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What Are My Rights if I Need Family or Medical Leave?

Family and medical leave is governed by both federal and Massachusetts law.  Under the federal FMLA, you are entitled to 12 weeks of job-protected leave to take care of your own serious health condition or that of an immediate family member.

The FMLA, however, only applies to employers with more than 50 employees.  You also need to have worked for that employer for a specific number of hours (in most cases a little under a year) to be eligible.

The new Massachusetts Paid Family Medical Leave Act (PFMLA) provides much broader protection for employees.  It applies to employers of all sizes, first.  Second, though you need to have earned a certain amount from employment before applying, it does not have to be with the same employer.

Most important, because as an employee you have been making contributions into the fund through payroll deductions, you can receive partial payment from the state for your time on leave.

Here are some other things you should know:

• Your employer is not allowed to retaliate against you for taking leave, either under the FMLA or the PFMLA.
  
• Your employer cannot require you to use vacation time to cover Massachusetts PFLMA time.
• In some situations, you may be entitled to longer than 12 weeks of job-protected leave under the PFMLA.

Learn more here about paid family leave in Massachusetts.

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