Quick Answer
Comprehensive guide to Pennsylvania leave laws covering FMLA, Philadelphia paid sick leave, military leave, and employee leave rights in Pennsylvania.
Pennsylvania does not have comprehensive state-level paid leave requirements, relying primarily on federal FMLA. However, Philadelphia and Pittsburgh have enacted local paid sick leave ordinances. Understanding your leave rights is important for Pennsylvania workers.
Quick Facts: Pennsylvania Leave Laws
| Leave Type | Duration | Paid? | Coverage |
|---|---|---|---|
| FMLA | 12 weeks | No | 50+ employees |
| Philadelphia Sick Leave | 40 hours/year | Yes | 10+ employees |
| Pittsburgh Sick Leave | 40 hours/year | Yes | 15+ employees |
| Jury Duty | As needed | No (generally) | All employers |
| Military Leave | Varies | Varies | All employers |
Federal FMLA in Pennsylvania
Coverage
Applies when:
- Employer has 50+ employees within 75 miles
- Employee worked 12 months
- Employee worked 1,250 hours
Leave Entitlements
12 weeks for:
- Own serious health condition
- Care for family member
- Birth/adoption bonding
- Military qualifying exigency
26 weeks for:
- Military caregiver leave
Job Protection
- Same or equivalent position upon return
- Health benefits maintained
Philadelphia Paid Sick Leave
Coverage
- Employers with 10+ employees: 40 hours paid
- Employers with fewer: 40 hours unpaid
Accrual
- 1 hour per 40 hours worked
- Can use after 90 days
Uses
- Own illness or injury
- Care for family members
- Domestic violence situations
- Public health emergencies
Pittsburgh Paid Sick Leave
Coverage
- Employers with 15+ employees: 40 hours paid
- Smaller employers: 24 hours paid
Similar provisions to Philadelphia
- Accrual-based
- Job protection
No Statewide Paid Leave
Pennsylvania has not enacted statewide:
- Paid sick leave
- Paid family leave
- State FMLA expansion
Workers outside Philadelphia and Pittsburgh rely on employer policies.
Other Leave Protections
Jury Duty
- Must allow time off
- Cannot penalize employee
- Pay not required
Military Leave
- Protected under state and federal law
- Reemployment rights
- Benefit continuation
Voting Leave
- 2 hours if needed
- Must notify employer
Common Questions
Does Pennsylvania require paid sick leave?
Not statewide. Only Philadelphia and Pittsburgh have local paid sick leave requirements.
Am I protected if I take FMLA leave?
Yes, FMLA provides job protection. You cannot be terminated for taking FMLA leave if you're eligible.
What if my employer doesn't offer leave?
You have FMLA rights if eligible. Otherwise, leave depends on employer policy.
Finding Legal Help
Free Resources
- PA DOL: dli.pa.gov
- WHD (FMLA): dol.gov/agencies/whd
- PA Law Help: palawhelp.org
Employment Attorneys
Many handle leave-related retaliation cases on contingency.
Related Resources
- Pennsylvania Workplace Discrimination
- Pennsylvania Workplace Retaliation
- FMLA Family Medical Leave
- Philadelphia Employment Law
Legal Disclaimer
This guide provides general information about Pennsylvania leave laws and is not legal advice. For advice about your situation, consult a licensed Pennsylvania employment attorney.
Official Resources:
- US Department of Labor (FMLA): https://dol.gov/agencies/whd
- Philadelphia L&I: https://phila.gov/li
