Human Resource Blog

Pennsylvania Maternity Leave Law for Employer

I own a salon in Philadelphia, PA with 5 stylists and one manager. One of my stylists announced that she is pregnant. What do I have to do to be in compliance with the laws, but at the same time prevent income loss from a position that is paid on a commission based salary. I don’t provide a benefits package or short term disability. What is a fair amount of unpaid leave?

Pennsylvania doesn’t have a state family leave law.  

The federal Family and Medical Leave Act or FMLA only applies to employers with 50 or more workers within 75 miles. So, it would probably not apply in your case.

When FMLA does apply, it grants workers a total of 12 weeks of unpaid leave in a 12-month period.

Most people would say that an employer in this situation who granted 8 to 12 weeks of unpaid leave, would be doing the fair thing. Legally, you could terminate the employee rather than giving her leave.

You are certainly free to “fill the chair” with a temporary employee while this stylist is on leave. However, if it is your intention to return the stylist to her original job, that should be clear to the new stylist, as well.

Be aware that you are establishing a precedent regarding your company’s maternity leave policy. If you grant leave now, you will probably have to grant similar leave to anyone who becomes pregnant in the future, so take the time to put a fair policy in writing. In particular, you might want to specify that workers must be employed for 12 months before they are eligible for maternity leave.

If your company has granted paid or unpaid leave to workers with any temporary disability in the past, pregnant employees must receive the same benefits, under the federal Pregnancy Discrimination Act.