Pennsylvania Labor and Employment Tips II

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Welcome to the Second Edition of PA Labor & Employment Tips

In our first issue we discussed two factors important in the pre-hire process. If you missed the first edition of this series, please feel free to visit PA Labor & Employment Tips.

Today, I will give a brief overview of a number of post-employment, protected leaves of absence which can be problematic for employers, including:

Pregnancy & Childcare

  • An employer must accept the determination of an employee?s physician regarding pregnancy and the ability to work when such a determination is accepted for other medical conditions.
  • Leave for adoptions, child rearing and childcare must be available to males and females on the same basis.

Jury Duty

  • Any retail or service industry business employing 15 or more persons and any manufacturing business employing 40 or more persons may not threaten or treat adversely an employee for complying with a summons for jury duty. An employee of an exempt business shall, upon request made to the court, be excused from jury service.

Crime Victims, Family Members of Victims and Witnesses

  • An employer may not penalize an employee for absences if the employee attended court as the victim of a crime, as a member of the family of a victim or as a witness to a crime.
  • There is no requirement that the employee be subpoenaed.

Emergency Responder

  • An employer may not discipline or discriminate against an emergency responder who:

    • is injured in the line of duty, or
    • who, prior to reporting for work, responded to a call and thereby missed work.
  • An employer may require documentation of the time of emergency call and the Responder?s presence at the scene of the emergency.

State of Emergency

  • An employer may not discipline an employee for failure to report for work due to road closure in the county in which the employee resides or in which he works.

Military Duty

  • An employer may not discriminate against those who enlist or are drafted into the military.
  • At the conclusion of military service, the individual is to be reinstated to the position he would have attained if he had not been absent due to military service, to his former position, or to a position of like status.

Payment of Wages for Leaves

  • There is no obligation to pay for any work time lost due to taking any of these protected leaves.

Authors

Of Counsel
(724) 749-3176
Southpointe, PA