Employment Law Aid

Pennsylvania Leave Laws: FMLA, Sick Leave & Employee Rights (2026)

Updated 2026-12-27
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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


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:

Frequently Asked Questions

What is 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
What is job Protection?
Same or equivalent position upon return Health benefits maintained
What is similar provisions to Philadelphia?
Accrual-based Job protection
What is 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.
What is jury Duty?
Must allow time off Cannot penalize employee Pay not required

Legal Disclaimer

The information on this website is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation. No attorney-client relationship is created by using this website.