FMLA PA is the primary regulation for protecting the rights of Pennsylvanian workers. The Family and Medical Leave Act (FMLA) provides eligible employees throughout the nation unpaid leave for specific reasons with reinstatement at the end of the time. While some states offer further laws on providing time off to employees, Pennsylvania does not.
If you are a Pennsylvania employee and you think your employer has violated FMLA, don’t hesitate to give us a call if you have questions about this law.
What Are The PA FMLA Requirements For Employers And Employees?
FMLA requires that Pennsylvania employers comply with the law if they have 50 or more employees for 20 weeks or more in the current or previous year. Once the employer is forced to follow FMLA, there are certain requirements for employees. Am I Eligible For FMLA?
- a year or more at this company
- 1,250 hours worked during the previous year
- 50 or more employees at their employer
Five Reasons For FMLA Pennsylvania Leave
Naturally, FMLA seeks to provide for workers who have difficult family situations or health issues. Each case is unique. But FMLA lays out specific rules or guidelines for circumstances in these areas. In Pennsylvania, leave is available for an eligible employee who faces any of the following circumstances.
- caring for a family member who suffered injury during active duty
- dealing with qualifying exigencies from a family member’s military service
- caring for a family member who is seriously ill
- recuperating from a personal health problem
- bonding with a new child
What Is A Serious Health Condition According To FMLA?
The Family and Medical Leave Act defines a serious health condition as a specific illness, condition, impairment, or injury that requires hospital care or continuing treatment from a healthcare provider. This definition is rather vague in its broadness, and many courts turn to the legislative history to decide what health circumstances constitute a serious health condition under FMLA.
The Family and Medical Leave Act more lays out specific parameters for what a serious health condition entails. The below items are used for measuring a serious health condition according to the Department of Labor.
- pregnancy incapacity or prenatal care
- inpatient care at a hospital, hospice, or medical care facility
- incapacity resulting in at least three calendar days absent from work, school, or daily activities with medical care
- treatment or incapacity due to a serious health condition (e.g. asthma, cancer, diabetes…)
- incapacity based on a long-term health condition such as dementia or terminal diseases
- absences for treatments prescribed by a medical provider
Serious health conditions include…
- heart attacks
- severe nervous disorders
- severe respiratory conditions
- spinal injuries
- ongoing pregnancy
- prenatal care
- childbirth recovery
How Much Leave Is Available?
FMLA Pennsylvania provides up to 12 weeks of leave for employees. Of course, this 12-week leave renews every 12 months while the employee satisfies the FMLA eligibility requirements. In the event of a family member suffering an injury during active duty, an employee may be entitled to receive up to 26 weeks of unpaid leave. But keep in mind that this type of leave is per-injury and per-service member specific.
Do I Get My Job Back?
According to FMLA, at the end of the unpaid leave, the employee must be reinstated to the same or equivalent position. However, there are always exceptions. Meanwhile, a PA employee under FMLA coverage is still entitled to receiving their health insurance while on leave.
If you are curious about your rights in Pennsylvania with FMLA, feel free to give us a call.
How To Request Pennsylvania FMLA Leave?
As soon as you are aware of your need to take FMLA leave, be sure to notify your supervisor, manager, or HR department. How Do I Request FMLA Leave?
If your company has an employee handbook or an FMLA policy sheet, look it over to see what you need to do. You and your employer may need to fill out paperwork. When your need for FMLA leave is foreseeable, notify your employer up to 30 days in advance of taking the leave. Otherwise, just be sure to let your employer know as soon as you can.
PA FMLA is the highest law that protects employees in the event of medical or family situations.
If you are FMLA eligible and your employer is denying you unpaid leave, contact a lawyer who will know how to navigate your case and your rights under the law.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at firstname.lastname@example.org.