Family Medical Leave Act Violations

Your Medical Leave Rights

Employees in Massachusetts who are eligible may take up to 12 weeks of leave for serious health conditions, bonding with a new child, or preparation for a family member’s military service; more leave is available for employees who need to care for a family member who was seriously injured on active military duty.

Massachusetts employers are subject to the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.

Employees are eligible for FMLA leave if:

  • They have worked for the company for at least a year
  • They worked at least 1,250 hours during the previous year, and
  • They work at a location with at least 50 employees within a 75-mile radius

FMLA leave is available if an employee needs time off to:

  • Recuperate from a serious health condition
  • Care for a family member with a serious health condition
  • Bond with a new child
  • Handle qualifying exigencies arising out of a family member’s military service, or
  • Care for a family member who suffered a serious injury during active duty in the military

Massachusetts employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave is available every 12 months, as long as the employee continues to meet the eligibility requirements explained above. An employer cannot retaliate against an employee who takes FMLA leave, and must hold the employee’s position for the duration of that they are out of work on FMLA leave.

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