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.
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.