The Family and Medical Leave Act (FMLA) in Pennsylvania: What Employees Should Know

February 24, 2025

The Family and Medical Leave Act (FMLA) in Pennsylvania: What Employees Should Know

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for certain family and medical reasons. In Pennsylvania, employees who qualify for FMLA can take up to 12 weeks of unpaid leave within a 12-month period without the risk of losing their job. At The Lovitz Law Firm, we assist employees in Philadelphia who need legal guidance regarding their FMLA rights.


Who Is Eligible for FMLA in Pennsylvania?


To qualify for FMLA leave, an employee must:

  • Work for a covered employer (a private-sector company with at least 50 employees, a public agency, or a school).
  • Have worked for the employer for at least 12 months.
  • Have completed at least 1,250 hours of work in the past year.


What Situations Qualify for FMLA Leave?


Employees can use FMLA leave for:

  • The birth and care of a newborn child.
  • The adoption or foster care placement of a child.
  • Caring for an immediate family member (spouse, child, or parent) with a serious health condition.
  • A serious health condition that prevents the employee from performing essential job functions.
  • Certain situations arising from a family member’s military service.


Employee Rights Under FMLA


FMLA provides employees with job protection, meaning they must be reinstated to their previous position or a comparable role upon returning to work. Employers cannot retaliate against employees for taking FMLA leave. Additionally, while FMLA leave is unpaid, employees may use accrued paid leave (such as vacation or sick days) during their time off.


Common FMLA Issues in Pennsylvania


Some employees face challenges when requesting FMLA leave, including:

  • Employer Denial: Some employers may wrongly deny leave to eligible employees.
  • Retaliation: Workers may face demotions, job loss, or other negative consequences after taking FMLA leave.
  • Misunderstanding of Eligibility: Some employees may not realize they qualify for FMLA.


How The Lovitz Law Firm Can Help


At The Lovitz Law Firm, we assist Philadelphia employees in understanding their rights under FMLA. If your employer has denied your leave, retaliated against you, or otherwise violated FMLA protections, legal action may be necessary. Our team is dedicated to ensuring employees receive the job protections they are entitled to under the law.

If you have questions or concerns about FMLA, reach out to The Lovitz Law Firm for legal guidance.

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