Massachusetts Family and Medical Leave Case Studies
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The landscape has changed in Massachusetts for family and medical leave since passage of the Paid Family Medical Leave Act. Even before that, however, many employees were entitled to job-protected (though unpaid) leave under the federal Family Medical Leave Act ("FMLA"). Understanding your rights under both of these laws is important in case you even need leave for your own illness, for the birth or adoption of a child, or to care for a family member with a serious health condition.
Below are a few of the many examples of people we have helped enforce their rights under the family and medical leave laws. The names and images are fictitious, but the stories are real. Every person's story is a little different, but there are lessons to be learned from people who have gone through similar situations. FMLA Leave for Family Health Issues
Lisa worked for a chemical supply company. After the sudden death of her husband, she had to take time off from work to provide for the ongoing medical care of herself and her children. This care included existing medical conditions, but also the severe anxiety her youngest two children suffered after the death of their father.
In each instance when Lisa missed work because of the medical care she or her children required she provided notification in advance to her supervisor, describing the hours or days she would miss and the medical reason for her absence. She also followed up each appointment by providing supporting documentation from the medical professionals overseeing the care. In mid-2020, Lisa was told she would not be receiving an annual raise because she "missed too much work." Two months later she was terminated for "taking too much time off." Read more here. Retaliation for Taking Pregnancy Leave
Julie worked as an outside sales representative for a print supply company in Massachusetts. When she interviewed for the job, she was pregnant, but not far enough along to disclose her pregnancy.
After she started working, she was told by her manager that the outside sales representative job was not suitable for women with children. After she disclosed her pregnancy, she was told that it was "not sitting well" with the owner that she had taken the job while pregnant. While she was in the hospital after the birth of her child, her manager called her and asked her if she wanted to give up her position for a desk job, stating that “being on the road was not conducive to having a family.” She declined this offer. After returning from a very brief leave, she had to miss a few days of work when her child was sick. Shortly thereafter, she was placed on a performance improvement plan and then terminated. Read more here. Retaliation for Taking Paid Family Leave for Extreme Anxiety
Anne worked for a large Boston hospital for many years. During the pandemic, she was subjected to repeated pressure and harassment by a supervisor, and began to develop symptoms of extreme anxiety, including panic attacks.
She took leave under the Massachusetts Paid Family Medical Leave Act ("PFMLA"), and provided all of the necessary documentation to her employer. During her leave, she was told that her supervisor wanted to post the position, and received copies of emails from co-workers showing that they were already being told she was no longer with the program. Read more here. Retaliation for Taking Paid Family Leave for Mental Health Crisis
Larry worked in maintenance at a Massachusetts college. He had worked for the college on and off for many years, with a positive employment record.
He struggled with depression, and at one point was put on a new anti-depressant medication. As a result of complications associated with the medication, he had an acute and severe episode and attempted suicide. Following this, Larry took leave under the FMLA to address both his physical and psychological injuries. Shortly after he informed the college that he was ready to return to work, and provided all of the required documentation from his providers, he was told that they had conducted an "investigation" into his record prior to the leave and were terminating his employment. Read more here. Retaliation for Taking FMLA Leave for Fibromyalgia
Carla worked as a Director of Nursing for a Massachusetts health care company. She suffered from fibromyalgia, a condition which worsened rapidly after her supervisor changed the location of her work and hours of work. Under the new schedule, due to the commute, she was required to be either commuting or at work for up to 14 hours a day.
This caused her condition to decline to the point that she had to take medical leave under the federal Family Medical Leave Act ("FMLA"). While on leave, she was asked to sign a performance improvement plan, and informed that her salary was being reduced. When she returned to work after her leave, she was immediately terminated. Read more here. |
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We have years of experience representing people with claims arising under Massachusetts and federal family medical leave laws, and we would be happy to help you. 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.
