Legal Question in Medical Leave in Pennsylvania

You asked about taking Family Medical Leave Act leave to assist your bedridden daughter.

Generally yes. FMLA leave allows a person to take leave for their own care or the care of another person in their immediate family. There are several steps to make certain that you are covered by the FMLA. 1) Is your employer covered? Does the employer employ 50 or more persons? If yes then the employer is covered. 2) Have you worked for the employer for more than one year? If yes then 3) Have you worked more than 1250 hours for that employer in the past year? If yes then you qualify under the FMLA to take leave.

The employer is left to its own designs as to how to calculate that leave such as if the plan will run on an as-used or calendar basis for calculation of the 12 weeks of allotted leave. Also, the employer can require that you use up all accrued (paid sick time, personal, and vacation) leave before allotting the unpaid portion of your leave.

Don't hesitate to contact an attorney if you run into any problems with taking this FMLA leave.

Regards,

Roger