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Pennsylvania Leave of Absence (FMLA): What you need to know

Pennsylvania does not have a law that mandates FML obligations. For all public employers and private employers with 50 or more employees, the federal Family and Medical Leave Act (FMLA) is the primary statute imposing FML obligations in Pennsylvania.
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Guidelines issued by Pennsylvania's Human Relations Commission advise employers to treat employees with disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom the same as employees who are temporarily disabled with respect to leave benefits and rights. The Commission guidelines state that a written or unwritten employment policy or practice that excludes applicants or employees from employment because of pregnancy violate the Pennsylvania Human Relations Act (PA Admin. Code Tit. 16 Sec. 41.101et seq.).
Mandatory maternity leave policies that require a pregnant employee to take leave automatically at a specified time during pregnancy or to remain away from work after the employee has recovered from her disability are in violation of the Human Relations Act. Employers must accept the determination of a pregnant employee's physician regarding pregnancy-related disabilities where it accepts the medical judgment regarding other disabilities.
Under certain circumstances, employees are entitled to take time off to serve in the U.S. armed forces and to be reinstated when service has been completed.
Employees also are entitled to take time off to vote in an election, to serve on jury duty, or to make other types of court appearances.
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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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