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Work in PA for a MA company; who's maternity leave do I get? Pennsylvania

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  • Work in PA for a MA company; who's maternity leave do I get? Pennsylvania

    I work in Pennsylvania for a company headquartered in Mass. Our employee handbook says that according to the MA FMLA we get 8 weeks maternity leave. I know in PA though maternity leave is 12 weeks. Which one would apply to me?

  • #2
    Since you work in PA, PA law applies to you.

    However, the last I heard, PA did not have a maternity leave law at all. I'm not saying it's impossible that they could have implemented one and I simply missed the announcement - that's possible since I no longer have PA employees. But do you have a link to the law in question, just for my edification?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      I do have PA employes and I do not know of any PA maternity leave. Perhaps OP means FML?

      Comment


      • #4
        Sorry, I was mistaken. PA doesn't have a law; I was told PA follows the federal FMLA guidelines, which would be 12 weeks. I guess that still leaves me wondering if I am entitled to 12 weeks since I work in PA or only the 8 weeks MA provides for.

        Comment


        • #5
          The 12 weeks is Federal and applies in all states. So the question is whether or not you qualify for the Federal benefit or only for the state.

          If ALL of the following are true, then you are eligible for the 12 weeks (which applies in MA just as well as in PA). If even one of the following critera is not true, then you only apply for the MA benefit.

          1.) You have worked for this employer for no less than 12 months
          2.) Your employer has a minimum of 50 employees within 75 miles of your location
          3.) In the 12 months immediately preceding the start of your leave, you worked a minimum of 1,250 hours.

          To qualify for the MA benefit, you only have to have worked for the employer for 3 months and your employer only has to have 6 employees.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            I thought since she worked in Pa., she would only be entitled to what Pa. offers (not Ma.)-
            which is just fed. FMLA.

            cbg, note your post (which is post #2).

            If she doesn't qualify for FMLA, then it seems she would get whatever the employer allows.
            Last edited by Betty3; 10-14-2011, 09:22 AM.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              She would get what the company offers - which is what MA requires.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Agree; IF the co. offers to ALL employees what Ma. offers no matter where
                they work. My understanding is they don't have to offer what Ma. offers if
                they work outside Ma. The law of the state where you work applies is my understanding. I don't know if the handbook says all employees
                regardless of where they work.

                Of course, if FMLA applies, she should take FMLA.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  I am guessing, but it is only a guess, that the company does not fall under FMLA. There is a wide range between the minimum for the MA benefit and the minimum for FMLA. I'm guessing that the poster's company falls somewhere in between, since the company policy is evidently for the smaller MA benefit and does not reference FMLA.

                  If I am right, then all of the company employees would be entitled to the 8 weeks, regardless of where they work. In our poster's case, though, it would not be because she is subject to MA law; she is not. MA does not care what happens to employees in PA. She would be entitled to it because that is the company policy.

                  Of course, if I am wrong and FMLA does apply, then she is entitled to the 12 weeks regardless of what state she lives in.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    I can go along with that. We both understand it the same way - if it's the
                    company's policy for all employees - does seem probably so. Very possible FMLA
                    does not apply - don't know for sure.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment

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