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Can I Terminate an Under-Performing Employee Who Takes Leave?

The Massachusetts Paid Family Medical Leave Act ("PFMLA") strictly prohibits retaliation for an employee taking leave.  It also creates a presumption that if someone is terminated within six months of returning from leave, the termination was retaliatory.

A presumption, however is subject to rebuttal.  For example, if you have documentation of performance problems before the leave that did not improve after a return from leave, you may be able to rebut the presumption.

It is also important to understand what retaliation means- it means an action that was motivated by the fact that the employee took the leave.  This should mean that pre-existing performance or attitude problems could justify termination within the six month period.  The important question is how much evidence you have to show that the concerns pre-dated the leave.

If you have an employee you were considering terminating who then took a leave, it is a good idea to talk to an employment lawyer about your next steps in the situation.


Learn more here about the Massachusetts Paid Family Leave Law.

Need Help With Family Medical Leave Question?

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  • Home
  • About
    • Slnlaw Offices
    • Fees and Payment
    • Privacy Policy
    • Publications and Interviews
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Reviews
  • Contact
  • Blog
  • Employment Law Solutions
    • Employment Law MA
    • Discrimination in the Workplace
    • Employment Termination
    • 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
    • Equal Pay Act
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • 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
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Massachusettts Unemployment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs