Family and Medical Leave Act (FMLA) Lawyer in Boston

In Boston, life events such as medical emergencies, health conditions needing treatment or recovery, and the birth or adoption of children are common occurrences in many households. Additionally, active duty assignments for armed forces members often create urgent situations within families. The Family Medical Leave Act (FMLA) is a federal law designed to allow employees to take time off work without losing their jobs or benefits during these events.

Understanding whether the FMLA applies to you and your employer and if your specific situation qualifies you for its rights and benefits can be complex and requires careful consideration. Swartz Law in Boston has an experienced FMLA attorney ready to guide you through the intricacies of the FMLA process.

Who Is Entitled to FMLA Coverage?

The FMLA safeguards only ‘eligible’ employees working for ‘covered’ employers. An employer is considered ‘covered’ and must adhere to the FMLA if the company employs at least 50 people within a 75-mile radius. To be ‘eligible’, an employee must have worked for the employer for at least 12 months and completed at least 1,250 hours in the year preceding the leave. Importantly, these 12 months of employment do not have to be consecutive.

However, many employees at small Boston companies, part-time workers, or those recently hired may find themselves unprotected by this law. If you belong to this group, other state or federal regulations might be applicable to your circumstances.

FMLA Qualifying Circumstances

The FMLA provides ‘eligible’ employees time off from work for:

1. An employee’s own serious health condition
2. To care for an employee’s family member with a serious health condition
3. The birth or adoption of a child
4. A ‘qualifying exigency’ arising from a family member who is in the military

Time Off Provided

Typically, employees are eligible for up to 12 weeks of leave within a 12-month period. However, if an employee qualifies for servicemember FMLA leave, they may be eligible for up to 26 weeks of leave. This leave can be taken all at once or intermittently, which means it can be used in portions of a week, a day, or even an hour.

If you are unable to return to work after using all your FMLA leave, your employer may have the right to terminate your employment. Nonetheless, you might qualify for an extension of leave as a reasonable accommodation under other state and federal laws, like the Americans with Disabilities Act (ADA).

Job and Benefits Protection

The FMLA does not obligate employers to compensate you during FMLA leave. However, if you have accrued paid leave, such as vacation or sick days, you can use this during your FMLA leave if you choose. Additionally, employers might, in certain situations, require you to use your accrued leave during your absence.

When you take FMLA leave, you have the right to return to your original job or an ‘equivalent’ position afterward. However, this right isn’t unconditional. For instance, you aren’t protected from legitimate layoffs. Furthermore, if you cannot perform your job’s essential duties at the end of your leave, the employer isn’t required to reinstate you. In such cases, you might qualify for extended leave or job reinstatement with reasonable accommodations under other state and federal laws. These matters are complex and fact-specific, so consulting an attorney before assuming any protections is advisable.

Employers must maintain group health benefits during your FMLA leave but aren’t required to allow the accrual of seniority and other benefits. However, they must provide you with the same benefits at the same levels that were in place when your leave began.

How to Ask for FMLA Leave

Understand your rights and entitlements to effectively request FMLA leave. Employers might overlook your needs or eligibility, potentially leading to unfair job actions or even termination without valid reasons.

If you face adverse job actions and believe you qualify for FMLA leave and its benefits, remember that you don’t need to explicitly state, “I need an FMLA leave.” You just need to provide your employer with enough information about your need for time off so they recognize that you may qualify for FMLA leave. In such cases, it’s the employer’s duty to inform you of your FMLA eligibility. If you suspect your employer should have notified you about your eligibility, consider consulting an attorney to explore possible options.

Employee Obligations Under the FMLA

Employees have responsibilities under the FMLA as well. For instance, if your need for FMLA leave is predictable, you must give your employer advance notice. Additionally, your employer may require periodic check-ins and medical certification. It’s important to discuss your responsibilities with your employer before, during, and after your leave to ensure you are not wrongly denied FMLA rights and benefits.