Do employers have to grant FMLA leave for the birth or adoption of a child?

Yes, employers in Pennsylvania are required to grant Family and Medical Leave Act (FMLA) leave for the birth or adoption of a child. In Pennsylvania, any employer with 50 or more employees must comply with the requirements of the FMLA. Employees who work for such employers are eligible for up to 12 weeks of job-protected, unpaid leave during any 12-month period for the birth of a child or the placement of a child in their home for adoption or foster care. The employee must provide their employer with at least 30 days’ advance notice of the need for FMLA leave, if possible. Employees who take FMLA leave must be reinstated to the same position they held prior to the leave, or a substantially equal position with the same benefits, pay and other terms of employment. Employees may also be required to use any accrued paid leave, such as vacation or sick days, for part or all of the leave. Additionally, the employer must continue providing the same health insurance coverage for the employee during the leave that was in effect prior to the leave. However, employees are responsible for paying their portion of the premiums during the leave period. In summary, employers with 50 or more employees in Pennsylvania are required to provide FMLA leave for the birth or adoption of a child. During the FMLA leave, employees have job protection and benefits, though they may be required to use accrued paid leave and still be responsible for the portion of the health insurance premiums for which the employee is responsible.

Do employers have to grant FMLA leave for the birth or adoption of a child?

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