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Pennsylvania Leave Laws Mandates
Pennsylvania’s leave laws are rooted in federal protections, with the Family and Medical Leave Act (FMLA) as the primary source of job-protected leave for most employees. FMLA entitles eligible workers to up to 12 weeks of unpaid, job-protected leave per year for health severity, caring for a family member, bonding with a new child, or certain military-related needs. Employees must work for an employer with at least 50 employees, have 12 months of service, and have worked at least 1,250 hours prior.
However, in Pennsylvania, legislative efforts are underway to implement their own paid sick leave ordinances. Public sector employees and those in certain localities may have additional rights. The state is also considering the Family Care Act, a bill that would create a statewide paid family and medical leave insurance program.
Pennsylvania Sick Leave Law
Pennsylvania does not mandate paid or unpaid sick leave statewide for private employers. However, both Philadelphia and Pittsburgh require most employers to provide paid sick leave to employees working within city limits. Pittsburgh’s Paid Sick Days Act, for example, will increase to 72 hours per year for employers with 15 or more employees and 48 hours for smaller employers starting January 1, 2026. Outside these cities, sick leave is at the employer’s discretion. Public employees may accrue sick leave under state or agency rules.
Pennsylvania Paid Time Off (PTO) and Vacation Leave
There is no state law requiring private employers to provide PTO or vacation leave. If offered, accrual, use, and payout at separation are governed by the employer’s written policy. Most employers voluntarily provide PTO as a competitive benefit, but policies vary widely.
Pennsylvania Paid Family Leave
There is no statewide paid family leave program in place in Pennsylvania as of July 2025. Nonetheless, lawmakers are actively considering the bipartisan Family Care Act. If it is passed, it would offer 12 to 20 weeks of paid leave for bonding with a new child, taking care of a family member who is very ill, one’s serious health condition, military family needs, or domestic violence-related issues. Most workers would be covered by benefits, which would be paid for by payroll deductions.
Pennsylvania Bereavement Leave
There is no Pennsylvania law requiring private employers to provide bereavement leave. Whether such leave is available, paid or unpaid, is determined by the employer’s policy. Public employees may use accrued leave for bereavement, subject to agency rules.
Pennsylvania Parental, Maternity, and Paternity Leave
Parental leave for private sector employees is governed by the FMLA, which allows up to 12 weeks of unpaid leave for birth, adoption, or foster care placement. The proposed Family Care Act would provide paid leave for these events if enacted. Public employees may have additional rights under agency policies.
Pennsylvania Military Leave
Employees called to active military duty are entitled to unpaid leave and job protection under federal USERRA and state law. Public employees may be eligible for paid military leave under state statute. Returning employees must be reinstated to their previous or equivalent positions, and health insurance must be continued for up to 30 days.
Pennsylvania Jury Duty Leave
Employers cannot discharge or retaliate against employees for serving on a jury. Leave is generally unpaid unless the employer’s policy states otherwise. Employees must show their jury summons and return to work after dismissal.
Pennsylvania Leave Types, Eligibility and Duration
| Type of Leave | Eligibility | Duration & Description |
|---|---|---|
| FMLA (Federal) | Employers with 50+ employees; employee must have 12 months of service and 1,250 hours worked | Up to 12 weeks of unpaid, job-protected leave; up to 26 weeks for military caregiver leave |
| Paid Family Leave (Proposed) | Most employees (if enacted) | 12–20 weeks of paid leave for family or medical reasons, funded by payroll deductions |
| Sick Leave | Employer policy in the private sector; local ordinances may apply | No statewide mandate; cities like Philadelphia and Pittsburgh require paid sick leave; public employees may accrue leave |
| PTO / Vacation | Employer policy | No statewide requirement; employers determine accrual, usage, and payout rules |
| Bereavement Leave | Employer policy in the private sector; agency rules in the public sector | Not required by law; public employees may use accrued leave for bereavement |
| Parental / Maternity Leave | Employees eligible under FMLA or proposed paid family leave law | Up to 12 weeks unpaid under FMLA; up to 20 weeks paid if proposed law passes |
| Military Leave | All employees | Unpaid leave with job protection; public employees may receive paid leave |
| Jury Duty Leave | All employees | Unpaid unless employer policy provides pay; job protection guaranteed |
| Voting Leave | All employees | No statewide mandate; employers are encouraged to allow time off to vote |
| Domestic Violence Leave | All employees (if paid family leave law passes) | Covered under proposed paid family leave law; otherwise determined by employer policy |
State-Specific Leaves in Pennsylvania
- Paid Sick Leave (Local): Philadelphia and Pittsburgh require most employers to provide paid sick leave to employees working within city limits. Pittsburgh’s ordinance will increase required paid sick leave to 72 hours per year for larger employers and 48 hours for smaller employers in 2026.
- Proposed Paid Family Leave: The Family Care Act, if enacted, would provide up to 20 weeks of paid family and medical leave, covering most employees statewide and funded by payroll deductions.
- Military Leave: State law provides job protection and health insurance for employees called to military service, with special provisions for public employees.
- Pregnancy Accommodation: Employers must provide reasonable accommodations for pregnancy, childbirth, or related conditions under federal law and state policy, unless it causes undue hardship.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: States if unused leave can be transferred to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| Paid Family Leave (Proposed) | 30 days advance notice if foreseeable | Proof of relationship, medical certification, or other relevant documents |
| FMLA | Reasonable advance notice | Medical certification or bonding documentation |
| Sick Leave | Reasonable notice as soon as practicable | None required by state law; local ordinances may require documentation |
| Bereavement Leave | No notice mandated; employer may require proof | Optional documentation such as an obituary or death certificate |
| Military Leave | As soon as practicable | Military orders or official documentation |
