Pennsylvania Laws on FMLA

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    Eligibility

    • Under federal law, employers who have 50 or more employees that work at least 20 weeks out of the year are required to follow the Family Medical Leave Act. Pennsylvania has addition standards for employers. If you employ four or more people, you are required to follow FMLA for pregnancy and child care purposes. You also must offer leave for organ and bone marrow donors.

      Employee eligibility laws are the same as the federal laws. Employees need to have worked for at least 12 months and 1,250 hours in order to be covered under FMLA.

    Length of Leave

    • Under federal law, employers are required to offer up to 12 weeks of leave during a 12-month period. That amount is increased to up to 26 weeks if the leave is to care for a child, spouse or parent who is ill, temporarily disabled or on out-patient status.

      Pennsylvania does not have any additional requirements on the length of leave. However, individual employers may offer additional leave.

    Special Conditions

    • In Pennsylvania, pregnancy must be treated the same as a temporary disability. Additionally, in regard to pregnancy and child care leave, the terms for compensation, hiring, tenure and conditions of employment cannot be based on gender. In other words, the child care leave policies must be the same for male and female employees.

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