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. Family Medical Leave Law SolutionCarla's leave was before the Massachusetts Paid Family Medical Leave Act went into effect, but she was covered by the federal FMLA, as well as by state and federal anti-discrimination laws.
We reviewed Anne's file and situation and drafted a demand letter to the employer. When attempts to resolve the matter privately failed, we then filed in the Massachusetts Commission Against Discrimination ("MCAD"), at which point we were able to reach a settlement for Carla without needing to continue the litigation process. PostscriptIf you are in a similar situation, remember that you are now protected by multiple laws, including the Massachusetts Paid Family Medical Leave Act, the FMLA if your employer is large enough, and state and federal anti-discrimination laws. An experienced attorney can help you assess whether you have legal claims, and help you enforce your rights if you do.
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