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What Should I Do if an Employee Requests Family or Medical Leave?

It is important to handle any employee request for leave, or related in any way to family or medical issues, properly.  In the case of PFML, it is not the employer but the state that determines eligibility.

As an employer, however, you are obligated to inform the employee about the availability of leave under state law and provide information about how to apply.

You should also have an honest and respectful conversation about what kind of leave the employee needs.  They may, for example, only need or want intermittent leave- certain days off during the week, or reduced hours during the day.  This may help you in planning for coverage during the leave, and help them stay connected to the workplace in the interim.

It is also never to early to start thinking about their re-entry after a leave.  You are required to hold either their job or a comparable job open for them during the allowed periods of leave.  You are also not allowed to terminate them on their return if it is because they took leave.  For this reason, if there were performance issues or other problems that existed before the leave, you should make sure those are documented, and when the employee returns make sure expectations are clearly communicated.


Learn more here about the Massachusetts Paid Family Leave Law.

Need Help With Family Medical Leave Question?

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  • Home
  • About
    • Slnlaw Offices
    • Fees and Payment
    • Privacy Policy
    • Publications and Interviews
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Reviews
  • Contact
  • Blog
  • Employment Law Solutions
    • Employment Law MA
    • Discrimination in the Workplace
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Massachusettts Unemployment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs