FMLA Employment Claim Laws in PA

What Are the FMLA Laws in Pennsylvania?

The FMLA law regulates the employer-employee relationship to the extent that an employee may take unpaid time off to attend to medical or family issues. The federal law applies to all 50 States, including Pennsylvania. Under FMLA laws in PA, workers are entitled to a protected leave of absence with a maximum duration of 12 weeks per year. Eligible workers reserve the right to return to the same job or a similar role with matching benefits after their leave. For the FMLA to be applicable, the employer should be covered under its regulations, and the employee should meet eligibility criteria.

Employers Covered Under FMLA

These are categories of employers bound by FMLA laws. They include:

All public agencies, from federal and state to local government employers, are covered under the FMLA regardless of the number of employees
Private sector employers with at least 50 employees working at least 20 workweeks in either the current or previous calendar year are covered.
Local educational bodies, regardless of the number of employees, are covered, including elementary and secondary schools and public school boards.

Eligible Employees

Employees are eligible for FMLA if they meet the following conditions:

They have worked for the covered employer for a minimum of one year.
They work in a location with 50 or more employed individuals within 75 miles.
They have worked at least 1,250 hours with the employer during the year before their leave begins.

Qualifying Reasons for FMLA in Pennsylvania

FMLA laws grant workers time off from work for specific reasons. If an employee has a qualifying reason to take leave and their employer denies them that right, they can take legal action against the employer. Here are the reasons recognized under Pennsylvania FMLA laws:

Parental Leave After Childbirth

After the birth of a child, both parents are eligible to take FMLA leave within the first year, starting on the date of birth. A mother can take a pregnancy-related leave under FMLA if there are complications that qualify the condition as serious.

Adoption and Foster Care

Employees can use some or all of their FMLA leave to care for a newly fostered or adopted child. The leave for foster care and adoption is only valid within the 12-month period from the date of placement. However, it can begin even before the placement of the child due to situations like the employee needing to travel to complete the adoption, appear in court or for counseling sessions, attend training and more.

Serious Health Conditions

Employees who cannot perform essential job functions for medical reasons are eligible for leave. In addition, FMLA requirements in PA allow employees to use their leave to care for a family member with a serious health condition.

Military Caregiver Leave

The FMLA has special provisions for service members that allow eligible family members to use up to 26 workweeks to care for a service member with a serious illness or injury. The eligible relative should be a spouse, parent, child or next of kin of the service member.

Qualifying Exigencies

These are other recognized reasons specific to military members. An employee can take FMLA to attend to any situation arising from the overseas military deployment of their spouse, child or parent.

Notice Requirements Under Pennsylvania FMLA Laws

FMLA rules in PA and other states provide the same rights and conditions for taking leave. In terms of notice requirements, both employers and employees are covered. Employers must post a general notice regarding the FMLA’s provisions and include it in handbooks and other written policies.

When an employee needs to take FMLA leave, they must provide a 30-day notice if the circumstances are foreseeable. If the 30-day notice is not possible, an employee should notify the employer “as soon as practicable.”

The employer cannot unlawfully discriminate against the employee for taking FMLA leave. Employers sometimes waive the FMLA notice requirements or internal procedures regarding leave requests, which is also allowed.

The notice of intention to take leave could be verbal or written. However, written notices are advisable for evidentiary purposes. Employees are not required to specifically mention the FMLA the first time they request leave for a qualifying reason. The requirement is to provide sufficient information for the employer to know that FMLA may apply. It’s also vital to indicate the time and duration of the leave if it’s foreseeable. In other instances, inform your employer as soon as possible and fill out the necessary paperwork.

Common FMLA Violations

One of the most common FMLA violations is denying a qualified employee leave, although they have legitimate reasons. Some employers also retaliate when they disagree or find issues with employees taking leave. Improper handling of benefits and counting FMLA days as absent days could also amount to FMLA violations. Watch for these FMLA violations:

Denying Employee Leave

Sometimes, employers refuse employees’ requests to take leave under FMLA, even on justifiable grounds. Such actions contradict the FMLA because you can take leave for a severe illness or injury, especially when you cannot perform your duties.

Terminating Employment Contract

Some employers dismiss employees when they exercise their rights under the FMLA. The employer’s intention does not matter in such situations. The FMLA prohibits unlawful dismissals.

Demoting the Employee

An employer cannot demote or deny you a well-deserved promotion solely because you took FMLA leave. If you have been unlawfully demoted, you have a right of restoration to be reinstated to your original or a similar position.

Failing to Handle Benefits Properly

Your benefits or perks related to the employment should continue when you take an FMLA leave. For example, if your employer cancels your employer-sponsored health insurance coverage because you took leave, that could be a violation.

Counting FLMA Leave as Absent Days

FMLA leave days differ from ordinary ones. Mixing the two could affect your performance review and salary and constitute an FMLA violation, depending on the circumstances.

What to Do When Your Employer Violates Your FMLA Rights

You have several alternatives when your employer violates your FMLA rights. Each option could have distinct legal implications, so it’s best to consult an employment attorney.

In all of the instances listed, it is essential to prepare adequately. Filing a lawsuit or complaint does not guarantee success, so you should gather credible evidence and build a solid case. Your claim should be founded in law to achieve the desired results.

Discuss the Violation With Your Employer

You may discuss the breach with the employer to find a resolution. They may be unaware of the breach and may be willing to rectify the wrongdoing.

Lodge a Complaint

You can file a complaint with the Wage and Hour Division of the Department of Labor (DOL) to investigate the allegations. Depending on the findings, the agency might attempt a resolution or bring an action to court to compel compliance.

Institute a Civil Action

You can file a lawsuit against the employer to seek legal remedies. Examples of available remedies include reinstatement and compensation for losses. Litigation can be complex, so you should hire an attorney.

Consider an Alternate Dispute Resolution (ADR)

Sometimes, employers may want to settle the dispute out of court through ADR. The agreement to submit an ADR process could be made before or after the conflict. The court may also recommend that parties attempt a consensual resolution when you file a lawsuit.

Frequently Asked Questions

Below are answers to some commonly asked questions about FMLA leave in Pennsylvania:

How Long Is FMLA Leave in Pennsylvania?

The FMLA prescribes 12 work weeks of leave within 12 months for employees who fall within a qualifying category. However, you may apply for intermittent leave when needed, so you’re not obliged to take all the leave simultaneously.

You’re entitled to 26 workweeks of leave during a single 12-month period if you care for a covered servicemember spouse, child, parent or next of kin who is seriously injured or ill.

Does FMLA Entitle You to Pay?

Your employer is not mandated to pay you while on leave under the FMLA. The FMLA only requires unpaid leave. Your employment arrangement may require you to use all accrued paid leave during your FMLA leave. In that situation, the paid leave may replace the unpaid leave, entitling you to receive payment.

Can Your Employer Demand Proof for Taking FMLA Leave?

Generally, your employer is entitled to evidence confirming that you are taking a leave of absence. However, your employer cannot demand certain delicate or personal information. For instance, the law prohibits your employer from insisting on medical records. He may, however, demand clarification from the medical officer.

Persons in management positions or human resources may act on behalf of your employer. The medical clearance should be credible and must satisfy the employer. Your employer must notify you in writing to provide sufficient information regarding the leave if they are unsatisfied. The request, however, must be reasonable.

What Is the 2024 Update on Paid Family Leave in Pennsylvania?

The Pennsylvania legislature is considering a bill that provides paid family and medical leave for eligible employees. Meanwhile, in February 2024, the state government announced changes to the State Employee Assistance Program (SEAP), providing new benefits to Commonwealth employees. Under the new SEAP, eligible employees can take up to eight weeks of paid parental leave instead of six weeks as previously offered.

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An employment law attorney can guide you in filing a complaint with the DOL or commencing a civil action. Whatever the case, Weisberg Cummings is available to help you determine if you have a claim.

Weisberg Cummings is an employment law firm in Pennsylvania with over 40 years of combined experience assisting employers to safeguard their rights. We handle various personal injury and employment claims, including matters involving discrimination, sexual harassment, employment retaliation, and ADA and FMLA violations.

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