Key Takeaways

  • FMLA PA refers to how the federal Family and Medical Leave Act applies in Pennsylvania; the state has no separate family leave law.
  • Eligible employees can take up to 12 weeks of unpaid, job-protected leave, or 26 weeks for military caregiving.
  • Pennsylvania employers must follow federal FMLA rules if they have 50+ employees within 75 miles.
  • Employees retain health insurance benefits during FMLA leave and must be reinstated to the same or equivalent position.
  • Maternity and parental leave in Pennsylvania is covered only under FMLA, unless additional benefits are provided by an employer.
  • Notice and documentation requirements apply to both employers and employees to ensure compliance.

What Is FMLA PA?

FMLA PA refers to the Family Medical Leave Act's role in Pennsylvania. FMLA is a federal law that ensures that covered employers give as many as 12 weeks of unpaid, job-protected time off to employees who qualify for particular family and medical reasons. FMLA is the primary statute imposing such obligations in Pennsylvania, since this state does not have a law that mandates family and medical leave.

Eligibility Requirements in Pennsylvania

To qualify for FMLA leave in Pennsylvania, an employee must meet three key criteria:

  1. Employment history — at least 12 months of work with the employer (not necessarily consecutive).
  2. Hours worked — at least 1,250 hours in the 12 months prior to the leave request.
  3. Employer size — the employee must work at a location where the employer has at least 50 employees within 75 miles.

FMLA PA applies equally to public and private employers that meet these thresholds. Smaller employers in Pennsylvania are not required by law to offer FMLA leave, though some choose to provide comparable benefits voluntarily.

Provisions of FMLA

Employees are considered qualified for these leaves of absence if they have been employed by a covered employer for at least one year, and for a minimum of 1,250 hours during the 12 months before that. The law also provides employees up to 26 weeks of leave for those in military service or their families.

All public employers and private employers with more than 50 employees within 75 miles are required to offer FMLA to qualified employees.

Employee Rights and Employer Obligations

During FMLA leave in Pennsylvania, employees have several rights:

  • Job protection — employees are entitled to return to the same or an equivalent role after their leave.
  • Health benefits — group health insurance must continue under the same terms as if the employee were actively working.
  • Use of accrued paid leave — employers may allow or require employees to substitute vacation, sick, or personal time for unpaid FMLA leave.

Employers, on the other hand, have obligations such as:

  • Posting FMLA notices in the workplace.
  • Providing clear policies and forms for employees requesting leave.
  • Accepting valid medical certifications and, if necessary, requesting second or third opinions.

Failure to comply can result in liability for lost wages, benefits, or reinstatement.

The Types of Leaves

Medical Leave

A medical leave is determined by a birth or serious health condition occurring for an employee. It is considered a serious health condition when inpatient care or ongoing care by a health care provider is necessary. The following provisions must be satisfied when applying for leave due to a serious health condition:

  • A description of the employee's job position must be provided to the employee's physician.
  • Medical verification must come from the employee's physician.
  • A second opinion from a designated physician may be required by the employer.
  • A third opinion from a medical health professional may be requested if the original two opinions don't agree. The third physician will be selected and agreed upon by the employee and the employer.
  • The employee may also be asked to provide additional medical documentation during the leave and a fitness for duty report before returning to work.

Personal Leave

The following circumstances qualify an employee for personal leave:

  • Care of Family Member with Serious Health Condition — This leave requires verification of the family member's medical condition and certification that the employee's presence is necessary and for the benefit of the family member's well-being.
  • Adopting a Child
  • Caring for a Newborn Infant Born to a Spouse
  • Foster Care Placement of a Child

Military Family Leave

This provides service members and their families two forms of leave:

  • Military Caregiver Leave — If the employee is related directly to a service member who is ill or has been injured, they can be granted up to 26 weeks of unpaid leave to care for their military family member.
  • Qualifying Exigency Leave — Enables a relative of a military service member who has been sent overseas, or is given notice of being sent overseas, to take time off to cope with these circumstances.

Notice and Certification Requirements

Employees in Pennsylvania must generally give at least 30 days’ notice before taking foreseeable FMLA leave, such as for childbirth or a scheduled surgery. If the leave is unforeseeable, employees should notify their employer as soon as practicable.

Employers may request:

  • Medical certification from a health care provider to verify the need for leave.
  • Recertification during longer absences.
  • A fitness-for-duty report before the employee returns, confirming they are able to perform essential job functions.

What Are the Laws Surrounding Maternity Leave?

Maternity Leave is covered under the laws of 18 states, including Washington D.C. and Puerto Rico, many of which are stricter than the Family Medical Leave Act.

Pennsylvania-Specific Considerations

Unlike some states, Pennsylvania does not have its own family and medical leave law beyond FMLA. This means:

  • The federal FMLA sets the minimum standards for maternity, parental, and family leave in the state.
  • Employers may choose to provide additional paid leave, disability insurance, or parental benefits, but these are not mandated by state law.
  • Employees should carefully review their employer’s policies, as some Pennsylvania companies extend benefits beyond the federal minimums.

Frequently Asked Questions

  1. Does Pennsylvania have its own FMLA law?
    No. Pennsylvania does not have a separate family leave law. Employees are protected only under the federal FMLA unless their employer provides additional benefits
  2. Who qualifies for FMLA leave in Pennsylvania?
    Employees who have worked for at least 12 months, logged 1,250 hours in the past year, and work for a covered employer with 50 or more employees within 75 miles.
  3. How much leave can I take under FMLA PA?
    Eligible employees may take up to 12 weeks of unpaid leave in a 12-month period, or up to 26 weeks to care for an injured military family member.
  4. Are employees paid during FMLA leave in Pennsylvania?
    No, FMLA leave is unpaid. However, employees may use accrued vacation, sick, or personal time, and some employers voluntarily offer paid leave.
  5. Do health benefits continue during FMLA leave?
    Yes. Employers must maintain group health coverage during FMLA leave under the same terms as if the employee were still working.

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