What are the requirements for providing family or medical leave?
Employers in Massachusetts must provide employees with family or medical leave rights in accordance with the Massachusetts Parental Leave Act (PMLA). The PMLA requires employers to provide employees with 12 weeks of unpaid leave within a 12-month period for certain reasons, such as the birth or adoption of a child, to care for a family member with a serious health condition, or for the employee’s own serious health condition. In order to be eligible for leave, an employee must have worked for the employer for at least 12 consecutive months and at least 1,250 hours during the 12-month period prior to taking leave. The employee must also give the employer at least 30 days’ notice, if possible, before taking leave. Employers must provide employees with job-protected leave, which means that employees have the right to return to the same, or similar, position with the same or similar pay and benefits upon returning from leave. Additionally, employers must continue group health care coverage for the duration of the leave at the same cost to the employee as if they had remained employed. Employers are also prohibited from retaliating against an employee for taking family or medical leave. If an employee believes they were retaliated against for taking family or medical leave, they can file a complaint with the Massachusetts Commission Against Discrimination.
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