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.
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.
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:
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:
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.
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.
Employers who maintain any policy regarding leave for child care must ensure that all policy standards apply equally to both male and female employees.
The standards for organ donor leave length in Pennsylvania are the same as federal FMLA.
Under federal FMLA, employees can receive unpaid leave for the following events or reasons:
As with other areas of FMLA law, Pennsylvania also has requirements for pregnancy, child care, and organ donor 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.
Employers who maintain any policy regarding leave for child care must ensure that all policy standards apply equally to both male and female employees.
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.
According to federal FMLA, a serious health condition is defined as:
Intermittent leave is permitted under federal FMLA for:
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.
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.
Employers who maintain any policy regarding leave for child care must ensure that all policy standards apply equally to both male and female employees.
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.
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.
Employers who maintain any policy regarding leave for child care must ensure that all policy standards apply equally to both male and female employees.
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:
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.
An employer must accept the determination of a pregnant employee's physician regarding pregnancy-related disabilities.
Employers may require an employee to submit written documentation regarding the preparation and recovery necessary for organ donation surgery.
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.
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.
Source: https://www.zywave.com/