Massachusetts Law: Employee Illness and Disability
Coping with Illness and Disability in the Massachusetts WorkplaceNavigating employee illness and disability can be challenging for both employees and employers in Massachusetts. While employees cope with the effects of illness or disability, employers may face the hardship of running their business without a key employee. Understanding the legal aspects of these situations is crucial.
Federal and State Protections: Federal laws such as the Family and Medical Leave Act (FMLA) provide job-protected leave for eligible employees facing serious health conditions, helping immediate family members with similar conditions, or dealing with childbirth or adoption. Additionally, Massachusetts has implemented a paid family and medical leave law since January 1, 2021. Both federal and state laws also protect individuals with disabilities from employment discrimination. These laws apply to actual long-term disabilities as well as situations where an employee is perceived to have a disability, leading to wrongful termination. Massachusetts state law further protects employees taking time off for short-term health issues under the Earned Sick Time Law. Defining DisabilityUnder the Americans with Disabilities Act (ADA), individuals with disabilities are protected from discrimination. To qualify, a person must have a physical or mental impairment substantially limiting major life activities. This impairment should be permanent or long-term to be considered "substantially limiting."
Short-term illnesses or injuries may not qualify under the ADA but can be covered by the FMLA or Massachusetts Earned Sick Time Law. Disability Discrimination and Reasonable AccommodationsDisability is a "protected class" under state and federal anti-discrimination laws. Employers are obligated to provide "reasonable accommodations" to disabled employees, allowing them to perform essential job functions with support. Employees who can fulfill their job's essential requirements cannot be fired due to disability, nor can they be terminated based on a perceived disability.
Addressing disability during job applications is important. Employers may inquire about disabilities, but this information should not affect hiring decisions. Discussions about accommodations can be postponed until after a job offer. |
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The Federal Family and Medical Leave Act (FMLA)
The FMLA mandates certain employers to offer up to 12 weeks of job-protected leave. This leave covers employees with serious health conditions, those assisting family members with such conditions, or parents dealing with childbirth or adoption. Employers with 50 or more employees within a 75-mile radius must comply with the FMLA, and eligible employees must have completed one year of service with at least 1250 hours in the past 12 months. FMLA leave may be unpaid, though short-term disability insurance or accrued sick and vacation time may provide partial compensation.
Intermittent FMLA leave allows eligible employees to take periodic time off, not exceeding 12 weeks in total.
Intermittent FMLA leave allows eligible employees to take periodic time off, not exceeding 12 weeks in total.
Massachusetts Paid FMLA Law (PFML)
Massachusetts introduced paid family and medical leave in 2021, allowing employees to take up to 20 weeks of job-protected leave, including paid family leave. Payment is calculated based on a percentage of regular pay, capped at $850 per week. Payments come from employee paycheck deductions and contributions from larger employers.
The Massachusetts Earned Sick Time Law
Effective since July 2015, the Massachusetts Earned Sick Time Law requires all employees, including part-time and temporary workers, to accrue sick time. Employers with 11 or more employees must provide paid sick time. Sick time accrues at a rate of one hour for every 30 hours worked, with a maximum of 40 hours earned after 1,200 hours worked. Sick time can be used for various reasons, including employee illness, medical appointments, and caregiving responsibilities.
Employers can request a doctor's note after two consecutive sick days but cannot terminate or discipline employees for using earned sick time.
Employers can request a doctor's note after two consecutive sick days but cannot terminate or discipline employees for using earned sick time.
Workplace Injuries
Employees injured on the job are entitled to workers' compensation benefits in Massachusetts, which cover medical expenses and 60% of their income until they can return to work. Employers typically rely on their insurance companies to manage claims. Importantly, retaliation against employees for filing workers' compensation claims is prohibited, and discrimination based on impairments resulting from workplace injuries is also unlawful.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
We can help you navigate these issues and get clarity on your rights and obligations in the face of a medical condition, disability, or personal or family health care needs that have impacted you in your job. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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