Boston Family and Medical Leave Act (FMLA) Lawyer
Rudolph Friedmann LLP practices employment law, offering comprehensive assistance to both employees and employers navigating challenges under the Family and Medical Leave Act (“FMLA”). If you are an employee facing denial of essential leave for personal or family care due to illness or childbirth, or if you’ve encountered retaliation for exercising your FMLA rights, our team of Boston FMLA lawyers stands ready to provide professional support.
The FMLA grants qualifying employees the right to take unpaid, job-protected leave for specific family or medical reasons. This legislation ensures the continuation of group health benefits during the leave and guarantees employees the right to return to the same or an equivalent position after their FMLA leave.
For employers, understanding and complying with FMLA regulations is crucial. The law applies to covered employers, including public agencies and private sector employers with 50 or more employees within 75 miles of the job site for at least 20 work weeks in the current or preceding calendar year. Compliance involves accommodating eligible employees’ leave requests and facilitating a smooth return to work following FMLA leave.
How Does FMLA Work in Boston?
The Family and Medical Leave Act (FMLA) is a federal law that applies across the United States, including in Boston and the state of Massachusetts. However, Massachusetts has its own family and medical leave program, known as the Massachusetts Paid Family and Medical Leave (PFML) law. Massachusetts’ PFML provides additional benefits beyond what is offered by the federal FMLA.
Federal FMLA in Boston
Eligibility: Employees are generally eligible for FMLA leave if they work for a covered employer, have worked for the employer for at least 12 months, and have worked at least 1,250 hours in the past 12 months and work at a location where the employer has at least 50 employees within 75 miles.
Leave Entitlement: Eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period (except military caregiver leave which is longer) for qualifying reasons such as the birth or adoption of a child, the serious health condition of the employee or their immediate family member, or certain military-related reasons.
Massachusetts PFML
Eligibility: The Massachusetts PFML law provides benefits to most workers in Massachusetts, regardless of the size of their employer. The PFML law covers most Massachusetts employees who have met the minimum earnings requirement during the last 4 completed calendar quarters.
Leave Entitlement: The program offers eligible employees up to 20 weeks of job-protected paid leave for their own serious health condition, 12 weeks for the birth or adoption of a child or for caring for a family member with a serious health condition, and up to 26 weeks for certain military-related events.
Coordination of FMLA and PFML
Massachusetts employees can require employees to use federal FMLA and state PFML concurrently, with the federal FMLA running concurrently with the state leave. This means that the total leave taken will be counted against both the federal and state entitlements.
Employer Obligations
Covered employers are required to comply with both federal FMLA and Massachusetts PFML regulations. This includes providing eligible employees with the necessary information about their rights and benefits under both programs.
It’s important for both employees and employers in Boston to be aware of the specific provisions of both federal FMLA and Massachusetts PFML to ensure compliance with leave entitlements and benefits. Additionally, as changes in laws and regulations may occur, it’s recommended to seek guidance from the FMLA attorneys at Rudolph Friedmann LLP who can assist you with obtaining the most up-to-date information.
How Employers and Employees Can Navigate FMLA Rights
FMLA serves as a crucial tool for employees nationwide to strike a balance between family responsibilities and work commitments. Unfortunately, there are instances where employers may inadvertently or deliberately disregard the provisions of this law. Below are some common FMLA violations that both employees and employers should be aware of:
Eligibility Issues
For Employers: Some employers may misinterpret FMLA, intentionally denying coverage to eligible employees. This may involve failing to recognize qualifying health conditions or disciplining employees for absences without considering FMLA-qualified protections.
For Employees: Employees need to be vigilant about their eligibility for FMLA benefits. Some employers might mistakenly deny coverage, leading to potential issues when seeking leave for qualifying reasons. It’s crucial for employees to be aware of their FMLA rights, ensuring they receive the entitlements they deserve for eligible health conditions or family-related matters.
Notice and Certification Issues
For Employers: Violations can occur when employers demand notice beyond FMLA requirements, neglect to inform eligible employees of their rights, or overlook employee leave notices, even if FMLA is not explicitly invoked.
For Employees: Employees must be proactive in providing the required notice when seeking FMLA leave. Some employers may inadvertently overlook employee leave notices, potentially causing delays or complications in the approval process. It’s essential for employees to communicate their leave intentions clearly and adhere to FMLA notice requirements.
Reinstating Issues
For Employers: Upon returning from leave, employees should be reinstated to their previous position or an equivalent role. Violations may include reinstating employees to a different position with varying terms and conditions of employment, delaying reinstatement, or failing to reinstate benefits.
For Employees: Employees returning from FMLA or PFML leave should be vigilant about their reinstatement rights. Some employers may unintentionally violate these rights by reinstating employees to a non-equivalent position, causing delays, or failing to reinstate benefits promptly. Employees must be proactive in ensuring their proper reinstatement.
Navigating FMLA rights requires a clear understanding of the law’s provisions by both employees and employers. Employees should be aware of their entitlements and promptly communicate their leave needs, while employers must ensure compliance with FMLA regulations to avoid unintended violations. For legal guidance on FMLA matters, consult with the experienced FMLA lawyers at Rudolph Friedmann LLP.
Contact Our Boston FMLA Attorneys
Whether you are an employee seeking rightful treatment and compensation or an employer aiming for compliance, contact Rudolph Friedmann LLP today to schedule a consultation and discuss the specifics of your case, ensuring your rights and obligations are handled with precision and expertise.
To speak with an experienced FMLA attorney call Managing Partner Jim Rudolph at 617.723.7700 or contact us online.