Does Not Provide Leave to All Employees

The only guaranteed family leave enjoyed by Pennsylvanians is the unpaid leave required by the Family and Medical Leave Act (FMLA) (1993), which does not provide leave to all employees.

Pennsylvania law does not require employers to provide any paid sick leave for employees. The only guaranteed family leave enjoyed by Pennsylvanians is the unpaid leave required by the Family and Medical Leave Act (FMLA) (1993), which does not provide leave to all employees. As the FMLA currently stands, it does not permit unpaid leave for medical conditions that do not fall within its definition of a “serious health condition,” leaving employees without access to leave for minor medical conditions that may still require rest and treatment such as antibiotics. Furthermore, only slightly over half of all private sector employees work for employers that meet the size criterion of the FMLA, meaning these employees are not eligible for FMLA benefits. In addition, lower-income workers are more likely to work for smaller employers without FMLA obligations. FMLA leaves many employees without unpaid leave, affecting women in particular, who are more likely than men to work part-time, and therefore are not likely to be eligible for FMLA leave. In the Pennsylvania General Assembly, legislation has been repeatedly introduced to expand the reach of the Family and Medical Leave Act of 1993 (FMLA) and provide paid leave for both familial illness and domestic and sexual violence. The PA General Assembly has yet to adopt any such legislation.

 

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Author: WVPA

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