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.

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.

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.

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.

If you need help with understanding how the Family and Medical Leave Act works in Pennsylvania, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.