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What are Family and Medical Leave Rights?

All employees in Massachusetts, and some independent contractors, now have rights to partially paid, job-protected leave qualifying reasons.  These rights overlap with the prior rights of some employees for unpaid, but still job-protected, leave under the federal Family Medical Leave Act ("FMLA").  In brief:

Unpaid FMLA leave allows you up to 12 weeks for your own serious health condition or to help an immediate family member with a serious health condition, if (i) your employer has 50 or more employees; and (ii) you have worked for that employer for a minimum amount of time (in most circumstances, about a year).

Massachusetts PFMLA leave allows you varying amounts of leave for different circumstances: 12 weeks for helping a family member, 20 weeks for your own serious health condition, and 26 weeks to care for a family member in active duty military service.  This leave is available to all employees, regardless of the size of the employer, so long as you have earned at least $5,700 over the prior 4 calendar quarters, and earned at least 30 times the benefit amount you are seeking.

If you are eligible for both, you still have only the one leave period.  In other words, if you are entitled to 12 weeks under PFMLA, you can't take an additional 12 weeks under FMLA.

Both the FMLA and the PFMLA prohibit retaliation against you for requesting or taking leave.


Learn more here about the Massachusetts Paid Family Leave Law.

Need Help With Family Medical Leave Question?

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • 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
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • 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
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog