Employees and employers in Norwood, Pennsylvania, may have questions about how the federal Family and Medical Leave Act applies when an employee needs time away from work for a serious health condition, the birth or adoption of a child, or certain family caregiving responsibilities.
The Family and Medical Leave Act, commonly known as the FMLA, is a federal employment law that provides eligible employees of covered employers with unpaid, job-protected leave for qualifying family and medical reasons. Pennsylvania does not currently have a general statewide paid family and medical leave program that replaces or expands the federal FMLA for private-sector employees.
Understanding who qualifies, how much leave is available, and what employers must do when an employee requests leave can help both employees and businesses avoid unnecessary disputes.
What Is the Family and Medical Leave Act?
The Family and Medical Leave Act is a federal law that generally allows eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave during a 12-month period for certain qualifying reasons.
FMLA leave may be available for:
- The birth of a child and bonding with the newborn
- The placement of a child for adoption or foster care
- Caring for a spouse, child, or parent with a serious health condition
- An employee’s own serious health condition that prevents the employee from performing the essential functions of the job
- Certain qualifying military-related exigencies
Eligible employees may also be entitled to up to 26 workweeks of military caregiver leave during a single 12-month period to care for a covered servicemember with a qualifying serious injury or illness.
Is FMLA Leave Paid in Pennsylvania?
FMLA leave itself is generally unpaid.
However, an employee may be able to use accrued paid leave, such as vacation, sick leave, personal leave, or another employer-provided benefit, during an FMLA absence when permitted or required under the employer’s policies and applicable law.
Some employers also voluntarily provide paid parental, medical, or family leave benefits. Those employer-provided benefits are separate from the basic federal FMLA entitlement.
Does Norwood, Pennsylvania Have Its Own FMLA Program?
The primary family and medical leave protections applicable to eligible private-sector employees in Norwood come from the federal Family and Medical Leave Act.
Employees should not assume that working in Norwood automatically gives them a separate 16-week or paid FMLA entitlement. Leave rights depend on federal FMLA requirements, applicable employer policies, employment agreements, collective bargaining agreements, and any other laws that may apply to the particular situation.
Who Is Covered by the FMLA?
Not every employer or employee is covered by the federal FMLA.
Private-sector employers generally fall under the FMLA when they employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year. Public agencies and certain educational institutions are also covered employers.
To qualify for FMLA leave, an employee generally must:
- Work for a covered employer
- Have worked for that employer for at least 12 months
- Have worked at least 1,250 hours during the 12 months immediately before the leave begins
- Work at a location where the employer has at least 50 employees within 75 miles
Because eligibility depends on specific facts, employees and employers should evaluate the actual employment history and workplace location before assuming FMLA coverage applies.
What Is a Serious Health Condition Under the FMLA?
FMLA leave may be available when an employee or qualifying family member has a serious health condition as defined under federal law.
A serious health condition generally involves an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a health care provider.
Not every illness or medical appointment automatically qualifies. The circumstances and medical treatment involved determine whether the condition meets the FMLA requirements.
Can an Employee Take FMLA Leave Intermittently?
In some circumstances, FMLA leave does not have to be taken all at once.
Intermittent leave or a reduced work schedule may be available when medically necessary for an employee’s serious health condition, the serious health condition of a qualifying family member, or certain military-related reasons.
Employers may require appropriate medical certification and must track intermittent FMLA leave carefully.
Can an Employer Require Medical Certification?
An employer may request medical certification when an employee seeks FMLA leave because of the employee’s own serious health condition or the serious health condition of a qualifying family member.
The employer must follow federal FMLA procedures when requesting certification and give the employee the required opportunity to provide sufficient information.
Employers may also have rights to seek clarification, authentication, recertification, or fitness-for-duty documentation in appropriate circumstances.
What Happens to an Employee’s Job During FMLA Leave?
One of the FMLA’s central protections is job restoration.
When an eligible employee returns from qualifying FMLA leave, the employee generally must be restored to the same position or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions.
There are exceptions and limitations, so restoration rights depend on the facts of the particular employment situation.
Does Health Insurance Continue During FMLA Leave?
A covered employer generally must maintain an employee’s group health insurance coverage during FMLA leave under the same terms that would have applied if the employee had continued working.
The employee generally remains responsible for paying the employee’s normal share of health insurance premiums.
Can an Employer Fire an Employee Who Takes FMLA Leave?
An employer may not interfere with, restrain, or deny an employee’s lawful exercise of FMLA rights. An employer also may not retaliate against an employee because the employee requested or used protected FMLA leave.
FMLA protection does not, however, give an employee greater rights than the employee would have had if leave had not been taken. For example, an employee may still be affected by a legitimate reduction in force or other employment action that would have occurred regardless of the FMLA leave.
What Notice Does an Employee Have to Give?
Employees should give employers enough information to reasonably understand that a requested absence may qualify for FMLA protection.
When the need for leave is foreseeable, such as an expected birth or scheduled medical treatment, federal law generally requires advance notice when practical. In some circumstances, 30 days’ advance notice may be required.
When leave is unexpected, employees should notify the employer as soon as practicable and follow the employer’s usual call-off procedures unless unusual circumstances prevent them from doing so.
What Must an Employer Do After Learning That Leave May Qualify?
When an employer becomes aware that an employee’s leave may qualify for FMLA protection, the employer has notice and designation responsibilities under federal law.
Depending on the circumstances, the employer may need to provide information concerning:
- Whether the employee is eligible for FMLA leave
- The employee’s rights and responsibilities
- Certification requirements
- Whether the leave is designated as FMLA-protected
- Any requirement to use available paid leave concurrently
Employers should document these communications and apply their leave policies consistently.
How Does FMLA Interact With Other Employment Laws?
An employee’s situation may involve more than one employment law.
Depending on the facts, leave or accommodation issues may also involve laws such as the Americans with Disabilities Act, workers’ compensation laws, pregnancy-related protections, military leave laws, or an employer’s own policies and contractual obligations.
An employee who has exhausted FMLA leave may still have rights under another law, and an employer should avoid treating the end of FMLA leave as an automatic basis for termination without considering other applicable obligations.
What Should Employers Do When an Employee Does Not Return From FMLA Leave?
Employers should review the employee’s FMLA usage, communications, medical information, applicable leave policies, and any other potentially applicable employment laws before making a termination decision.
Depending on the circumstances, the employee may request additional leave or another workplace accommodation. Employers should evaluate those requests under any other laws that may apply before taking final action.
Our related resource on what happens when an employee has not returned from FMLA leave discusses this issue in greater detail.
FMLA Issues for Employers in Norwood, Pennsylvania
Employers in Norwood and throughout Delaware County should have clear leave procedures and train supervisors to recognize circumstances that may trigger FMLA obligations.
Common problems can arise when:
- A supervisor fails to recognize a potential FMLA request
- Eligibility is calculated incorrectly
- Leave is not properly designated
- Intermittent leave is tracked incorrectly
- Medical certifications are handled improperly
- An employee is disciplined for an absence that should have been protected
- FMLA, ADA, workers’ compensation, and employer leave policies overlap
Reviewing these issues before taking disciplinary or termination action can help employers reduce the risk of employment disputes.
Talk With a Pennsylvania Employment Lawyer About FMLA Questions
FMLA issues can become complicated when eligibility, medical certification, intermittent leave, job restoration, discipline, or termination are disputed.
Gibson & Perkins, PC assists employers and clients with Pennsylvania employment-law matters, including issues involving employee leave and workplace policies.
If you have questions about FMLA rights or responsibilities in Norwood, Delaware County, or elsewhere in Pennsylvania, contact Gibson & Perkins, PC to discuss the circumstances.
