FMLA Lawyers that Get Results

From the birth or adoption of a child, to medical emergencies and unexpected diagnoses, life throws us a lot of curveballs. During these stressful times, caring for and protecting your family is of the utmost importance and you shouldn’t have to worry about losing your job while doing it. The Family Medical Leave Act (FMLA) is a federal law that entitles you to take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons.

In addition, beginning in 2021, all Massachuestts employees become eligible for the state specific Paid Family Medical Leave Act (PFMLA).  PFMLA is a state statute that mirrors the FMLA federal statute but provides employees greater benefits and protections than the FMLA.  For example, under the PFMLA employees will be entitled to up to 20 weeks of protected leave in order to treat their own serious health condition.  The PFMLA also provides compensation for employees during periods of protected leave and provides employees with even greater protections than the FMLA from retaliation and discrimiantion for taking the leave.  PFMLA and FMLA are designed to complement and to run concurrently with one another.

Unfortunately, not all employers follow the law correctly, so it’s crucial to understand your rights and protections. If you believe you may qualify for FMLA but are experiencing resistance from your employer or believe that you are a victim of FMLA discrimination, harassment or retaliation, an experienced FMLA attorney like {law firm name} can help.

Do I qualify for the Family Medical Leave Act?

Not every employee is entitled to protected leave under the Federal FMLA.  Generally, employees are eligible for FMLA leave in order to address their own serious health condition, to care for a spouse, parent, or child with a serious health condition, for the birth or adoption of a child, or to care for a family member who is in the military.

In addition, employees are only entitled to FMLA protections if they work for a “covered employer.”  For example, a private company must have at least 50 employees within a 75-mile radius to be considered a covered employer. However, the Family Medical Leave Act applies to all government employers (federal, state, and local entities), regardless of number of employees.

Employees also must have worked for a covered employer for at least 12 months and have worked at least 1,250 hours in the 12 month time (the 12 months do not need to be consecutive) preceding their leave in order to be eligible for FMLA leave.

Do I qualify for Massachusetts Paid Family Medical Leave?

Beginning in June 2021, all employees in Massachusetts will become eligible for PFMLA benefits and protections.  PFMLA protections are afforded to all Massachusetts employees regardless of the size of their employer or length of service with their employer .

What are my protections and benefits?

During your FMLA leave, employers are required to maintain your current health coverage and benefits as usual. Employers are also required to continue the same coverage and benefits once you return.  During PFMLA leave, you are also entitled to paid leave during any period of absence.  To calculate the amount of paid benefits, you can use this calculator:   https://calculator.digital.mass.gov/pfml/yourbenefits/

Upon returning from PFMLA or FMLA leave, you a