Legal Question in Medical Leave in Pennsylvania

Re: Pregnancy Leave

You asked about FMLA leave.

The first thing to think about is whether your employer may be covered. Many employees are actually covered where the employer is part of a chain or franchise or umbrella organization and the employer can be imputed to have enough employees to qualify. This isn't a decision that the employer gets to make but is rather one that is determined by the circumstances. For example, if you work at a convenience store that has 20 employees the you wouldn't necessarily be covered. But, if the same person OR AN affiliate owns other businesses and that group has more than 50 employees then you would be covered.

If the company has Federal contracts or subcontracts then there are likely provisions in their contracts that call for the employer to provide such benefits as those under the FMLA.

Also, you should be allowed to use accrued sick or personal leave time.

The last option is to simply tell the employer you are taking the time. It's a game of chicken to see whether the employer would rather put up with some insubordination or lose a good employee. Firing an employee in such a circumstance would be sorely detrimental to the morale of employees and thereby the performance of the business.

Maybe a good conversation with the employer will help either the employer or you decide.

Hope this helps.

Roger