Pennsylvania Paid Leave
Pennsylvania law allows employers the opportunity to count paid leave
towards the twelve weeks that are given each year. These twelve weeks
are unpaid leave for family or medical purposes. The Family and Medical
Leave Act allows individuals the right to take such a leave and not
risk termination from employment.
Paid time off can be considered as family or medical leave in
Pennsylvania but in other states it is not. Whether or not paid time
off is considered part of an individual's family and medical leave time
depends on company or business policy. A company or business has the
right to create certain guidelines for how paid time of is to be
handled. Pennsylvania law requires that employers provide written
policy for their employees about how leave is to be carried out.
The Family and Medical Leave Act covers caring for an elderly parent,
caring for an ill child, reasons of hospitalization, or any other
medical or psychological need for a prolonged leave. Maternity leave is
covered under this act and includes caring for a newborn and bonding
with recently adopted children.
While an employee is on leave, an employer has the right to hire a
temporary employee for those twelve weeks. This new employee is,
however, required to be terminated when the former employee returns.
When an employee on leave returns to work, he or she is guaranteed his
or her former occupation or one with equal pay and benefit, according
to the Family and Medical Leave Act.
There is currently no Pennsylvania law or federal law that requires
employers to provide payment for holidays or holidays off. Federal law
states that a company or business has the right to be open every day of
the year, including Sundays and holidays. Through this employees will
be required to work. Companies and businesses do have the right to
provide premium pay for working holidays or provide specific holidays
off. Federal holidays do not require employers to allow days off. These
holidays are for government officials and post offices, not the general
Some employers may choose to provide payment for holidays off; however
this payment will not count towards overtime. For instance if Monday is
a holiday, an employee will be paid for the eight hours he or she would
have worked. If that employee works more than forty hours that same
week, he or she will not be paid overtime because the holiday payment
does not count towards time worked.
Employees in Pennsylvania cannot be terminated due to pregnancy or the
necessity to take maternity leave. The Pregnancy Discrimination Act
protects these employees but only in businesses where more than fifteen
workers are employed. Some employers view pregnancy as a disability and
treat these employees as other disabled employees would be treated.
The Pregnancy Discrimination Act prohibits this behavior and is an
amendment to the 1964 Civil Rights Act. Pregnancy is also protected by
the Family and Medical Leave Act. Paternity leave is also an option and
allows expectant fathers the right to attend doctor's appointments and
care for their wives.