Massachusetts and federal law provide employees the right to take leaves of absence for a number of reasons, including for an employee's own health condition, the health condition of a family member, to give birth or bond with a new child, and for circumstances related to domestic violence. If you believe that your employer has denied your right to take protected leave, or has retaliated against you for taking protected leave, contact Brandon for a free consultation regarding your legal rights and options.
Family and Medical Leave
The federal Family and Medical Leave Act (FMLA) requires most employers with more than 50 employees to allow up to 12 weeks of unpaid leave to care for one's own serious health condition, the serious health condition of a family member, or to give birth or bond with a new child. Massachusetts law provides most employees with 20 weeks of paid medical leave and 12 weeks of paid family leave.
Employers who refuse to provide required family and medical leave, or who retaliate against an employee for taking FMLA leave, can be held liable for up to three times the employee's lost pay, interest, and attorneys' fees.
earned sick time
Massachusetts employees are entitled to one hour of sick time for every 30 hours worked, up to a maximum of 40 sick time hours in a year. Employers with 11 or more employees must pay their employees for this sick time.
Sick time may also be used to address the medical, emotional, and legal effects of domestic violence.
Employees can use earned sick time after only 90 days of employment. Medical documentation can only be requested in certain circumstances, and the employee may never be required to disclose the nature of the medical illness or domestic violence requiring the need for sick time.
Employers who fail to comply with Massachusetts's earned sick time requirements are liable for up to three times an employee's lost wages in addition to attorneys' fees.
Parental Leave and Accomodations
Massachusetts employers must provide employees with eight weeks of parental leave (or 16 weeks in the case of twins). The law applies to employers with 6 or more employees, and an employee must have at least 3 months of service to be eligible.
Massachusetts law also requires that employers provide a number of accommodations for conditions related to pregnancy, such as private space and breaks to express milk, more frequent breaks, seating, lifting restrictions, and leaves of absence, provided they do not pose an undue hardship.