within 21 days
- Specific forms and deadlines apply
- Failure to report may result in penalties
Claim Decision Deadline: According to the Act, insurance company generally must accept or deny claim within 21 days of notice.
Forms:
- Various forms for reporting, accepting, denying, modifying claims
- Available through Bureau of Workers’ Compensation website
Claim Process Overview
General Process (simplified overview):
1. Injury Occurs / Employee Reports 2. Employer Provides Medical Treatment Information 3. Employee Seeks Medical Treatment 4. Employer/Insurer Investigates 5. Insurer Issues Decision: • Notice of Compensation Payable (acceptance) • Notice of Denial • Notice of Temporary Compensation Payable
6. If Disputed: • Employee may file petition with Workers’ Compensation Office of Adjudication • Hearing before Workers’ Compensation judge • Appeal to Workers’ Compensation Appeal Board • Further appeal to Commonwealth Court
⚠️ Note: This is a highly simplified overview. Actual process involves many steps, deadlines, forms, and requirements. Consult Pennsylvania Bureau of Workers’ Compensation or workers’ compensation attorney for guidance.
Penalties for Uninsured Employers
According to Pennsylvania law:
Employers without required coverage may face:
- Civil penalties
- Criminal prosecution by Commonwealth
- Liability for full amount of benefits
- Direct lawsuits by employees (loss of workers’ compensation immunity)
- Stop work orders
- Other penalties
⚠️ Critical: Maintaining required workers’ compensation coverage is a serious legal obligation. Consult Pennsylvania Bureau of Workers’ Compensation and insurance professionals to ensure compliance.
Best Practices for Remote Work (Recommendations Only)
The following are general recommendations compiled from various sources, not legal requirements. They may not be suitable for all situations. Consult legal counsel, safety professionals, and insurance carriers.
For Employers:
- Consider providing ergonomic equipment or stipends
- Consider documenting remote work locations and setups
- Consider developing clear injury reporting procedures for remote workers
- Consider safety training specific to remote work
- Consider clear policies on work hours and expectations
- Maintain workers’ compensation insurance as required
- Report injuries promptly
For Employees:
- Report injuries to employer immediately
- Seek medical treatment as needed
- Document injury circumstances
- Follow employer’s injury reporting procedures
- Maintain clear boundaries about work time
- Consider setting up safe, ergonomic workspace
⚠️ Note: These are recommendations only, not requirements. Every workplace is different. Consult appropriate professionals for your specific situation.
Resources and Contacts
Pennsylvania Bureau of Workers’ Compensation:
- Website: https://www.pa.gov/agencies/dli/programs-services/workers-compensation
- Phone (PA): 1-800-482-2383
- Phone (outside PA): 717-772-4447
- Claims Filing Information: Available on website
- Forms: Available on website
Workers’ Compensation Office of Adjudication:
- Handles disputed claims and hearings
- Information available through Bureau of Workers’ Compensation
For Legal Representation:
- Workers’ compensation attorney
- Pennsylvania Bar Association Referral: 1-800-692-7375
For Medical Questions:
- Treating physicians
- Medical specialists as appropriate
Other Leave Entitlements
Family and Medical Leave Act (FMLA) – Federal Law
Statutory Authority: Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.
Administering Agency: U.S. Department of Labor – Wage and Hour Division
Official Source: https://www.dol.gov/agencies/whd/fmla
⚠️ Note: FMLA is a FEDERAL law, not a Pennsylvania state law. However, it applies to covered employers and employees in Pennsylvania.
FMLA Coverage Framework
According to FMLA and federal regulations:
Covered Employers:
- Private employers with 50 or more employees (within 75-mile radius)
- Public agencies (regardless of size)
- Public and private elementary and secondary schools (regardless of size)
Employee Eligibility (general requirements):
- Must work for covered employer
- Must have worked for employer at least 12 months (need not be consecutive)
- Must have worked at least 1,250 hours during 12 months before leave
- Must work at location where employer has 50+ employees within 75 miles
⚠️ Remote Worker Consideration: The worksite for remote workers is typically the office to which they report or from which assignments are made. The 50-employee/75-mile requirement may affect remote worker eligibility. Consult U.S. Department of Labor guidance for specific situations.
FMLA Leave Entitlement
According to FMLA, eligible employees generally may take up to 12 workweeks of unpaid leave in a 12-month period for:
Qualifying Reasons:
- Birth and care of newborn child
- Placement of child for adoption or foster care
- Care for spouse, child, or parent with serious health condition
- Employee’s own serious health condition making them unable to work
- Qualifying exigency arising from family member’s military service
Military Caregiver Leave:
- Up to 26 workweeks in single 12-month period to care for covered servicemember with serious injury/illness
“Serious Health Condition” Definition: According to FMLA regulations, generally means illness, injury, impairment, or physical/mental condition involving:
- Inpatient care in hospital, hospice, or residential medical care facility, OR
- Continuing treatment by a health care provider
Key FMLA Provisions
Unpaid Leave: FMLA is unpaid leave, though employees may be required or permitted to substitute accrued paid leave
Job Protection: Generally, employees must be restored to same or equivalent position upon return
Health Insurance Continuation: Employer generally must maintain group health insurance coverage during FMLA leave
Intermittent Leave: FMLA leave may be taken intermittently or on reduced schedule in certain circumstances
Notice Requirements:
- Foreseeable leave: 30 days advance notice when possible
- Unforeseeable leave: As soon as practicable
Certification: Employers may require medical certification for serious health condition leave
Resources for FMLA
- U.S. Department of Labor FMLA Information: https://www.dol.gov/agencies/whd/fmla
- Fact Sheets and Guides: Available on DOL website
- File FMLA Complaint: Through U.S. Department of Labor Wage and Hour Division
- Employer Assistance: 1-866-4US-WAGE (1-866-487-9243)
⚠️ Reminder: This is general background only. FMLA contains detailed requirements, definitions, and procedures. Consult U.S. Department of Labor resources and legal counsel for specific compliance questions.
Uniformed Services Employment and Reemployment Rights Act (USERRA) – Federal Law
Statutory Authority: 38 U.S.C. § 4301 et seq.
Administering Agencies: U.S. Department of Labor – Veterans’ Employment and Training Service
Official Source: https://www.dol.gov/agencies/vets/programs/userra
According to USERRA, employees generally have rights to:
- Leave from employment for uniformed service
- Reemployment after service
- Protection against discrimination based on military service
Coverage: Generally applies to all employers regardless of size
Qualifying Service: Service in uniformed services including Army, Navy, Marine Corps, Air Force, Coast Guard, Army National Guard, Air National Guard, and certain other service
⚠️ Note: USERRA has specific notice, duration, and reemployment provisions. Consult U.S. Department of Labor VETS resources for guidance.
Jury Duty Leave – Pennsylvania Law
According to Pennsylvania law, provisions regarding jury duty leave generally include:
Protection:
- Employers generally may not terminate employees for jury service
- No specific requirement for paid leave (though some employers provide paid leave voluntarily)
Penalties:
- Penalties may apply for interfering with jury service
⚠️ Note: Specific provisions should be verified with Pennsylvania courts and legal counsel.
Voting Leave – Pennsylvania Law
According to Pennsylvania Election Code provisions:
General Framework: Pennsylvania does not appear to have a specific statute requiring employers to provide paid time off for voting. However, polls are generally open from 7 AM to 8 PM, which may allow voting outside work hours for many employees.
Note: Verify current law with Pennsylvania Department of State and legal counsel, as provisions may change.
Domestic Violence Leave
Federal Protection:
- FMLA may provide leave for certain domestic violence situations (qualifying exigency, serious health condition)
Local Protection:
- Philadelphia and Pittsburgh paid sick leave ordinances include “safe time” provisions for domestic violence, sexual assault, or stalking needs
State Law: Pennsylvania does not appear to have a specific statewide domestic violence leave law as of December 2025. Verify current law with Pennsylvania resources.
Bereavement Leave
According to available information:
State Law: Pennsylvania does not appear to have a law requiring employers to provide bereavement leave.
Practice: Many employers provide bereavement leave as a matter of policy or through collective bargaining agreements.
⚠️ Note: Verify whether any applicable company policies, contracts, or collective bargaining agreements provide bereavement leave rights.
Pregnancy and Parenting Leave
Federal Laws:
- FMLA provides up to 12 weeks for birth and care of newborn
- Pregnancy Discrimination Act prohibits discrimination based on pregnancy
- Americans with Disabilities Act may provide accommodations for pregnancy-related disabilities
Pennsylvania Law:
- Pennsylvania Human Relations Act prohibits sex discrimination (includes pregnancy discrimination)
- No separate state pregnancy leave statute as of December 2025
Crime Victim Leave
Pennsylvania Law: Pennsylvania appears to have provisions protecting certain crime victims’ rights to time off for court proceedings and related matters. Consult Pennsylvania Crime Victim Compensation Program and Pennsylvania statutes for current provisions.
Anti-Discrimination Laws
Pennsylvania Human Relations Act (PHRA)
Statutory Authority: Act of October 27, 1955, P.L. 744, No. 222, as amended
Codification: 43 P.S. § 951 et seq.
Administering Agency: Pennsylvania Human Relations Commission (PHRC)
Contact Information:
- Website: https://www.phrc.pa.gov/
- Harrisburg Office: 717-787-4410
- Philadelphia Office: 215-560-2496
- Pittsburgh Office: 412-565-5395
Protected Characteristics Under PHRA
According to the Pennsylvania Human Relations Act, discrimination is generally prohibited based on:
- Race
- Color
- Religious creed
- Ancestry
- Age (40 and over for employment)
- Sex (includes pregnancy, childbirth, and related medical conditions)
- National origin
- Non-job related disability or handicap
- Use of guide or support animal due to blindness, deafness, or physical handicap
- GED instead of high school diploma
- Familial status (in housing and commercial property contexts)
⚠️ Note: Federal law may provide additional or different protections. Pennsylvania law and federal law may overlap or differ in scope.
Coverage
According to PHRA:
Covered Employers:
- Generally applies to employers with 4 or more employees
- Different thresholds may apply for different types of discrimination
Coverage Includes:
- Hiring and firing
- Compensation and terms of employment
- Promotion and demotion
- Training opportunities
- All other conditions and privileges of employment
Types of Prohibited Conduct
Discrimination: Treating employees or applicants differently based on protected characteristics
Harassment: Unwelcome conduct based on protected characteristic that:
- Creates hostile work environment, OR
- Results in tangible employment action (quid pro quo)
Retaliation: Adverse action against employee for:
- Opposing discriminatory practices
- Filing discrimination charge
- Participating in investigation or proceeding
Application to Remote Workers
According to general legal principles:
- Anti-discrimination laws generally apply to remote workers in the same manner as on-site workers
- Remote work arrangements do not eliminate employer obligations under anti-discrimination laws
- Harassment can occur through virtual communications
- Accommodation obligations may apply to remote work situations
Federal Anti-Discrimination Laws
Pennsylvania employers may also be subject to federal anti-discrimination laws:
Title VII of the Civil Rights Act of 1964
Administering Agency: Equal Employment Opportunity Commission (EEOC)
Website: https://www.eeoc.gov/
Protected Characteristics:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, gender identity per EEOC interpretation and case law)
- National origin
Coverage: Employers with 15 or more employees
Americans with Disabilities Act (ADA)
Administering Agency: Equal Employment Opportunity Commission (EEOC)
Statutory Authority: 42 U.S.C. § 12101 et seq.
Protections:
- Prohibits discrimination against qualified individuals with disabilities
- Requires reasonable accommodations for known disabilities (unless undue hardship)
- Prohibits disability-related inquiries and medical examinations (except as permitted)
Coverage: Employers with 15 or more employees
Remote Work and ADA:
- Remote work may be a reasonable accommodation in some circumstances
- Interactive process required to determine effective accommodations
- Employers must engage in individualized assessment
Age Discrimination in Employment Act (ADEA)
Administering Agency: Equal Employment Opportunity Commission (EEOC)
Statutory Authority: 29 U.S.C. § 621 et seq.
Protection: Employees and applicants age 40 and over
Coverage: Employers with 20 or more employees
Genetic Information Nondiscrimination Act (GINA)
Administering Agency: Equal Employment Opportunity Commission (EEOC)
Statutory Authority: 42 U.S.C. § 2000ff et seq.
Protection: Prohibits discrimination based on genetic information
Coverage: Employers with 15 or more employees
Equal Pay Act
Administering Agency: Equal Employment Opportunity Commission (EEOC)
Statutory Authority: 29 U.S.C. § 206(d)
Protection: Prohibits pay discrimination based on sex for substantially equal work
Coverage: Most employers (follows FLSA coverage)
Filing Discrimination Complaints
Pennsylvania Human Relations Commission:
- File charge with PHRC
- Time limits: Generally 180 days from discriminatory act (verify current deadlines)
- Process: Investigation, mediation, potential hearing
- Website: https://www.phrc.pa.gov/File-A-Complaint/Pages/default.aspx
Equal Employment Opportunity Commission (Federal):
- File charge with EEOC
- Time limits: Generally 180 days (extended to 300 days in states with fair employment practices agency like Pennsylvania)
- Website: https://www.eeoc.gov/filing-charge-discrimination
Dual Filing:
- PHRC and EEOC have work-sharing agreement
- Filing with one may constitute filing with both in many circumstances
Reasonable Accommodations for Disabilities
According to ADA and Pennsylvania law:
Obligation: Covered employers generally must provide reasonable accommodations for known disabilities of qualified employees or applicants, unless accommodation would cause undue hardship.
Process:
- Interactive process between employer and employee
- Individualized assessment
- Identification of effective accommodation
Examples of Accommodations (may include):
- Modified work schedules
- Ergonomic equipment
- Leave as accommodation
- Reassignment to vacant position
- Remote work (in some circumstances)
- Other modifications
⚠️ Remote Work as Accommodation: According to EEOC guidance, remote work may be a reasonable accommodation in some circumstances, but analysis is individualized and fact-specific.
Resources:
- Job Accommodation Network (JAN): https://askjan.org/ – Free consulting service about accommodations
- EEOC: https://www.eeoc.gov/disability-discrimination
Religious Accommodations
According to Title VII and Pennsylvania law:
Obligation: Employers generally must reasonably accommodate employees’ sincerely held religious beliefs, observances, and practices, unless accommodation would cause undue hardship.
May Include:
- Schedule modifications for religious observances
- Dress and grooming practice accommodations
- Voluntary substitutes/shift swaps
- Job reassignment
- Other accommodations
Note: “Undue hardship” standard is different for religious accommodations than disability accommodations.
Pregnancy Accommodations
According to federal and state law:
Pregnancy Discrimination Act (Federal):
- Pregnancy-related conditions must be treated same as other temporary disabilities
- If employer provides accommodations for temporarily disabled employees, must do same for pregnancy-related conditions
ADA (Federal):
- Pregnancy-related impairments may constitute disabilities requiring reasonable accommodation
Pennsylvania Law:
- Sex discrimination includes pregnancy discrimination
- Accommodations may be required under disability provisions
Prevention and Compliance
Best Practices (Recommendations Only):
- Develop and distribute anti-discrimination and anti-harassment policies
- Provide training to employees and managers
- Establish complaint procedures
- Investigate complaints promptly and thoroughly
- Take appropriate corrective action when violations found
- Document all steps
- Consult legal counsel for guidance
⚠️ Note: These are general recommendations. Specific policies and procedures should be developed with legal counsel.
Additional Employment Protections
Wage Payment and Collection Law
Statutory Authority: Wage Payment and Collection Law, 43 P.S. § 260.1 et seq.
According to this law, general provisions include:
- Employers must pay wages on regular paydays
- Requirements for final wage payment upon termination
- Prohibited deductions from wages
- Remedies for wage violations
For wage payment questions:
- Pennsylvania Department of Labor & Industry – Bureau of Labor Law Compliance
- File wage complaint if wages not paid properly
Whistleblower Protections
Pennsylvania Law: Various statutes provide whistleblower protections in specific contexts (public employees, certain reporting obligations, etc.)
Federal Law: Multiple federal statutes protect whistleblowers who report violations of specific laws (OSHA, SOX, etc.)
For Whistleblower Questions:
- Consult legal counsel
- Contact appropriate agency based on nature of alleged violation
Background Checks and Criminal Records
Federal Law:
- Fair Credit Reporting Act (FCRA) governs use of consumer reports
- Title VII prohibits discriminatory use of criminal records
Pennsylvania Law:
- Various provisions govern use of criminal records
- Pennsylvania Criminal History Record Information Act
- Limitations on consideration of certain records
Resources:
- Federal Trade Commission (FCRA): https://www.ftc.gov/
- EEOC Guidance on Criminal Records: https://www.eeoc.gov/
Social Media and Off-Duty Conduct
General Principles:
- No comprehensive Pennsylvania law prohibiting employers from considering lawful off-duty conduct
- Various protections may apply (political activity, union activity, etc.)
- Consult legal counsel for social media and off-duty conduct policies
Drug and Alcohol Testing
Pennsylvania Law:
- No comprehensive state law requiring or prohibiting drug testing
- Certain provisions for transportation workers, etc.
- Workers’ compensation provisions may affect post-injury testing
Federal Law:
- Department of Transportation regulations for safety-sensitive positions
- Drug-Free Workplace Act for federal contractors
- ADA considerations
Unemployment Compensation
Administering Agency: Pennsylvania Office of Unemployment Compensation
Website: https://www.uc.pa.gov/
UC Helpline: 1-888-313-7284
General Framework: Pennsylvania unemployment compensation provides temporary income support to eligible workers who lose employment through no fault of their own.
Eligibility Factors May Include:
- Sufficient qualifying wages in base period
- Able and available to work
- Separated from employment through no fault (not for willful misconduct)
- Meeting ongoing eligibility requirements
Application to Remote Workers:
- Multi-state issues may arise for remote workers
- Consult Pennsylvania UC for guidance on specific situations
Tax Information
Pennsylvania Personal Income Tax
Administering Agency: Pennsylvania Department of Revenue
Website: https://www.revenue.pa.gov/
Phone: 717-787-8201
Tax Rate and Structure
According to Pennsylvania Department of Revenue:
Tax Rate: 3.07% (flat rate on most income types)
Taxable Income Classes: Pennsylvania taxes eight classes of income:
- Compensation (wages, salaries, commissions, bonuses)
- Interest
- Dividends
- Net profits from business, profession, or farm
- Net gains from sale, exchange, or disposition of property
- Net gains from rents, royalties, patents, and copyrights
- Income from estates or trusts
- Gambling and lottery winnings
Note: Unlike many states, Pennsylvania has a flat tax rate rather than progressive tax brackets.
Residency and Taxation
According to Pennsylvania tax law:
Pennsylvania Residents:
- Generally taxed on all income regardless of where earned
Non-Residents:
- Generally taxed only on Pennsylvania-source income
Part-Year Residents:
- Taxed on all income during period of residency
- Taxed on Pennsylvania-source income during non-resident period
Remote Work Tax Considerations
⚠️ COMPLEX AREA: Remote work can create complicated tax situations, especially for multi-state employment. The following is general background only.
General Principles:
Compensation Sourcing: According to Pennsylvania regulations, compensation is generally sourced based on where services are performed.
Example for General Understanding Only:
- Employee lives in Pennsylvania but performs all work remotely from home in Pennsylvania for New York company
- General principle: Compensation would typically be Pennsylvania-source income
- Specific application depends on complete facts and should be verified with tax professionals
Multi-State Remote Work Situations
Potential Issues:
1. Multiple State Income Tax Obligations
- Employee may owe tax to state where work performed AND state of residence (with credit for taxes paid to other state)
2. Employer Withholding Obligations
- Employers may need to withhold income tax for multiple states
- Varies by state law and reciprocity agreements
3. “Convenience of Employer” Rules
- Some states (not Pennsylvania) have special rules for remote workers
- May tax income even if services performed elsewhere “for convenience of employee”
⚠️ Critical: Multi-state tax situations require professional guidance. Consult:
- Tax professional experienced in multi-state taxation
- Affected state revenue departments
- Tax attorney if needed
Pennsylvania Reciprocal Agreements
Pennsylvania has reciprocal personal income tax agreements with the following states:
- Indiana
- Maryland
- New Jersey
- Ohio
- Virginia
- West Virginia
What This Generally Means: Residents of reciprocal states who work in Pennsylvania (or vice versa) generally pay income tax only to their state of residence, not to the work state.
Requirements:
- Must file exemption certificate with employer
- Must file resident return in home state
Source: Pennsylvania Department of Revenue https://www.revenue.pa.gov/TaxTypes/PIT/Pages/Reciprocal-Agreements.aspx
Local Earned Income Tax
⚠️ IMPORTANT: In addition to state income tax, Pennsylvania has local earned income taxes collected by municipalities and school districts.
General Framework:
- Municipalities and school districts levy their own earned income taxes
- Rates vary by location (typically ranging from approximately 1% to 3%+)
- Collected through employer withholding or quarterly estimated payments
For Remote Workers:
- Generally taxed based on where work is performed AND where employee resides
- Some work locations may have different rates than residence locations
- Complex rules for allocation
Tax Collection Districts: Pennsylvania uses various tax collection districts. Employers and employees should:
- Determine applicable local tax rate for work location
- Determine applicable local tax rate for residence
- Withhold/pay to appropriate collector
Resources:
- Pennsylvania Department of Community & Economic Development: https://dced.pa.gov/local-government/local-income-tax-information/
- Local tax collectors for specific municipalities
⚠️ Note: Local tax requirements are extremely location-specific. Consult tax professionals and local tax collectors for guidance.
Employer Payroll Tax Obligations
General Obligations May Include:
Federal:
- Federal income tax withholding
- FICA (Social Security and Medicare)
- Federal unemployment tax (FUTA)
Pennsylvania State:
- Pennsylvania income tax withholding
- Pennsylvania unemployment compensation tax
- Workers’ compensation insurance premiums (not a tax but related obligation)
Local:
- Local earned income tax withholding
- Local services tax (in some municipalities)
- Other local taxes as applicable
⚠️ For Remote Workers: Employers may have withholding and tax obligations in multiple jurisdictions when employing remote workers. This can include:
- State where employee physically works
- State where employer is located (sometimes)
- Multiple local jurisdictions
Consult:
- Payroll service providers
- Tax professionals
- CPAs experienced in multi-state payroll
- Relevant state revenue departments
Other Pennsylvania Taxes
Sales and Use Tax
Rate: 6% state rate (some local jurisdictions add local sales tax)
Administering Agency: Pennsylvania Department of Revenue
Note: Sales tax generally not directly relevant to employment, but relevant to businesses operating in Pennsylvania.
Corporate Taxes
Corporate Net Income Tax: 8.99% (being phased down under current law)
Capital Stock/Foreign Franchise Tax: Eliminated as of 2016
Note: Relevant for business entities operating in Pennsylvania. Consult tax professionals.
Remote Work Considerations
Establishing Remote Work Policies
Considerations for Employers:
1. Eligibility and Approval
- Which positions are eligible for remote work?
- Approval process and criteria
- Trial periods or performance requirements
2. Work Location
- Primary work location designation
- Restrictions on where work can be performed (state, country, security)
- Temporary vs. permanent remote arrangements
3. Work Hours and Availability
- Core hours or flexible scheduling
- Availability expectations
- Time tracking requirements
4. Equipment and Technology
- Employer-provided equipment vs. employee-owned devices
- Technical requirements and support
- Security requirements and protocols
- Internet/connectivity requirements
5. Workspace Requirements
- Ergonomic standards or guidelines
- Safety considerations
- Dedicated workspace expectations
6. Expenses and Reimbursement
- What expenses will be reimbursed (internet, phone, equipment, supplies)?
- Process for requesting reimbursement
- Tax implications of reimbursements
7. Communication and Collaboration
- Communication tools and platforms
- Meeting attendance expectations
- Response time requirements
8. Performance Management
- How remote workers will be evaluated
- Productivity metrics
- Regular check-ins and feedback
9. Supervision and Management
- Reporting structures
- Manager training for remote team management
- Team integration
10. Legal Compliance
- Wage and hour compliance (overtime tracking, break requirements)
- Workers’ compensation coverage
- Data privacy and security
- Multi-state employment considerations
Multi-State Employment Considerations
For Employers with Remote Workers in Multiple States:
Compliance Obligations May Vary By:
- Minimum wage requirements
- Overtime rules
- Meal and rest break requirements
- Leave laws (paid sick leave, family leave, etc.)
- Anti-discrimination laws
- Workers’ compensation requirements
- Unemployment insurance
- Tax withholding and reporting
- Wage payment laws
Recommendations:
- Conduct 50-state compliance review if hiring nationally
- Implement systems to track where employees work
- Consult employment counsel in each relevant state
- Use payroll service with multi-state capability
- Monitor legal changes in all employee work locations
Data Privacy and Security
Considerations:
Data Protection:
- Secure access to company systems
- VPN requirements
- Device encryption
- Physical security of devices and documents
Confidentiality:
- Handling of confidential information in home environment
- Visitor policies
- Document disposal
Compliance:
- Industry-specific requirements (HIPAA, FINRA, etc.)
- Company policies
- Contractual obligations
Incident Response:
- Reporting procedures for security incidents
- Lost or stolen device protocols
Health and Safety
General Considerations:
Ergonomics:
- Guidance on proper workspace setup
- Provision of ergonomic equipment (optional)
- Training on ergonomic best practices
Breaks and Wellness:
- Encouraging regular breaks
- Mental health resources
- Work-life balance support
Workers’ Compensation:
- Understanding coverage for home office injuries
- Clear injury reporting procedures
- Designated work area and hours
Remote Work Agreements
Potential Elements to Include:
- Description of remote work arrangement (full-time, hybrid, temporary)
- Work location(s)
- Work schedule and hours
- Equipment provided by employer
- Employee responsibilities
- Performance expectations
- Communication requirements
- Modification or termination provisions
- Acknowledgment of policies
- Disclaimer that this is not an employment contract
⚠️ Note: Remote work agreements should be developed with legal counsel and HR professionals to ensure they are appropriate for specific circumstances.
Transitioning Between Remote and On-Site Work
Considerations:
- Providing adequate notice of changes
- Business justifications for changes
- Reasonable accommodation obligations if employee has disability
- Impact on employee morale and retention
- Practical logistics of transition
International Remote Work
⚠️ HIGHLY COMPLEX: Allowing employees to work internationally raises significant legal, tax, immigration, and business issues beyond the scope of this guide.
Issues May Include:
- Immigration and work authorization
- International tax obligations
- Social security and benefits
- Employment law compliance in foreign jurisdiction
- Data privacy and security regulations
- Entity requirements in foreign country
- Time zone and business hours
- Many others
Recommendation: International remote work should ONLY be implemented with comprehensive legal, tax, and immigration counsel.
Resources
Pennsylvania State Agencies
Pennsylvania Department of Labor & Industry
- Website: https://www.pa.gov/agencies/dli
- General Inquiry: Through website contact form
- Functions: Employment law enforcement, workers’ compensation, unemployment compensation
Bureau of Labor Law Compliance
- Function: Wage and hour enforcement
- File wage complaint: Through PA L&I website
- Contact: Through main L&I contact system
Bureau of Workers’ Compensation
- Phone (PA): 1-800-482-2383
- Phone (outside PA): 717-772-4447
- Website: https://www.pa.gov/agencies/dli/programs-services/workers-compensation
Office of Unemployment Compensation
- UC Helpline: 1-888-313-7284
- Website: https://www.uc.pa.gov/
Pennsylvania Human Relations Commission
- Harrisburg: 717-787-4410
- Philadelphia: 215-560-2496
- Pittsburgh: 412-565-5395
- Website: https://www.phrc.pa.gov/
Pennsylvania Department of Revenue
- Phone: 717-787-8201
- Website: https://www.revenue.pa.gov/
Federal Agencies
U.S. Department of Labor
- Website: https://www.dol.gov/
- Wage and Hour Division: 1-866-4US-WAGE (1-866-487-9243)
- OSHA: 1-800-321-6742
- Veterans’ Employment and Training Service: https://www.dol.gov/agencies/vets
Equal Employment Opportunity Commission (EEOC)
- Phone: 1-800-669-4000
- Website: https://www.eeoc.gov/
Internal Revenue Service (IRS)
- Phone: 1-800-829-1040
- Website: https://www.irs.gov/
- Employer ID Number: 1-800-829-4933
Social Security Administration
- Phone: 1-800-772-1213
- Website: https://www.ssa.gov/
National Labor Relations Board
- Website: https://www.nlrb.gov/
- Region 6 (Pittsburgh): 412-395-4400
- Region 4 (Philadelphia): 215-597-7601
Legal and Professional Assistance
Pennsylvania Bar Association
- Lawyer Referral Service: 1-800-692-7375
- Website: https://www.pabar.org/
Legal Aid Organizations
- Pennsylvania Legal Aid Network: https://www.palegalaid.net/
- Community Legal Services (Philadelphia): 215-981-3700
- Neighborhood Legal Services (Pittsburgh): 412-255-6700
Certified Public Accountants
- Pennsylvania Institute of Certified Public Accountants: https://www.picpa.org/
Additional Resources
Job Accommodation Network (JAN)
- Phone: 1-800-526-7234
- Website: https://askjan.org/
- Free consulting on workplace accommodations
Pennsylvania Chamber of Business and Industry
- Website: https://www.pachamber.org/
- Employer resources and advocacy
Society for Human Resource Management (SHRM)
- Website: https://www.shrm.org/
- HR resources and guidance
Frequently Asked Questions
General Employment
Q: What is Pennsylvania’s current minimum wage?
A: As of December 2025, Pennsylvania’s minimum wage is $7.25/hour (matching the federal minimum wage). This rate has been unchanged since 2009. Several bills proposing increases to $15/hour or other amounts are pending in the Pennsylvania General Assembly but are not yet law. Verify current rates with Pennsylvania Department of Labor & Industry before making decisions.
Q: Does Pennsylvania require employers to provide paid sick leave?
A: Pennsylvania does not have a statewide paid sick leave law. However, three localities have enacted their own requirements: Philadelphia (for employers with 10+ employees, paid; fewer than 10 employees, unpaid), Pittsburgh (with 2026 amendments pending), and Allegheny County (for employers with 26+ employees). Employers in these jurisdictions should consult the applicable ordinances and official guidance.
Q: Are employers in Pennsylvania required to provide meal or rest breaks?
A: Pennsylvania law does not generally require employers to provide meal or rest breaks for adult employees (18 and older). Exceptions include: (1) minor employees (ages 14-17) must receive 30-minute break after 5 hours, and (2) seasonal farmworkers must receive 30-minute break after 5 hours. If employers voluntarily provide breaks, federal rules apply: breaks under 20 minutes must be paid, meal breaks 30+ minutes can be unpaid if employee is completely relieved of duties.
Q: How do I file a complaint about unpaid wages in Pennsylvania?
A: File a complaint with the Pennsylvania Department of Labor & Industry – Bureau of Labor Law Compliance. Complaints can be filed online through the PA L&I website. Generally, complaints should be filed within 2 years of the alleged violation, though filing as soon as possible is recommended. For guidance, visit https://www.pa.gov/agencies/dli or contact Pennsylvania L&I.
Workers’ Compensation
Q: Does workers’ compensation cover injuries that happen in my home office?
A: Workers’ compensation coverage for home office injuries is highly fact-specific and determined on a case-by-case basis. Coverage generally depends on whether the injury “arises out of and in the course of employment.” Factors may include: whether you were performing work duties, whether injury occurred in designated work area, whether injury occurred during work hours, and many other circumstances. For any work-related injury, report it to your employer immediately and consult Pennsylvania Bureau of Workers’ Compensation (1-800-482-2383) or a workers’ compensation attorney. Do not assume coverage or non-coverage without official determination.
Q: Am I required to have workers’ compensation insurance as an employer in Pennsylvania?
A: Workers’ compensation coverage is generally mandatory for most employers in Pennsylvania, regardless of employer size. Coverage generally must begin on the first day of employment. Certain exemptions may apply (domestic servants, some agricultural workers, etc.), but exemptions are narrow and fact-specific. Failure to maintain required coverage can result in criminal prosecution, civil penalties, and direct lawsuits by employees. Consult Pennsylvania Bureau of Workers’ Compensation and insurance professionals to determine your obligations.
Classification
Q: How do I know if a worker should be classified as an employee or independent contractor in Pennsylvania?
A: Pennsylvania applies different classification tests depending on the legal context (unemployment compensation, workers’ compensation, wage and hour, etc.). For unemployment compensation, Pennsylvania generally uses a modified “ABC Test” requiring that workers be free from control AND have an independently established business. Classification is complex and has significant legal and tax consequences. Misclassification can result in substantial penalties. ALWAYS consult employment counsel, Pennsylvania Department of Labor & Industry, and tax professionals before making classification decisions. Do not rely on general information for specific classification decisions.
Q: Can I classify a remote worker as an independent contractor?
A: The fact that someone works remotely does not automatically make them an independent contractor. Classification depends on the same legal tests that apply to on-site workers. The Pennsylvania classification tests examine factors like control over work, business independence, and other elements – not physical work location. Many remote workers are properly classified as employees. Consult legal counsel and Pennsylvania L&I before classifying any worker as an independent contractor.
Taxation
Q: If I work remotely from Pennsylvania for a company in another state, where do I pay income tax?
A: This is a complex question that depends on multiple factors. Generally, Pennsylvania residents pay Pennsylvania income tax on all income regardless of where earned. You may also owe tax to the state where the employer is located if that state taxes non-resident income (varies by state). However, Pennsylvania has reciprocal agreements with several states (Indiana, Maryland, New Jersey, Ohio, Virginia, West Virginia) that may eliminate double taxation. You would need to file appropriate exemption certificates and tax returns. Additionally, Pennsylvania local earned income taxes apply based on work location and residence. This is a complex tax situation requiring consultation with a CPA or tax professional experienced in multi-state taxation.
Q: What is Pennsylvania’s local earned income tax?
A: In addition to the 3.07% state income tax, Pennsylvania municipalities and school districts levy their own earned income taxes. Rates vary by location (typically 1-3%+). Remote workers may owe local tax to both their work location AND residence location. Employers must withhold local taxes appropriately. This is extremely location-specific. Consult local tax collectors, Pennsylvania Department of Community & Economic Development, and tax professionals for guidance on specific situations.
Leave and Benefits
Q: Am I eligible for FMLA leave if I work remotely?
A: FMLA is a federal law that may apply to Pennsylvania remote workers if eligibility requirements are met. You must: (1) work for a covered employer (50+ employees within 75 miles), (2) have worked for employer at least 12 months, (3) have worked at least 1,250 hours in past 12 months, and (4) work at location where employer has 50+ employees within 75 miles. For remote workers, “worksite” is typically the office to which you report or from which assignments are made. This may affect eligibility. If eligible, FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying reasons. Consult U.S. Department of Labor (https://www.dol.gov/agencies/whd/fmla) for specific guidance.
Q: Does Pennsylvania require paid family leave?
A: Pennsylvania does not have a state-mandated paid family leave program as of December 2025. Federal FMLA provides unpaid leave for eligible employees. Some employers provide paid family leave voluntarily through their benefit programs. Verify with your specific employer.
Discrimination and Harassment
Q: Can I be discriminated against because I work remotely?
A: Pennsylvania Human Relations Act and federal anti-discrimination laws (Title VII, ADA, ADEA, etc.) generally apply to remote workers in the same manner as on-site workers. Discrimination based on protected characteristics (race, sex, age, disability, etc.) is prohibited regardless of work location. If you believe you have experienced discrimination, contact Pennsylvania Human Relations Commission (717-787-4410) or Equal Employment Opportunity Commission (1-800-669-4000) immediately. Strict time limits apply for filing charges.
Q: Can my employer require me to return to the office after I’ve been working remotely?
A: Generally, Pennsylvania is an “at-will” employment state, meaning employment relationships can generally be modified or terminated by either party (subject to contracts, collective bargaining agreements, and anti-discrimination laws). Employers generally have the right to change work arrangements, including requiring return to office. However, if you have a disability, you may be entitled to remote work as a reasonable accommodation under the ADA if it doesn’t cause undue hardship. If you believe a return-to-office requirement is discriminatory or violates your rights, consult employment attorney immediately.
COVID-19 Related
Q: Are there any COVID-19 related leave requirements still in effect in Pennsylvania?
A: Most temporary COVID-19 leave programs (such as the federal Families First Coronavirus Response Act) expired in 2020-2021. As of December 2025, verify with Pennsylvania Department of Labor & Industry and U.S. Department of Labor whether any COVID-19 specific requirements remain in effect. Standard leave laws (FMLA for serious health conditions, paid sick leave in Philadelphia/Pittsburgh/Allegheny County, etc.) may apply to COVID-19 situations. Consult official sources for current requirements.
Multi-State Issues
Q: My employer is in California but I work from my home in Pennsylvania. Which state’s laws apply?
A: This is a complex multi-state employment question. Generally, many employment laws apply based on where work is physically performed (Pennsylvania in your case). This typically includes minimum wage, overtime, workers’ compensation, unemployment, and tax laws. However, some California laws might also apply depending on circumstances. This situation requires consultation with employment counsel experienced in multi-state employment law and possibly attorneys in both states. Do not make assumptions – seek professional guidance.
Q: Can I work remotely from Pennsylvania for a few months while my company is headquartered in New Jersey?
A: Temporary remote work from another state can create compliance obligations including:
- Income tax withholding in Pennsylvania (and possibly local earned income tax)
- Possible workers’ compensation coverage implications
- Unemployment insurance questions
- Potential wage and hour law implications Employers and employees should consult HR, payroll, tax, and legal professionals before implementing temporary out-of-state remote work arrangements to ensure compliance with all applicable laws.