Employee Illness and Disability in Massachusetts
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. |
Need Help with a Disability Issue?OR
|
Wondering What Your Rights Are if You Are Dealing With an Illness or Disability at Work?
Our Solutions Roadmap is a quick and easy way to share the details of what you are facing and receive preliminary feedback from a member of our team. Use the button below to get started- it is 100% confidential and 100% free.
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.
How Our Employment Lawyers 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.
|
|
|
