Pennsylvania

In Pennsylvania, various laws and programs are in place to support pregnant workers and new parents as they balance work and family responsibilities.

Pregnancy and Work

Protection Against Pregnancy Discrimination: The federal Pregnancy Discrimination Act (PDA) prohibits employers with 15 or more employees from discriminating against pregnant workers. This includes protections against firing, refusing to hire, or treating an employee unfavorably due to pregnancy or related conditions. Employers must treat pregnancy and related medical conditions the same as any other temporary medical condition in terms of employment-related purposes. Learn More

Workplace Accommodations: In Pennsylvania, employers must provide reasonable accommodations for pregnant workers, including those with pregnancy-related conditions, unless doing so would cause an undue hardship, as mandated by the Pregnant Workers Fairness Act (PWFA). The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless it would pose an undue hardship. Examples of reasonable accommodations include permission to sit or stand while performing job duties and altered break or shift schedules, light duty, or temporary reassignment and leave for healthcare appointments. Learn More

Workplace Safety for Pregnant Workers: Employers are obligated to ensure a safe working environment for pregnant employees. Unsafe conditions can be reported to the Occupational Safety and Health Administration (OSHA).

Taking Time Off Work

Family and Medical Leave Act (FMLA): The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for childbirth, bonding with a new child, or serious medical conditions, including those related to pregnancy. To be eligible, employees must work for a covered employer, have worked for the employer for at least 12 months, and have logged at least 1,250 hours in the past year.

Pennsylvania State Family Leave Laws: Although Pennsylvania does not have its own leave laws, eligible employees are covered by FMLA, just as they are in every other state. This federal law provides up to 12 weeks of leave in any 12-month period, for qualifying reasons such as giving birth or treating a serious health condition. Learn More

Returning to Work with a Baby

Break Time for Nursing Mothers: In Pennsylvania, under The Fair Labour Standard Acts (FLSA), nursing mothers are entitled to reasonable break time and a private, non-bathroom space to express breast milk for up to one year after the child's birth. This means employers must allow nursing mothers to take breaks as needed to express milk, and the frequency and duration of these breaks may vary. The space provided must be shielded from view and free from intrusion by coworkers or the public, and it cannot be a bathroom. Employers with fewer than 50 employees may be exempt if providing breaks or space would cause their business significant difficulty or expense.
Whether the break time is paid or unpaid depends on the employer's policies and the employee's status (non-exempt or exempt).

Parental Rights for Sick or Family Leave

Under the FMLA, eligible employees can take unpaid leave to care for a newborn, adopted, or foster child, or to care for a family member with a serious health condition. This includes time needed to care for a spouse, child, or parent.

Workplace Protections for New Parents

Equal Pay: Federal laws, such as the Equal Pay Act, require that men and women receive equal pay for equal work in the same establishment. This includes protections for new parents to ensure they are not discriminated against in terms of pay due to their parental status. Learn More

Employment Termination: Employers cannot terminate or retaliate against employees for taking protected leave under laws like the FMLA or for requesting pregnancy-related accommodations under the PWFA. Such actions are considered unlawful employment practices.

Job Protection: The FMLA guarantees that employees can return to their same or an equivalent position after taking leave. This ensures job security for new parents taking time off for family or medical reasons.

Support for Parents in Pennsylvania

Childcare Assistance: The Pennsylvania Child Care Works program offers subsidized childcare for eligible low-income families, helping parents afford quality childcare while they work or attend approved education programs. Learn More

Temporary Assistance for Needy Families (TANF): Pennsylvania's TANF program provides financial assistance to low-income families with children, including those with new babies, to help meet basic needs.

Flexible Work Policies: While not mandated by state law, some Pennsylvania employers offer flexible work arrangements, remote work options, or paid parental leave as part of their benefits packages. Employees are encouraged to consult their employer's human resources department to understand the specific benefits available to them.

These laws and programs aim to support pregnant workers and new parents in Pennsylvania as they balance work and family responsibilities.