Most people working in Pennsylvania are completely unaware of the benefits that are available to them and their families thanks to the employment law in Pennsylvania. Not knowing these laws can prevent you from being able to recognize when you are wrongly terminated. In addition to not being able to prevent being terminated it will also be hard to know when and how to apply for benefits that you are entitled to after termination. Understanding employment law in Pennsylvania will make it easier for you and your family to recover from a sudden job related set back.
The state of Pennsylvania allows employees to take up to 12 weeks of medical leave without pay. When the employee returns from medical leave their original position must be restored to them. These benefits are available to anyone who has worked for their employer for at least 12 months for at least 1250 hours. The employer must also have at least 50 employees that work at least 20 weeks per year. Employees who work for state, local, and federal governments are also able to use family and medical leave in Pennsylvania.
In the state of Pennsylvania an employee can only be fired or terminated for reasons that have already been specified in an employee handbook or other documentation made available after hiring. No individual can be terminated for using their unpaid medical leave or for threatening to use their unpaid medical leave. The right to use unpaid medical leave is guaranteed by the employment law in Pennsylvania.
Employees in Pennsylvania are able to receive unemployment compensation if they have been terminated or left their employer with good cause. In order to qualify for the unemployment compensation program an individual must have worked for an employer who paid into the fund. If you do qualify for unemployment benefits you and your family will be able to receive monetary compensation and health care.
For up to 18 months after the employer or the employee COBRA has ended employment, Consolidated Omnibus Budget Reconciliation Act, goes into effect. The only reason an employee would not be able to receive medical coverage through COBRA would be if they were fired for gross misconduct at their job. Children and spouses will also become eligible for coverage through COBRA. COBRA will help a family continue to receive medical treatment until new employment or medical coverage can be found.