Pennsylvania
Verified February 2026Pennsylvania Human Relations Act (PHRA)
43 P.S. §§ 951–963
Pennsylvania does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act. To qualify, you must work for an employer with 50+ employees and have worked at least 12 months and 1,250 hours.
However, Pennsylvania provides significantly broader anti-discrimination protection than federal law through the Pennsylvania Human Relations Act (PHRA). The PHRA covers employers with just 4 or more employees, well below the federal ADA threshold of 15. This means more Pennsylvania workers are protected from disability discrimination. The law prohibits discrimination based on disability, race, color, sex, age, national origin, and other protected classes.
The Pennsylvania Human Relations Commission (PHRC) enforces the PHRA and investigates complaints. Pennsylvania also has notable local protections: Philadelphia and Pittsburgh both have paid sick leave ordinances that apply to employers within city limits. Workers' compensation in Pennsylvania covers mental health injuries, including "mental-mental" claims, though proving purely psychological workplace injuries can be challenging.
Even without a state leave law, Pennsylvania workers benefit from a strong anti-discrimination framework with a low employer threshold. The combination of the PHRA, federal FMLA, the ADA, and local ordinances in major cities creates a meaningful safety net for workers dealing with health conditions.
Employer Size
4+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Pennsylvania does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave. Philadelphia and Pittsburgh both have local paid sick leave ordinances.
Anti-Discrimination: The Pennsylvania Human Relations Act (PHRA) covers employers with 4 or more employees, significantly lower than the federal ADA threshold of 15.
Additional Protections
1. Request FMLA Leave (Federal)
Since Pennsylvania has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- Verify your employer has 4+ employees and the incident is within 180 days.
- File a complaint with the Pennsylvania Human Relations Commission online, by mail, or in person at regional offices.
- PHRC will investigate the complaint and attempt conciliation if it finds probable cause.
- If conciliation fails, the case may proceed to a public hearing before the Commission.
Note: Filing with PHRC automatically cross-files with the federal EEOC through a work-sharing agreement.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 180 days - Deadline to file a discrimination complaint with the Pennsylvania Human Relations Commission
- 300 days - Deadline to file with the federal EEOC (extended because PHRC exists as a local agency)
- 21 days - Workers' comp injury must be reported to employer for full benefits from the start
- 120 days - Deadline to report a workers' compensation injury to employer (late reports may limit benefits)
- 3 years - Statute of limitations for filing a workers' compensation claim
Official Resources
Frequently Asked Questions
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