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What Employers Need to Know About Pennsylvania FMLA

When it comes to the more elaborate labor laws employers need to be aware of, the Family Medical Leave Act (FMLA) seems to always be at the forefront of most conversations, and with good reason. Staying compliant with federal FMLA law can be tricky, but it can be even more difficult for companies in states with their own FMLA law, such as Pennsylvania. 

The following guide will help Pennsylvania employers with everything they need to know about Pennsylvania FMLA.

FMLA in PA

Even though the Pennsylvania Department of Labor is constantly offering guidance on employee leave, in order to stay FMLA compliant in the state of Pennsylvania employers need to understand the following components of federal and state FMLA law. 

What Employers Are Covered By Pennsylvania FMLA?

Just as with federal FMLA, private employers with 50 or more employees in at least 20 weeks of the current or preceding year, as well as public agencies (state, local, federal), and certain local education agencies are all subject to FMLA law. 

However, in the state of Pennsylvania covered employers are also required to provide:

  • Pregnancy Leave (for employers with four or more employees)
  • Child Care Leave (for employers with four or more employees)
  • Organ Donor Leave

Which Employees Are Eligible for FMLA in PA? 

Employees who have worked for their employer for a minimum of 12 months (need not be consecutive) have worked at least 1,250 hours during those 12 months, and are employed at a worksite with 50 or more employees within 75 miles of the worksite are eligible for leave under federal FMLA.

In Pennsylvania, there are specific requirements for pregnancy, child care, and organ donation:

  • Pregnancy Leave - Eligible employees include all employees who are disabled due to pregnancy and/or childbirth
  • Child Care Leave - All employees in the state of Pennsylvania are eligible for child care leave
  • Organ Donor Leave - Al employees eligible under federal FMLA standards 

How Long Is Pennsylvania FMLA Leave?

According to FMLA, typically employees get up to 12 weeks of leave in a year. However, employees caring for a family member who is a covered servicemember with a serious injury or illness may get up to 26 weeks. Important to note, under federal FMLA, is that leave for birth, adoption, foster care, care for a parent with a serious health condition or care for a covered servicemember with a serious injury or illness must be shared by spouses working for the same employer.

Pennsylvania also has laws for the amount of leave when it comes to pregnancy, child care, and/or organ donation.

Pregnancy Leave Length

Employers may not discriminate on the basis of sex in regard to compensation, hire, tenure, terms, and conditions or privileges of employment under Pennsylvania FMLA. Employment practices and policies regarding job benefits and job security, such as leave, must be applied to disability due to pregnancy and childbirth on the same terms and conditions as they are applied to other temporary disabilities.

Child Care Leave Length

Employers who maintain any policy regarding leave for child care must ensure that all policy standards apply equally to both male and female employees.

Organ Donor Leave Length

The standards for organ donor leave length in Pennsylvania are the same as federal FMLA.

Paid vs. Unpaid Leave

Under federal FMLA, employees can receive unpaid leave for the following events or reasons:

  • Birth of an employee’s newborn child
  • Placement of a child with an employee for adoption or foster care
  • Providing care for an employee's parent, child, or spouse with a serious health condition
  • An employee’s own serious health condition
  • Any qualifying exigency when an employee’s spouse, child, or parent is on active duty or is notified of an impending call or order to active duty in the Armed Forces
  • Caring for a spouse, child, parent, or next of kin who is a covered servicemember with a serious injury or illness

As with other areas of FMLA law, Pennsylvania also has requirements for pregnancy, child care, and organ donor leave.

Pregnancy Leave 

Employers cannot discriminate on the basis of sex with respect to compensation, hire, tenure, terms, conditions, or privileges of employment under Pennsylvania FMLA when it comes to pregnancy leave. Employment practices and policies regarding job benefits and job security, such as leave, must be applied to disability due to pregnancy and childbirth on the same terms and conditions as they are applied to other temporary disabilities.

An employer must also accept the determination of a pregnant employee's physician regarding pregnancy-related disabilities. 

Child Care Leave

Employers who maintain any policy regarding leave for child care must ensure that all policy standards apply equally to both male and female employees.

Organ Donor Leave

Employees are entitled to unpaid organ donor leave for preparation and recovery for any surgery related to organ or tissue donation, or for that of a family member. 

What defines a Serious Health Condition?

According to federal FMLA, a serious health condition is defined as:

  • Illness, injury, impairment, physical, or mental condition involving incapacity or treatment connected with inpatient care in a hospital, hospice, or residential medical-care facility
  • Continuing treatment by a health care provider involving a period of incapacity due to one of the following reasons:
    • A health condition lasting more than three consecutive full calendar days and involving a certain level of treatment
    • A chronic serious health condition or a permanent or long-term condition for which treatment may be ineffective
    • Absences to receive multiple treatments (including recovery periods) for restorative surgery or for a condition that if left untreated likely would result in incapacity of more than three days
    • Any incapacity related to pregnancy or prenatal care

Can Employees Take Intermittent Leave?

Intermittent leave is permitted under federal FMLA for:

  • Serious health conditions 
  • Care of covered servicemember when medically necessary
  • Active duty leave 

Important to note is that intermittent leave is not permitted for the care of a newborn or for the new placement of an adopted or fostered child. However, intermittent leave can be taken for these reasons if the employer and employee have a prior agreement. 

Pennsylvania FMLA also has provisions regarding intermittent leave for pregnancy, and child care leave. 

Intermittent Pregnancy Leave 

Employers cannot discriminate on the basis of sex with respect to compensation, hire, tenure, terms, conditions, or privileges of employment under Pennsylvania FMLA when it comes to pregnancy leave. Employment practices and policies regarding job benefits and job security, such as leave, must be applied to disability due to pregnancy and childbirth on the same terms and conditions as they are applied to other temporary disabilities.

Intermittent Child Care Leave

Employers who maintain any policy regarding leave for child care must ensure that all policy standards apply equally to both male and female employees.

Reinstatement Following Leave

According to federal FMLA, employees must be restored to the same position or one equivalent to it in all benefits and other terms and conditions of employment. Employers may also want to be prepared on what to do if an employee doesn't return to work

Pennsylvania FMLA also has provisions regarding reinstatement following leave for pregnancy and child care. 

Reinstatement Following Pregnancy Leave 

Employers cannot discriminate on the basis of sex with respect to compensation, hire, tenure, terms, conditions, or privileges of employment under Pennsylvania FMLA when it comes to pregnancy leave. Employment practices and policies regarding job benefits and job security, such as leave, must be applied to disability due to pregnancy and childbirth on the same terms and conditions as they are applied to other temporary disabilities.

Reinstatement Following Child Care Leave

Employers who maintain any policy regarding leave for child care must ensure that all policy standards apply equally to both male and female employees.

Leave Request Requirements

According to federal FMLA, leave requests must be made at least 30 days in advance when leave is foreseeable. If not, employees must submit the leave request as soon as practical. 

Employees must also make their best effort to schedule any treatment, procedures, or similar care in a way that least disrupts the employer's operations. 

Employers may also require certification for:

  • Leave requests regarding a serious health condition or to care for a covered servicemember with a serious illness or injury
  • Leave requests regarding qualifying exigency leave because of a family member’s active duty or call to active duty in the Armed Forces
  • Demonstrating the employee's fitness to return to work from medical leave where the employer has a uniformly applied practice or policy requiring such certification

For more information on asking why your employees are requesting leave, see our Q&A.

Pennsylvania FMLA also has provisions regarding leave requests for pregnancy and organ donation. 

Request Requirements for Pregnancy Leave

An employer must accept the determination of a pregnant employee's physician regarding pregnancy-related disabilities. 

Request Requirements for Organ Donor Leave

Employers may require an employee to submit written documentation regarding the preparation and recovery necessary for organ donation surgery. 

Other Important Pennsylvania FMLA Information for Employers

Important to note under federal FMLA, is that the use of FMLA does not change an employee's classification status under the Fair Labor Standards Act (FLSA).

Pennsylvania employers should also be aware of tax credits regarding FMLA leave. For tax years beginning on or after Dec. 31, 2010, eligible Pennsylvania employers that provide employees with paid leaves of absence for organ or bone marrow donation qualify for a special tax credit. Any unused tax credits may also be carried over for up to three years. Instructions on claiming the tax credit are available from the Pennsylvania Department of Revenue

Lastly, the state of Pennsylvania also has more specific, local leave laws for the cities of Philadelphia such as the Philadelphia Paid Leave Law and Pittsburgh, as well as Allegheny County.

Final Thoughts on Pennsylvania FMLA

It is critical that employers understand both federal and Pennsylvania FMLA in order to maintain compliance and a successful business. 

Employers who are struggling with FMLA compliance may want to turn to a Pennsylvania payroll and HR company for help. To see how Paytime is already helping countless businesses with FMLA compliance, contact us today. 

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