The Family and Medical Leave Act is a federal law that entitles eligible employees to take unpaid leave each year for specific medical or family-related reasons. Although the FMLA is a federal law, it is important to note that states may also have their own laws and regulations that impact employee leave rights.
Explore the requirements that Pennsylvania employers should follow when providing FMLA leave to their employees.
Eligibility for FMLA leave
Before employees can take FMLA leave, they must meet certain criteria. To be eligible for FMLA leave in Pennsylvania, employees must have:
- Worked for their employer for at least 12 months
- Worked at least 1,250 hours during the previous 12 months
- Worked at a location where the employer has 50 or more employees within a 75-mile radius
If employees meet these eligibility requirements, they can to take up to 12 weeks of unpaid leave within a 12-month period for certain medical and family-related purposes.
Employer requirements for FMLA leave
Pennsylvania employers must provide specific benefits and protections to eligible employees who use their FMLA leave. They must provide employees with the specified amount of unpaid leave per year for qualifying reasons, continue to provide health insurance benefits during the leave period and restore eligible employees to the same or an equivalent position upon their return from leave
Additionally, employers cannot retaliate against employees who exercise their rights to take FMLA leave.
Enforcement of FMLA leave requirements
The Pennsylvania Department of Labor and Industry is responsible for enforcing FMLA requirements for employers in the state. If an employer violates an eligible employee’s rights, the employee can file a complaint with the Bureau of Labor Law Compliance.
By understanding the FMLA requirements, employees and employers can work together to deal with times when employees need to take FMLA leave.