Employee’s Rights Under the PFMLA

In Massachusetts, the PFMLA provides employees with the right to take paid leave for specific family or medical reasons. These reasons include caring for a family member with a serious health condition, recovering from one’s own serious health condition, or bonding with a new child, among others.

Employees have the right to:

• Take up to 20 weeks of paid leave to care their own serious health condition.
• Take up to 12 weeks of paid leave to care for a family member with a serious health condition.
• Take up to 12 weeks of paid leave for bonding with a newborn, adopted, or foster child.
• Take a combined total of 26 weeks to care for their own serious health condition, the serious health condition of a family member, and/or to bond with a newborn, adopted, or foster child.
• Job protection and continuation of benefits while on leave.
• Job reinstatement after returning from PFMLA leave, to the same or an equivalent position.
• Protection against discrimination or retaliation for taking PFMLA leave.

When Employer Interferes with PFMLA Rights:

Employers are prohibited from interfering with an employee’s rights under the PFMLA. This includes denying or delaying leave requests, making it difficult for employees to apply for leave, or failing to notify them of their rights.

Interference can occur when:

• The employer denies an employee’s request for PFMLA leave without a valid reason.
• The employer fails to provide required notices or information about PFMLA rights.
• The employer does not keep the employee’s leave confidential, violating privacy protections.

If an employer interferes with an employee’s PFMLA rights, the employee may file a complaint with the Massachusetts Department of Family and Medical Leave or pursue legal action against the employer.

When Employer Retaliates Against Employee for Exercising PFMLA Rights:

Retaliation under the PFMLA is unlawful. Employers cannot take adverse actions against an employee for using or requesting PFMLA leave, such as firing, demoting, or disciplining the employee for taking leave. Any adverse action taken against an employee by an employer while the employee is on leave or within six months of an employee returning from leave or engaging in activity that is protected under the PFMLA is presumed to be retaliatory under the Act. 

Retaliation might include:

• Terminating an employee after they request PFMLA leave.
• Reducing an employee’s hours or benefits after taking PFMLA leave.
• Creating a hostile work environment to discourage future use of PFMLA benefits.

Employees who believe they are being retaliated against can seek legal counsel to protect their rights, file complaints, or pursue remedies available under the law.

If you believe your PFMLA rights have been violated, don’t hesitate to reach out for legal support to safeguard your well-being and your job.