Figuring out paid family leave can be difficult. Here are the basics of how paid family leave operates in Pennsylvania.

What are your rights under FMLA?

Under the Family and Medical Leave Act (FMLA), employees are entitled to keep their health insurance while on leave at the same rate as when they are working. Employees may be allowed (or compelled) to use their earned paid leave during FMLA leave, despite the fact that FMLA leave is unpaid.

With a few exceptions, after an employee’s FMLA absence ends, they must be restored to the same or similar employment.

Related: Accrued Sick Leave Laws in Pennsylvania

Who is covered under FMLA?

Pennsylvania employers must comply with the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.

Employees may take an FMLA leave if:

  • They have worked for the company for at least a year,
  • They worked at least 1,250 hours during the previous year, and;
  • They work at a location with at least 50 employees within a 75-mile radius.

How long can I take an FMLA leave?

Employees in Pennsylvania are allowed to take up to 12 weeks of leave in a year to tend to a significant health condition, bond with a new child, or other qualifying exigencies. This leave is renewable every 12 months if the employee meets the eligibility requirements outlined above.

Employees can take up to 26 weeks of leave in a 12-month period to care for a family member who has been injured while serving in the military. This leave is limited to one injury per service member. An employee may not take an extra vacation for this purpose unless the same family member is injured again or another family member is hurt while on active duty.

Related: Pennsylvania Pregnancy Leave FAQs

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If you or a loved one would like to know more about paid family leave in Pennsylvania, get your free consultation with one of our family attorneys today!