Overview of Family and Medical Leave Laws
Pennsylvania does not have a statewide leave law like some states. However, employees are allowed a certain amount of paid family leave, which has just changed in 2024. Employers are required to provide unpaid leave for certain situations like jury duty, National Guard service, and organ donation.
Under federal Family Medical Leave Act (FMLA) regulations, an employee is allowed to take up to 12 weeks of unpaid leave following a birth or to care for an ailing family member. Employees can still retain their health insurance during the 12-week period of leave.
Changes in 2024
As of February 15, 2024, qualifying employees in Pennsylvania can now take up to eight weeks of paid leave for the qualifying birth or adoption of a child. The paid leave also applies to the placement of a foster care child. The employee is required to take the leave within six months of the event (birth, adoption, or placement).
Before this year, qualifying employees were only entitled to six weeks' paid leave. The eight weeks of leave does not count toward the employee's sick leave or vacation time. The unpaid leave can also apply to either parent.
Employees must meet the same entitlement and eligibility requirements as stipulated in the federal FMLA to qualify for the eight weeks of paid leave. It applies to both full-time and part-time employees, so long as the worker is a permanent employee. They must work at a company with 50 or more employees within a 75-mile radius and must have worked a minimum of 1,250 hours for the employer in the past year.
Employer Responsibilities and Compliance
Employees who follow the proper procedures to take family or medical leave cannot be terminated due to missing work. When they return to work, the employer must provide them with the same job they left or a comparable one. Employers must provide notice to employees of the family and medical leave rights they are entitled to. Employers must also submit the employee's paperwork requesting family and medical leave to the state's FMLA/SPF Coordinator, as outlined in the paperwork.
Employee Rights and How to Apply for Leave
To qualify for a parental absence, the employee must provide proof of a birth, adoption, or foster care placement to the employer's HR department within 15 days of the event. The proper paperwork from the state's Office of Administration can be submitted before the expected birth or adoption date. The employer is required to keep a copy of the paperwork and to submit a copy to the Pennsylvania FMLA/SPF Coordinator.
Stay Up-to-Date on PA's Family Medical Leave Laws
Employers must comply with Pennsylvania's changes to family and medical leave. Non-compliance can result in legal liability. Pennsylvania is one of only a few states that offers eight weeks of paid family and medical leave. The state's new eight-week period of paid time off for new parents is one of the most generous plans in the country.
If you need expert HR help managing family and medical leave within your organization, contact Exact Payroll to learn more about our services. You can also subscribe to receive updates on employment law changes or download a checklist on family and medical leave compliance.
