Pennsylvania does not have a paid family leave program. Workers who need time off for a new baby, a seriously ill family member, or their own medical condition rely on the federal Family and Medical Leave Act, which guarantees up to 12 weeks of unpaid, job-protected leave each year for eligible employees. A state bill that would create paid leave passed the Pennsylvania House in March 2026 but has not become law, so for now a Pennsylvania paid family leave benefit exists only through private insurance, employer policies, or limited local paid sick time in Philadelphia and Pittsburgh.
The Pending State Bill
House Bill 200 would create a state-run paid family and medical leave program administered by the Pennsylvania Department of Labor and Industry. The bill passed the state House on March 25, 2026, by a vote of 107–92 and was referred to the Senate Labor and Industry Committee on April 1, 2026.1Pennsylvania General Assembly. House Bill 200 Information As of mid-2026, the Senate had not scheduled a vote. Until a bill is signed into law, no state benefit exists, and your rights come from federal law and, in a few cities, local ordinances.
Who Can Take Unpaid FMLA Leave
FMLA covers employees who have worked for the same employer for at least 12 months and logged at least 1,250 hours in the previous 12-month period. The employer must also have at least 50 employees within 75 miles of the worksite.2Office of the Law Revision Counsel. 29 USC 2611 – Definitions Together, those thresholds exclude a large share of part-time, newer, and small-business workers in Pennsylvania.
Eligible workers can take up to 12 workweeks of unpaid leave in a 12-month period for any of these reasons:3Office of the Law Revision Counsel. 29 USC 2612 – Leave Requirement
- Birth of a child, or placement of a child through adoption or foster care, and bonding with that child.
- Caring for a spouse, child, or parent with a serious health condition.
- Your own serious health condition when it prevents you from doing your job.
- Qualifying urgent needs arising from a spouse’s, child’s, or parent’s active-duty military deployment.
A “serious health condition” generally means an illness or injury that requires either inpatient care or continuing treatment by a health care provider, usually involving more than three consecutive days of incapacity plus follow-up treatment, or a chronic condition causing periodic flare-ups.4eCFR. 29 CFR 825.113 – Serious Health Condition Common colds, the flu, and routine dental problems typically do not qualify.
The leave can also be taken intermittently when a medical condition requires periodic treatment, like chemotherapy or physical therapy. Each absence draws down the same 12-week bank.5eCFR. 29 CFR 825.202 – Intermittent Leave or Reduced Leave Schedule Intermittent leave for bonding with a new child, though, requires your employer’s agreement.
How to Get Paid During Leave
FMLA protects your job but not your paycheck. In Pennsylvania, income during leave comes from whatever combination of these you can assemble:
- Accrued paid time off. Many employers require you to use vacation, sick, or personal days concurrently with FMLA. That keeps money coming in, but most workers burn through their balance well before 12 weeks.
- Short-term disability insurance. Employer group plans and individual policies typically replace 40% to 70% of your base salary when you cannot work because of your own illness or injury. These policies do not cover leave to care for a family member. Individual policies generally run $25 to $150 per month depending on age, occupation, and benefit level.
- Employer-sponsored parental leave. Some Pennsylvania employers voluntarily offer paid parental leave as a recruiting tool. Benefits range from a few days of full pay to several weeks at partial pay. Check your employee handbook or benefits portal.
None of these are guaranteed by Pennsylvania law. Whether you have access depends entirely on your employer’s policies and any coverage you have purchased.
Pregnancy, Childbirth, and Nursing
Beyond leave itself, several laws protect pregnant and postpartum workers in Pennsylvania.
The federal Pregnant Workers Fairness Act, in effect since June 2023, requires employers with 15 or more employees to provide reasonable workplace accommodations for pregnancy, childbirth, or related conditions.6Office of the Law Revision Counsel. 42 USC 2000gg – Definitions Accommodations can include more frequent breaks, schedule changes, temporary light duty, or permission to sit during a job normally done standing.7U.S. Equal Employment Opportunity Commission. What You Should Know About the Pregnant Workers Fairness Act An employer can refuse only by showing undue hardship, and it cannot force you to take leave when another accommodation would let you keep working.
The PUMP for Nursing Mothers Act requires employers to provide reasonable break time and a private, non-bathroom space to express breast milk for up to one year after a child’s birth.8Office of the Law Revision Counsel. 29 USC 218d – Breastfeeding Accommodations in the Workplace Employers with fewer than 50 employees can claim an undue-hardship exemption.9U.S. Department of Labor. Frequently Asked Questions – Pumping Breast Milk at Work
The Pennsylvania Human Relations Act prohibits employment discrimination based on sex, which has been interpreted to include pregnancy.10Pennsylvania General Assembly. Pennsylvania Human Relations Act It does not create a right to leave on its own, but an employer who treats a pregnant worker worse than other employees with similar temporary limitations can face a discrimination claim.
Paid Sick Time in Philadelphia and Pittsburgh
Pennsylvania has no statewide paid leave law, but two of its largest cities require employers to provide paid sick time that can be used for family care.
Philadelphia
Philadelphia’s Promoting Healthy Families and Workplaces ordinance requires employers with 10 or more employees to provide paid sick time. Workers accrue one hour of sick time for every 40 hours worked, up to 40 hours per calendar year.11City of Philadelphia Code Library. Philadelphia Code 9-4104 – Accrual of Paid Sick Time Employees at smaller businesses accrue unpaid sick time at the same rate. Accrued time becomes available on the 90th calendar day of employment, and unused hours carry over. The ordinance allows employees to use sick time to care for a sick family member.
Pittsburgh
Pittsburgh’s Paid Sick Days Act has been in effect since March 2020, with amendments that took effect on January 1, 2026.12City of Pittsburgh. Paid Sick Days Act Like Philadelphia’s law, it provides accrued paid sick time rather than extended paid family leave.
Allegheny County
Allegheny County has adopted paid sick and parental leave regulations that apply within participating municipalities. Coverage depends on employer size and on whether your specific municipality has opted in.
These local ordinances help cover short absences, but 40 hours a year will not get a parent through recovery from childbirth or a stretch of caring for a parent after surgery.
Requesting Leave and Keeping Your Job
If your need for leave is foreseeable, give your employer at least 30 days’ notice. For medical emergencies or sudden illness, notify your employer as soon as you reasonably can.13eCFR. 29 CFR 825.302 – Employee Notice Requirements for Foreseeable FMLA Leave Once your employer learns the leave may qualify under FMLA, it has five business days to tell you whether you are eligible and to give you a written statement of your rights and responsibilities, including any requirement to use paid leave concurrently and the obligation to keep paying your share of health insurance premiums.14eCFR. 29 CFR 825.300 – Employer Notice Requirements
Your employer can require medical certification. The Department of Labor publishes optional forms: WH-380-E for your own condition and WH-380-F for a family member’s.15U.S. Department of Labor. FMLA Forms A health care provider fills out the form, documenting when the condition began, how long it is expected to last, and whether intermittent leave is needed. Get it completed before leave starts if you can; an employer can delay or deny FMLA protection when adequate certification does not arrive after a reasonable chance to provide it.
When you return, your employer must restore you to the same position or an equivalent one, with virtually identical pay, benefits, duties, and working conditions.16U.S. Department of Labor. Family and Medical Leave Act Advisor – Equivalent Position You get any unconditional raises, such as cost-of-living increases, that took effect while you were out.
Your group health insurance must continue during the leave at the same level and under the same conditions as if you had kept working.17Office of the Law Revision Counsel. 29 USC 2614 – Employment and Benefits Protection You still owe your usual share of the premium, and because unpaid leave produces no paycheck to deduct from, you will need to arrange another way to pay.18U.S. Department of Labor. Fact Sheet – Employee Protections Under the Family and Medical Leave Act Some employers front the employee share and recoup it through payroll deductions after you return.
If Your Employer Retaliates
Federal law makes it illegal for an employer to fire, discipline, demote, or otherwise punish you for taking FMLA leave or for filing an FMLA complaint.19Office of the Law Revision Counsel. 29 USC 2615 – Prohibited Acts Employers cannot count FMLA absences against you under a no-fault attendance policy or treat your leave as a negative factor in hiring, promotion, or discipline.20eCFR. 29 CFR 825.220
When an employer violates FMLA, you can recover lost wages, salary, and benefits, plus an equal amount in liquidated damages, along with attorney’s fees and costs.21Office of the Law Revision Counsel. 29 USC 2617 – Enforcement If no wages were lost, you can recover actual monetary losses such as the cost of hiring someone to provide care, capped at 12 weeks’ worth of your salary. Most employment attorneys take FMLA cases on contingency.