Guide to Employee Leave Laws in Pennsylvania

As an employer in Pennsylvania, it's crucial to have a solid understanding of the state's employee leave laws. Failing to comply with these regulations can lead to costly legal disputes and damage to your business's reputation.

In this guide, we'll provide a comprehensive overview of the various types of leave covered by Pennsylvania's labor laws, including sick leave, family and medical leave, and other absence benefits.

By familiarizing yourself with these regulations, you can ensure that your company remains compliant and fosters a supportive work environment for your employees.

Overview of Employee Leave Laws in PA

Understanding employee leave laws in Pennsylvania is essential for maintaining a compliant and supportive workplace. These regulations protect workers' rights to take time off for various reasons, such as illness, family emergencies, or military service, without fear of losing their jobs or facing discrimination.

Pennsylvania's leave laws cover a range of situations, including:

• Sick leave: While there is no statewide mandate for paid sick leave in Pennsylvania, some cities like Philadelphia have implemented their own ordinances requiring employers to provide a certain amount of paid sick time to their employees.

• Family and medical leave: Under the federal Family and Medical Leave Act (FMLA), eligible employees in Pennsylvania are entitled to up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons, such as the birth or adoption of a child, a serious health condition, or caring for a family member with a serious health condition.

• Other absence benefits: Pennsylvania law also provides protections for employees who need to take time off for jury duty, voting, or military service. Employers must allow employees to fulfill these obligations without fear of retaliation or discrimination.

Family and Medical Leave Act (FMLA) in PA

The FMLA is a federal law that provides eligible employees in Pennsylvania with up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, logged at least 1,250 hours of service during the 12 months prior to the start of their leave, and work at a location where the employer has 50 or more employees within 75 miles.

Qualifying reasons for FMLA leave in Pennsylvania include:

• The birth, adoption, or foster care placement of a child

• Caring for a spouse, child, or parent with a serious health condition

• The employee's own serious health condition that renders them unable to perform their job duties

• Qualifying exigencies related to a family member's military deployment

Employers in Pennsylvania must maintain the employee's health benefits during FMLA leave and restore them to their original or an equivalent position upon their return to work. Proper documentation, such as medical certifications and timely notices, is essential for ensuring compliance with FMLA regulations.

To streamline the process and maintain accurate records, employers should incorporate FMLA documentation into their new hire paperwork and compliance procedures. This helps ensure that employees are aware of their rights and responsibilities under the law and that the company is prepared to handle leave requests in accordance with FMLA guidelines.

Paid Sick Leave in PA: Philadelphia's Regulations

While Pennsylvania does not have a statewide paid sick leave law, the City of Philadelphia does, which is crucial for businesses in Philadelphia to know. This law requires certain employers to provide their employees with paid sick leave, ensuring that workers can take time off when they or their family members are ill without fear of losing income or their jobs.

Under Philadelphia's paid sick leave law, employees who work at least 40 hours per year within the city limits are entitled to accrue paid sick leave. The accrual rate depends on the size of the employer:

• Employers with 10 or more employees must provide 1 hour of paid sick leave for every 40 hours worked, up to a maximum of 40 hours per year.

• Employers with fewer than 10 employees must provide 1 hour of unpaid sick leave for every 40 hours worked, up to a maximum of 40 hours per year.

Employees can begin using their accrued paid sick leave after 90 days of employment. They may use this leave for various reasons, including:

• Their own mental or physical illness, injury, or health condition

• Caring for a family member with a mental or physical illness, injury, or health condition

• Preventive medical care for themselves or a family member

• Closure of the employee's place of business or a child's school/place of care due to a public health emergency

Employers must provide notice to their employees regarding their rights under the paid sick leave law and maintain records of hours worked and sick leave taken.

Unpaid Leave Entitlements in PA

In addition to the FMLA, Pennsylvania employees may be eligible for other types of unpaid leave entitlements. These leave entitlements protect workers who need to take time off for specific reasons, such as fulfilling civic duties or military obligations.

Some key unpaid leave entitlements in Pennsylvania include:

• Jury duty leave: Employers must allow employees to take unpaid leave for jury duty. They cannot threaten, coerce, or penalize employees for responding to a jury summons or serving on a jury.

• Military leave: Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers must provide unpaid leave for employees who are called to active duty or training in the U.S. armed forces. Employees are entitled to reinstatement upon completion of their military service.

• Voting leave: While Pennsylvania does not have a specific law requiring employers to provide voting leave, many companies choose to offer unpaid time off for employees to cast their ballots.

Eligibility requirements and durations for these unpaid leave entitlements may vary depending on factors such as the size of the employer and the employee's length of service. To ensure compliance and maintain a positive work environment, employers should familiarize themselves with the applicable laws and incorporate relevant information into their HR guide to hiring and onboarding processes.

By understanding and adhering to Pennsylvania's employee leave laws, including both paid and unpaid entitlements, employers can foster a supportive workplace culture while minimizing the risk of legal disputes.

Pennsylvania Labor Laws on Vacation and Holiday Leave

When it comes to employee leave laws in Pennsylvania, it's important to understand the state's regulations regarding vacation and holiday pay. Pennsylvania law does not require employers to provide paid time off for vacations or holidays. However, many employers choose to offer these benefits as part of their compensation packages to attract and retain talented employees.

If an employer decides to provide paid vacation or holiday leave, they must adhere to the terms of their established policy or employment contract. This means that if an employer has promised paid time off in their employee handbook or through a verbal agreement, they must follow through on that commitment.

To ensure compliance with their own vacation and holiday leave policies, employers can benefit from using time off software. These tools help streamline the process of tracking employee leave balances, managing requests for time off, and maintaining accurate records of paid and unpaid leave.

While not legally mandated, offering paid vacation and holiday leave can contribute to a positive work environment and help prevent burnout among employees. By carefully crafting and adhering to their leave policies, employers in Pennsylvania can support their workers' well-being while also ensuring fair and consistent treatment across their organization.

Absence Benefits for Unionized Workers in PA

In addition to the employee leave laws in PA, unionized workers may be entitled to additional absence benefits through their collective bargaining agreements. These contracts, negotiated between labor unions and employers, can provide more generous leave provisions than those required by state or federal law.

Collective bargaining agreements may include:

• Paid sick leave: While Pennsylvania does not mandate paid sick leave statewide, union contracts can secure this benefit for workers, often with more favorable accrual rates and usage terms than non-unionized employees.

• Vacation and holiday pay: Unionized workers may receive more paid vacation days and holidays than those guaranteed by company policies for non-union staff.

• Extended family and medical leave: Some union agreements provide longer periods of job-protected leave for qualifying reasons, such as caring for a seriously ill family member or bonding with a new child, beyond the 12 weeks required by the FMLA.

• Paid family leave: Although not required by Pennsylvania law, certain collective bargaining agreements may include provisions for paid family leave, allowing workers to care for loved ones without losing income.

• Bereavement leave: Union contracts often include paid time off for employees to grieve and attend funeral services following the death of a close family member.

By securing these additional absence benefits, collective bargaining agreements can significantly enhance the employee experience for unionized workers in Pennsylvania. However, employers must carefully review and adhere to the terms of these contracts to ensure compliance and maintain positive labor relations.

Voting Leave in PA

While Pennsylvania does not have a specific law mandating employers to provide voting leave, many companies still choose to offer this benefit to their employees. Allowing workers to take time off to cast their ballots demonstrates a commitment to civic engagement and helps ensure that all voices are heard in the democratic process.

Employers who decide to provide voting leave should establish clear policies outlining the terms and conditions of this benefit. Some key considerations include:

• Eligibility: Determine which employees are eligible for voting leave based on factors such as their work schedule, length of service, or full-time/part-time status.

• Amount of leave: Specify the number of hours or days employees may take off for voting purposes. This can vary depending on the employer's discretion and the time required for employees to reach their polling places.

• Advance notice: Require employees to provide reasonable advance notice of their intention to take voting leave, allowing managers to plan for any necessary coverage or adjustments to work schedules.

• Pay status: Clarify whether voting leave will be paid or unpaid. While not legally obligated, some employers may choose to offer paid time off as an added benefit to their workers.

By proactively addressing voting leave in their employee handbooks and leave policies, Pennsylvania employers can demonstrate their support for their workers' civic duties while also ensuring smooth operations during election periods.

Filing a Complaint for Leave Violations in PA

If employees in Pennsylvania believe that their leave rights under the FMLA, Philadelphia's paid sick leave law, or other applicable regulations have been violated, they can take steps to file a complaint with the appropriate state agencies. This process helps ensure that employers remain compliant with employee leave laws in PA and that workers' rights are protected.

To file a complaint related to FMLA violations, employees can contact the U.S. Department of Labor's Wage and Hour Division (WHD). The WHD is responsible for enforcing federal labor laws, including the FMLA, and investigating complaints of violations. Employees can file a complaint online, by phone, or by mail, providing details about their employer, the alleged violation, and any supporting documentation.

For violations of Philadelphia's paid sick leave law, employees can file a complaint with the city's Office of Benefits and Wage Compliance. This office is tasked with enforcing the city's labor laws and investigating complaints related to paid sick leave, minimum wage, and other worker protections. Employees can submit a complaint form online or by mail, detailing their employer's alleged violation and providing relevant information to support their claim.

In addition to these specific agencies, employees can also contact the Pennsylvania Department of Labor and Industry for general guidance on filing complaints related to labor law violations, including those pertaining to employee leave. The department can provide information on the appropriate steps to take and direct employees to the relevant enforcement agencies based on the nature of their complaint.

By understanding their rights and the complaint filing process, employees in Pennsylvania can help hold employers accountable for complying with employee leave laws and ensuring a fair and supportive workplace for all workers. Employers should also familiarize themselves with these complaint procedures and take proactive steps to maintain compliance, such as staying updated on changes to leave laws and incorporating best practices into their HR policies and processes.

Best Practices for Managing Employee Leave in PA

To ensure compliance with employee leave laws in PA, employers should stay up-to-date on the latest regulations and implement clear policies that align with these requirements. This includes understanding the nuances of the FMLA, Philadelphia's paid sick leave law, and other applicable state and federal regulations.

Effective communication is key to managing employee leave. Employers should:

• Provide comprehensive information: Clearly outline leave policies in employee handbooks and onboarding materials, ensuring that workers understand their rights and responsibilities.

• Utilize an all-in-one HR platform: Streamline the management of leave requests, approvals, and documentation through a centralized system, reducing the risk of errors and inconsistencies.

• Train managers: Equip supervisors with the knowledge and tools to handle leave requests fairly and confidently, promoting a supportive workplace culture.

Maintaining accurate records is crucial for demonstrating compliance with employee leave laws in PA. Employers should:

• Track leave usage: Implement robust systems for monitoring employee leave balances, accruals, and usage across various categories, such as FMLA, sick leave, and vacation time.

• Document thoroughly: Keep detailed records of leave requests, approvals, and supporting documentation, such as medical certifications, to ensure transparency and accountability.

• Leverage technology: Consider utilizing employee time tracking software to automate the process of capturing and storing leave data, minimizing the risk of manual errors and streamlining reporting.

Navigating employee leave laws in Pennsylvania can be complex, but understanding your obligations as an employer is crucial for maintaining compliance and fostering a positive work environment.

Final Thoughts

As you strive to streamline your HR processes and ensure your business adheres to these regulations, consider partnering with a trusted HR software provider like GoCo. Book a demo with us today to discover how our all-in-one platform can help you efficiently manage employee leave, maintain accurate records, and prioritize the well-being of your team.