FMLA in Massachusetts
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Can an employer terminate an employee who has been out on FMLA for 18 weeks in the state of Massachusetts?
Yes. Massachusetts has no significant family leave law at the state level, so the relevant law is the federal Family and Medical Leave Act of 1993, or the FMLA.
The FMLA entitles an employee to up to 12 weeks of unpaid, job protected leave in a 12-month for a variety of reasons, including baby bonding and the employees serious health condition. There is no protection under this law for an employee who fails to return to work after the 12 weeks are up. The employer would normally inform the worker by registered letter that if she does not return to work by a certain date, she will be terminated.
In a few cases, an employee may meet the strict EEOC definition for a disability. In some cases, disabled employees are entitled to additional time off, as long as they are completing the essential functions of their job.
Tags: FMLA, laid off, terminated
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November 1st, 2008 at 8:25 am
[…] FMLA in Massachusetts By Stephen Massachusetts has no significant family leave law at the state level, so the relevant law is the federal Family and Medical Leave Act of 1993, or the FMLA. The FMLA entitles an employee to up to 12 weeks of unpaid, job protected leave … Human Resource Blog - http://www.humanresourceblog.com/ […]