Human Resource Blog

FMLA in Pennsylvania

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Are all of our employees I Pennsylvania covered by the FMLA?

No. The Family and Medical Leave Act is a federal Act that does apply to many employees in states across the country, including many employees that are in the state of Pennsylvania. However, the Act does not apply to all employees.

When an employee is eligible for coverage under the Act, the employee may be able to take up to 12 weeks off of work each year in order to tend to a qualifying medical condition that relates to the employee or to a covered family member of the employee. When the employee takes this time off, employers are prohibited from discrimination against employees for taking the time off.

However, not all employees are covered by the Act. In fact, in order for an employee to be covered by the Act, the employee has to have worked for a qualifying employer for at least 1,250 hours out of the previous year. The employer is covered as long as he or she has at least 50 employees that work within a 75-mile radius of the employee that wishes to take FMLA time off.

If an employee takes the FMLA time off, the employee should be able to return to work at the end of the period of time off to have the same job or an equivalent job as well as the same salary and benefits as the employee had prior to taking the FMLA time off. If the same job is not available anymore, the employee should have a similar job.

Employees may be able to take FMLA time off for the following reasons:

·         To care for their own health issues

·         To care for the health issues of a spouse

·         To care for the health issues of a parent, as long as the employee is over the age of 18 and as long as the parent is a biological parent and not an in-law

·         To care for a child, as long as the child is under the age of 18

·         To care for a newborn, a newly adopted child, or a child recently taken in through foster care. CB