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

  1. To care for an employee’s own serious medical condition
  2. To care for the serious medical condition of family members
  3. The birth or care of a newborn child of the employee
  4. 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 1-877-525-0700.

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 1-877-525-0700