Does an Employer Have to Provide Leave Beyond the Time in the PFMLA?
Legal Options if an Employee Needs Leave Beyond the PFMLA Time PeriodNeither the Massachusetts PFMLA nor the federal FMLA requires an employer to provide leave beyond the weeks provided in the two statutes.
However, employers should also be mindful of the disability laws. An employee may need leave beyond that provided under the PFMLA, and if the reason they need more time is that their underlying condition qualifies as a disability, you likely will be required to at least consider whether extending their leave is a reasonable accommodation required under disability discrimination law. Whether you are required to make an accommodation is a question you should discuss with an employment lawyer, but you should know it could be risky to reject the question out of hand if the employee's underlying condition qualifies as a disability. Learn more here about disability discrimination. |
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