Family Medical Leave Act Lawyer
In Massachusetts, as elsewhere under Federal Employment Law, the Family Medical Leave Act (FMLA) allows qualifying employees to take a leave of absence from work.
What Does the Family Medical Leave Act Cover?
The Family Medical Leave Act covers leaves of absence from work
- To care for an employee's own serious medical condition
- To care for the serious medical condition of family members
- The birth or care of a newborn child of the employee
- The placement of a son or daughter for adoption or foster care
How Long of an Absence Does the Family Medical Leave Act cover?
Employees may take up to twelve weeks of leave during a one year period. The Family Medical Leave can be taken all at once or intermittently. Amongst other things, intermittent FMLA Leave can be used to go to medical appointments, or recuperate. Intermittent Family Medical Leave can include missing only a few hours in a work day to missing entire days. Sometimes employees get cleared by their doctors and employees for ongoing intermittent Family Medical Leave if they have a medical condition that might require their absence from work on a periodic and sometimes unpredictable basis.
How to go about taking a medical leave of absence from your particular employer is beyond the scope of this article. Our general legal advice is to:
- Review your employer's employee handbook
- Review any leave of absence policies your employer might have
- Make inquires to your employer how to go about taking a leave of absence
- Consider both with yourself and your employer what leave of absence policies may apply such as cancer leave policies, disability leave policies, and pregnancy leave policies. Employers often mistakenly believe only one leave of absence policy applies such as the Family Medical Leave Act.
Can I be Fired at the End of a Family Medical Leave?
Employers are supposed to return employees to comparable job positions when they return from a Family Medical Leave. If the employer fails to return the employee to a comparable position, or otherwise retaliates against the employee including firing them they should contact an experienced labor lawyer at (877) 525-0700.
There are multiple laws regarding employee leaves of absence. It is best to consult with a Massachusetts labor lawyer regarding terminations of employment following leaves of absence. Labor attorney, Karl Gerber, can advise you which leave of absence rights your employer should have applied to your particular leave of absence.
Representing employees in Adams, Athol, Boston, Brockton, Cambridge, Chelsa, Chicopee, Erving, Everett, Fall River, Fitchburg, Gosnold, Hollyoke, Lawrence, Lowell, Monterey, New Bedford, Newton, Lynn, Orange, Rowe, Quincy, South Boston, Southbridge, Springfield, Worcester, and the rest of Massachusetts.
Speak to a Leave of Absence Lawyer at (877) 525-0700
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All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving Massachusetts County
We have proudly served all of Massachusetts County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
Media Engagements
Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
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