Federal & State Regulations | FMLA - Pennsylvania | J. J. Keller® Compliance Network

Summary of differences between federal and state regulations

Pennsylvania has no state family and medical leave provisions that strictly resemble the federal FMLA, but employers must be aware of provisions such as organ/tissue donation leave, as well as leave for pregnancy disability and court appearances.

Organ/tissue donation leave

Effective June 26, 2021, employers subject to the federal FMLA must provide the same leave to which an eligible employee is entitled under the FMLA (up to 12 weeks), when the eligible employee is unable to work because of a serious health condition or when the eligible employee must care for the eligible employee’s spouse, child, or parent with a serious medical condition, for the preparation and recovery necessary for surgery related to organ or tissue donation by or for the eligible employee or the eligible employee’s spouse, child, or parent.

An “organ” includes a human kidney, liver, heart, lung, pancreas, esophagus, stomach, small or large intestine, or portion of the gastrointestinal tract, or another part of the human body designated by the PA Department of Health by regulation.

“Tissue” includes a portion of the human body other than an organ, including, but not limited to, a human eye, skin, bone, bone marrow, heart valve, spermatozoon, ova, artery, vein, tendon, ligament, pituitary gland or fluid.

Leave under the PA Living Donor Protection Act will typically run concurrently with federal FMLA leave because an organ donation would qualify as a serious medical condition whenever it results in an overnight stay in a hospital and the post-surgery recovery qualifies as a serious health condition.

Organ/bone marrow donation tax credit

If employers provide one or more paid leaves of absence to employees for the specific purpose of organ or bone marrow donation, the employers will qualify for the organ or bone marrow donor tax credit.

Pregnancy disability

If you have practices or policies regarding job benefits and security, they must be applied due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary (or permanent) disabilities. If you have a policy or practice allowing employees leave for purposes of childrearing and child care, the leave must be equally applicable to both male and female employees, and in relation to birth or adoption.

Court appearances

Employees are entitled to take unpaid leave to attend court for reasons such as being a victim of, or a witness to, a crime or because the employee is a member of such victim's family.

Employers may not deprive an employee of his employment, seniority position or benefits, or threaten or otherwise coerce him with respect to such leave.

The law does not provide for employee eligibility criteria, nor does it provide a length of leave to which an employee is entitled.