Category: FMLA

Can My FMLA Leave Be Extended?

By gavin, 21st August 2025

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. While this law offers critical protections, many workers wonder what happens when 12 weeks are not enough. Whether you are recovering from a serious health condition or caring for a loved one, understanding your options beyond the FMLA can help you make informed decisions and safeguard your employment rights.

What Are the Limits of FMLA Leave?

FMLA allows eligible employees to take up to 12 workweeks of leave within a 12-month period. This leave may be taken for qualifying reasons such as the birth or adoption of a child, the employee’s own serious health condition, or to care for a spouse, child, or parent with a serious health condition. However, once the 12-week period has been used, the law does not automatically provide for an extension.

This strict time limit often places employees in a difficult position when they are still unable to return to work after their FMLA leave expires. Employers are not legally required to extend the leave period or to hold an employee’s position beyond the 12-week threshold.

Some employers voluntarily provide extended leave beyond what is required by law. This may be outlined in an employee handbook, collective bargaining agreement, or company policy. If your employer offers such benefits, it is important to review the terms carefully and discuss your options with your human resources department. Keep in mind that any extension granted by an employer may not come with the same job protection as FMLA leave.

Exploring Alternatives When More Leave Is Needed

If your condition or situation requires more time than the 12 weeks permitted under the FMLA, several alternative routes may be available to request additional leave or protection. One option is to apply for leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). In some cases, a medical condition that limits a major life activity may qualify as a disability under the ADA. If so, and if additional leave would allow you to return to work in the foreseeable future, your employer may be required to provide that leave unless doing so would cause undue hardship to the business.

ADA leave is not automatic. Employees must engage in an interactive process with their employer and may need to provide medical documentation to support the request. Unlike FMLA, ADA does not provide a specific amount of time off, so the duration of leave is evaluated on a case-by-case basis.

Communicating with Your Employer About Your Leave Options

Clear communication with your employer is essential if you need more leave than the FMLA provides. As your FMLA leave approaches its end, notify your employer as early as possible if you anticipate being unable to return to work. Providing updated medical documentation and being transparent about your recovery or caregiving timeline can help maintain trust and facilitate a more collaborative discussion about next steps.

If you believe your condition may qualify as a disability under the ADA, consider submitting a formal request for accommodation. Your employer is obligated to consider the request and engage in a meaningful dialogue about potential accommodations, which may include extended leave, a flexible work schedule, or a temporary reassignment. Documenting all communications with your employer can help protect your rights if disputes arise later.

Unfortunately, not all employers are receptive to requests for extended leave, and some may improperly deny accommodations or retaliate against employees who assert their legal rights. If you encounter resistance or believe your employer is acting unlawfully, seeking legal advice is an important step. An employment law firm can evaluate your circumstances and help you understand your rights and potential remedies.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights

If you are unsure about your rights under the FMLA or need help navigating a request for extended leave, we can help. Speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. today. Contact us online or call us at 215-574-0600. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey, including South Jersey.

Exempt vs. Non-Exempt Employees: Why It Matters for Overtime

By gavin, 25th July 2025

In today’s workplace, understanding whether an employee is classified as exempt or non-exempt under the Fair Labor Standards Act (FLSA) isn’t mere legal jargon—it can significantly affect payroll, labor costs, and compliance. Nowhere is this more important than in Pennsylvania, where both federal and state overtime laws intertwine.

Misclassifying employees can lead to costly wage claims, back pay, and penalties. This article unpacks the key distinctions between exempt and non-exempt status, how Pennsylvania rules apply, and what employers and employees alike need to know.

What Is the Difference Between Exempt and Non-Exempt Employees?

At the heart of the matter is overtime eligibility. Non-exempt employees—typically hourly workers or salaried employees earning below a federal threshold—are entitled to overtime pay at one and a-half times their “regular rate” for any hours worked over 40 in a week under the FLSA. This applies regardless of whether they’re paid hourly or as a salary, as long as they fail to meet the exemption criteria.

Exempt employees, by contrast, meet specific criteria—typically being paid a salary above a set amount, on a salary basis, and performing qualifying job duties related to executive, administrative, professional, computer, or outside sales roles. These employees are not eligible for overtime under the FLSA.

How Does Pennsylvania Handle Overtime?

Pennsylvania mirrors the FLSA requirement: all covered non-exempt employees must receive overtime pay for hours worked beyond 40 per workweek. Pennsylvania employers must comply with both federal and state law, applying whichever provides the greater protection for the employee. While Pennsylvania generally follows the federal salary threshold for exemptions, the state has considered updates in recent years to expand overtime eligibility, particularly for salaried workers earning lower wages.

How Do Salary Basis and Job Duties Affect Exemption Status?

Being salaried alone does not automatically make an employee exempt. The salary basis test requires that an employee receive a fixed salary not subject to reduction based on the quality or quantity of work performed. The amount must meet or exceed the federal minimum salary threshold, which currently stands at $684 per week as of recent federal updates. Beyond salary, the job duties test is critical. For example, executive employees must regularly supervise at least two full-time employees, have authority over hiring and firing decisions, and primarily perform management tasks. Administrative employees must perform office work directly related to business operations and exercise discretion on significant matters. Professional employees typically require advanced knowledge in a specialized field acquired through extensive education or training.

Why Does the Classification Matter for Businesses?

Accurate classification impacts labor costs, compliance obligations, and potential legal exposure. Misclassifying a non-exempt worker as exempt can result in unpaid overtime claims, liability for back wages, interest, liquidated damages, and legal fees. Misclassification may also prompt audits by federal or state labor departments. Employers must thoroughly analyze each position, ensuring both salary and job duties meet exemption requirements. Businesses that fail to regularly review classifications risk financial consequences that can significantly disrupt operations.

What Are the Common Pitfalls Employers Face?

One common mistake is assuming all salaried employees are exempt. Another is failing to keep detailed time records for salaried non-exempt employees who remain entitled to overtime. Employers may also misclassify employees whose job duties have shifted over time but whose exemption status has not been reevaluated. Additionally, giving titles like “manager” or “supervisor” does not automatically make an employee exempt unless their actual duties align with exemption standards.

Can an Employee Challenge Their Classification?

Employees who believe they have been misclassified may file complaints with the U.S. Department of Labor or the Pennsylvania Department of Labor & Industry. Investigations often involve reviewing job descriptions, payroll records, and actual work performed. If violations are found, employers may be ordered to pay back wages for unpaid overtime, along with additional penalties. Employers should encourage open communication with employees who raise concerns about their pay classification and seek legal counsel to assess potential exposure.

What Steps Can Businesses Take to Stay Compliant?

Employers should conduct regular audits of all job positions, carefully reviewing both job duties and salaries. Written job descriptions should accurately reflect actual responsibilities. Payroll systems must be capable of tracking hours worked for non-exempt employees, even those on a salary. Training managers on overtime policies and ensuring proper documentation can also reduce the risk of misclassification.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Offer Legal Support to Businesses

Understanding the difference between exempt and non-exempt employees is critical for every organization. For companies facing classification challenges or seeking proactive guidance, the Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. will provide valuable legal support. Call 215-574-0600 or fill out our online form for an initial consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey, including South Jersey.

What Is the FMLA?

By formulaone, 26th June 2024

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help You Understand Your Workplace FMLA Rights

The Family and Medical Leave Act (FMLA) is a significant piece of legislation affecting many Pennsylvania workers. Understanding your rights under this law can ensure you receive the benefits and protections you are entitled to. This blog will provide an informative overview of the FMLA, focusing on its key provisions and how it may apply to you.

Eligibility Criteria

The FMLA provides eligible employees up to 12 weeks of annual unpaid, job-protected leave. This leave can be used for specific family and medical reasons.

To qualify for FMLA leave, you must work for a covered employer. Covered employers include private-sector employers with 50 or more employees, public agencies, and public or private elementary or secondary schools.

You must have worked for your employer for at least 12 months. During these 12 months, you must have completed at least 1,250 hours of service.

Reasons for FMLA Leave

FMLA leave can be taken for various reasons. These reasons include the birth of a child, adoption, or foster care placement. You can also take leave to care for a spouse, child, or parent with a severe health condition. If you have a serious health condition that makes you unable to perform your job, you are also eligible for FMLA leave.

The FMLA includes provisions for military families. Eligible employees can take up to 26 weeks of leave to care for a covered service member with a serious injury or illness.

Job Protection and Benefits

While on FMLA leave, your job is protected. Employers are required to maintain your health benefits during your leave. Upon returning, you must be restored to your original job or an equivalent position with similar pay, benefits, and other terms and conditions of employment.

It is important to notify your employer of your need for FMLA leave as soon as possible. This notification helps ensure that your leave is properly documented and that you receive the protections under the FMLA.

Employers have the right to request medical certification to support your leave request. They may also require periodic status updates and a fitness-for-duty certification upon your return to work.

Addressing Violations of FMLA Rights

If you feel your FMLA rights have been violated, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. Alternatively, you can pursue a private legal action for violations of the FMLA.

Retaliation against employees for taking FMLA leave is prohibited. If you face any adverse actions because you exercised your rights under the FMLA, you may have grounds for a retaliation claim.

Examples of FMLA Cases

To better understand how the FMLA is applied in real-life scenarios, consider the following examples:

Parental Leave: Jane, a full-time employee at a large marketing firm for over 18 months, applied for FMLA leave following the birth of her daughter. She provided the required notice and medical certification. Jane could take 12 weeks of unpaid leave to bond with her newborn, and upon her return, she was reinstated to her original position with the same salary and benefits.
Care for a Family Member: Maria, an employee at a manufacturing company with over 100 employees, needed to care for her elderly mother, who was recovering from major surgery. Maria had been with her employer for five years and applied for FMLA leave. After submitting the necessary medical certification, she was granted 12 weeks of unpaid leave. Maria used this time to provide her mother with the needed support and care and then returned to her job.

These examples highlight how the FMLA provides crucial support to employees dealing with significant life events, ensuring job security, and maintaining essential health benefits during their leave.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help You Understand Your Workplace FMLA Rights

Understanding the nuances of the FMLA can be challenging, but knowing your rights is crucial. Consulting with an experienced employment law attorney can help you navigate the complexities of the FMLA. Speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. about how we can help you. Contact us online or call us at 215-574-0600 to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey, including South Jersey.

Understanding the Family and Medical Leave Act (FMLA) and Your Rights

By formulaone, 30th May 2023

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Work Rights.

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family or medical reasons.

FMLA leave can be taken in various scenarios, including:

The birth of a child and bonding with the newborn within one year of birth.
The placement of a child for adoption or foster care and connecting with the child within one year of placement.
To care for a spouse, child, or parent with a severe health condition.
A serious health condition that prevents the employee from performing their job.
Any qualifying exigency arising out of a spouse, child, or parent being on covered active duty or called to covered active duty in the Armed Forces.

In addition, the FMLA provides eligible employees with up to 26 weeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness if the employee is the servicemember’s spouse, child, parent, or next of kin.

How Much FMLA Leave Is Available?

Eligible employees are entitled to up to 12 work weeks of FMLA leave in 12 months. To qualify, you must:

Work for a covered employer: private-sector employers with 50 or more employees, public agencies, and public or private elementary and secondary schools.
Have worked for the employer for at least 12 months (not necessarily consecutive).
Have worked at least 1,250 hours during the 12 months immediately preceding the start of the leave.
Work at a location where the employer has at least 50 employees within a 75-mile radius.

What Conditions Qualify for FMLA Leave?

A qualifying serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

Inpatient care in a hospital, hospice, or residential medical care facility.
Incapacity for more than three full, consecutive calendar days with continuing treatment by a health care provider.
Chronic conditions requiring periodic treatment by a health care provider, continuing over an extended period, and causing episodic incapacity.
Permanent or long-term conditions requiring supervision by a health care provider.
Conditions requiring multiple treatments by a health care provider for restorative surgery after an accident or other injury or for a condition that would likely result in incapacity of more than three consecutive days if left untreated.

How to Apply for FMLA Leave?

To request FMLA leave, you should follow these steps:

Notify your employer as soon as you know the need for leave. If the need is foreseeable, provide at least 30 days’ notice. If not, notify your employer as soon as possible (typically within one to two business days of learning about the need for leave).
Comply with your employer’s usual and customary notice and procedural requirements for requesting leave.
Provide sufficient information for your employer to determine whether the FMLA applies to the leave request, such as the anticipated timing and duration of the leave and relevant facts about the reason for the leave.
If requested, provide appropriate documentation, such as a certification from a health care provider, to support the need for leave.

Many federal laws protect your rights at work, including the FMLA. Understanding these laws is challenging, and if you think your rights have been violated, speak with an employment lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Work Rights

If your work rights have been violated, speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. to discuss your options. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

HUP Employee Fired While Recovering from Breast Cancer Treatment

By anthony, 3rd July 2019

The Hospital of the University of Pennsylvania has a reputation for being a leading breast cancer treatment center. When an anesthesiology technician who worked at the hospital was diagnosed with breast cancer, she knew that she was in good hands, and that she would receive excellent treatment, which she did. Unfortunately, while the employee was still undergoing chemotherapy and radiation, she was fired from her job, which caused her and her family significant financial hardship and stress.

A mammogram and biopsy confirmed the cancer after the plaintiff found a lump in her breast. Doctors performed a lumpectomy and checked to see if the cancer had spread into the lymph nodes, which it had. As a result, she had to undergo more aggressive treatment, including a mastectomy followed by 16 weeks of weekly chemotherapy, then six weeks of daily radiation. She was able to take a four-month medical leave under the federal Family and Medical Leave Act so that she could rest and recover from the side effects of treatment.

Plaintiff Fired After Second Request for Medical Leave

After the initial extension of her medical leave, her doctors requested a second extension due to the physical effects of the radiation, including burns, tight skin, and open wounds. The hospital’s Office of Disability Management replied to the request, saying that her department supervisor would determine whether accommodations should be made that would not impose an undue hardship. However, instead of receiving an accommodation, the plaintiff received a termination letter in the mail following a series of unpleasant phone conversations with a representative from the hospital’s personnel department.

According to the plaintiff, at no point did anyone at the hospital ever give any indication that her job was in jeopardy. She had to move in with her mother after exhausting her disability and unemployment benefits, and is now working as a classroom aide in a local school. She filed a lawsuit against the hospital and is seeking financial compensation for intentional infliction of emotional distress. The hospital has since filled her position, and the new hire’s start date was the same day the plaintiff would have returned to work if the second request for a leave of absence had been approved.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients with Employment Disputes

If your employment was unfairly terminated or your legal rights were compromised in any way, you are urged to contact the Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. We will conduct a thorough investigation into your case, and the circumstances surrounding your termination. If we determine that your legal rights were violated, we will seek the financial compensation you deserve. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are located in Philadelphia, where we serve clients throughout Southeastern Pennsylvania and New Jersey.

Court Rules in Favor of Temple University Hospital in FMLA Case

By anthony, 30th May 2019

Under the Family and Medical Leave Act (FMLA), an employer may not harass an employee if he or she needs to take time off to care for a family member. In the case of Hernandez v. Temple University Hospital, the plaintiff claimed that her supervisor violated the FMLA by harassing her for taking frequent days off from work to take care for her daughter, who suffered from asthma. However, regardless of the perceived hostility that the plaintiff felt from her supervisor, all of her requested days off were approved. Ultimately, the plaintiff’s employment was terminated when it was discovered that she violated Temple’s HIPAA policy.

The plaintiff worked as a medical secretary in the hospital’s cardiology department from July 2008 until September 2016. Over the course of her employment, she made numerous requests for time off, including a request for two to three absences per month of up to four hours per episode. Each of these requests were approved. In July 2016, she submitted another request involving more frequent time off in order to take her daughter to multiple medical appointments. While the request for leave was granted, the plaintiff claimed that her supervisor told her that she had to recertify her eligibility for FMLA leave.

The plaintiff went on to say that her supervisor harassed her and questioned the seriousness of her daughter’s illness. She also testified that her supervisor was hostile towards her and increased her workload every time she returned to work after taking leave. The plaintiff argued that her supervisor’s actions violated the FMLA by interfering with her attempt to exercise her rights. In addition, she claimed that her supervisor’s hostility caused her to suffer from extreme stress every time she needed to request time off.

All Requests for Leave Granted

Considering the plaintiff was able to take all the time off that she needed in order to care for her daughter, the Court found that she was unable to prove that she was denied benefits that she was entitled to under the FMLA. In order for the claim to be viable, the plaintiff needed to show that her FMLA rights were withheld, or that her employment was jeopardized by taking leave. The court ruled that the plaintiff did not satisfy the fifth prong of the interference analysis. As a result, she failed to make a prima facie showing of interference.

Ultimately, the plaintiff was terminated because she looked at the medical records of an OB-GYN patient, which is a violation of Temple’s HIPAA policy. The investigation did not involve the plaintiff’s supervisor, who is the only other person to have allegedly been hostile toward the plaintiff. Computer records proved that the plaintiff had, in fact, reviewed the patient’s records, which resulted in her termination.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Clients with Employment Disputes

If your legal rights have been compromised at work, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. will address all of your questions and concerns and seek the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are located in Philadelphia, where we serve clients throughout Southeastern Pennsylvania and New Jersey.

Former Manager Fails to Show That Her Former Employer’s Reasons for Termination Were Based on Any Discriminatory Motive

By anthony, 5th December 2018

The Superior Court of Pennsylvania in Ferraro v. Temple University held that Plaintiff failed to show that the legitimate reasons for employee’s termination were pretext for any discriminatory motive. 185 A.3d 396 (Pa. Super. 2018). Plaintiff worked as a manager of patient accounting and was fired at the age of sixty-two for violating another, much younger, employee’s FMLA rights and issuing the same employee an improper citation.

In order to succeed under a claim for age discrimination, Plaintiff had to establish: (1) she belonged to a protected class (at least 40 years old); (2) was qualified for the position; (3) was dismissed despite being qualified; and (4) suffered dismissal under circumstances giving rise to an inference of discrimination. Plaintiff argues that the younger employee was given preferential treatment and that she was terminated because of her age. The Court agreed that Plaintiff had established the four elements for age discrimination, but nonetheless ruled in favor of Temple because Plaintiff failed to establish that Temple had terminated her due to her age and not for any other legitimate reason such as her leaving work early to care for her young child. Plaintiff, although the trial court did not find Temple’s reasons credible, did not prove the termination was done in a discriminatory manner.

For more information, call our employment lawyers in Philadelphia at 215-574-0600 or contact us online. The legal team at the Law Offices of Sidkoff, Pincus & Green represents clients in Pennsylvania and New Jersey.

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