Employer Won't Allow Use of Family Care Act

Produced by Western Massachusetts Legal Services with Assistance of a Grant from the Matrimony Customs Fund of the Pioneer Valley seven/2004
Reviewed March 2019, Alana Clark, Greater Boston Legal Services

Massachusetts workers take iv different laws that give them the right to accept time off from piece of work for the nascency or adoption of a kid, to take care of seriously sick family members, to recover from their own serious illnesses, or to accept intendance of routine family unit responsibilities.

Each police force has certain qualifications, covers different conditions and different employers.

• The Family unit and Medical Exit Act (FMLA) is a federal constabulary guaranteeing covered workers up to 12 weeks of unpaid leave to intendance for newborns, newly adopted children and seriously ill family members, or to recover from their ain serious illnesses.
• The Massachusetts Parental Leave Human action (MPLA) allows covered workers to take upward to eight weeks unpaid following the birth or adoption of a child.
• The Small Necessities Leave Act (SNLA) allows workers to accept upward to 24 hours unpaid per year off from piece of work to go to their kid's education-related school activities, or to accompany a child or elderly relative to medical or dental appointments.
• The Paid Family unit Medical Leave Human activity (PFML) provides 12-26 weeks of paid exit to bail with a new child or because of a serious health condition. See, Paid Fourth dimension Off for Personal or Family Needs.

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1. How do I know if whatsoever of these laws use to me?
2. How serious does an disease have to exist to make me eligible for FMLA leave?
3. Who is considered my immediate "family member" for purposes of taking FMLA leave?
4. What kind of notice practice I have to give my employer that I am requesting FMLA go out?
5. What kind of medical verification may my employer ask for?
6. When practice I need to provide my employer with the medical verification?
7. Is the exit paid or unpaid? Can I employ paid sick, holiday, or personal time during my exit?
8. Exercise I demand to have the leave all at once?
9. What if I'g out on exit due to a workplace injury covered by workers compensation; does this exit fourth dimension count confronting my FMLA exit entitlement?
10. What happens to my seniority, retirement, health and other benefits while out on get out?
11. What happens when I am prepare to render to work?
12. I am simply about to accept a child, or adopt a child. How much go out can I take?
13. Exercise I take to take the leave under FMLA or MMLA to intendance for my newborn or adopted kid right after birth or adoption?
14. I need to go to a school conference for my child, or take a relative to a medical or dental engagement. Tin my employer refuse to let me go?
15. What kind of situations can I asking leave for under the SNLA?
16. How much detect practise I need to give to my employer nether the SNLA?
17. How many times in year can I take off to attend to school meetings or medical/dental appointments?
18. What tin can I practise if my employer refuses to requite me leave, or if I'yard retaliated against for asserting my rights to leave?

Q1. Practice any of these laws apply to me? Am I a covered worker?

You lot can accept FMLA go out or SNLA leave - if:

1. your employer has at least fifty employees, and
2. you take worked for your employer at least 1,250 hours in the final 12 months (an average of about 24 hours per week).

To accept exit under the Massachusetts Parental Go out Act (MPLA), y'all must

1. piece of work for an employer with at to the lowest degree half-dozen employees and
2. consummate your probationary period (up to 6 mos.). If your work does not have probation, you demand to piece of work full fourth dimension for the same employer for at least 3 months in a row.

Q2. How serious does an affliction have to be to make me eligible for FMLA leave?

To become FMLA exit, your health or your firsthand family member'southward health must exist so serious that you cannot work for more than 3 days in a row:

Illness

The disease needs to be serious enough that:

• you need to be hospitalized, or
• You lot have two visits to a dr., or
• You have i visit to a doctor and then follow-up handling.

Poor health

Yous may also be able to get FMLA leave if you lot or an immediate family unit member has such poor health that:

• you need handling for a problem that volition not go abroad (the trouble is chronic) or
• you will need treatment for long time before you go better.

Q3. Who is considered my firsthand "family member" for Family unit Medical Leave Deed go out?

Your spouse, children, and parents are firsthand family members for purposes of FMLA. The term "parent" does not include your "in-laws" (your spouse's parents). The terms son or daughter exercise not include individuals that are 18 years or older.

Q4. What kind of discover do I take to give my employer that I am requesting Family Medical Exit Act leave?

If you lot know alee of fourth dimension that you need get out, the leave is "foreseeable" and you must give your employer 30 days notice. The birth of a child or planned surgery is a foreseeable need for leave. Merely when you lot have a sudden need for leave similar emergency surgery, you must give notice as soon equally yous tin. A sudden, unexpected need for leave is "unforeseeable," if you do not know alee of time that you need exit.

You do not need to give written observe to your employer, but it is always a proficient thought to ask for exit in writing. You do not need to use the words "Family Medical Leave Human activity" or "FMLA" but y'all need to permit your employer know that you have a medical reason for asking for more than three days leave. Yous tin too enquire for FMLA leave when you are adopting a kid.

Q5. What kind of medical verification (proof) may my employer ask for?

If you accept whatever leave for health reasons, your employer may ask y'all for a letter from your doc that shows you have a serious health status. But, your employer does non have a correct to see your medical records. If y'all inquire for leave to take care of an immediate family unit member, your employer may ask for a alphabetic character from your family member's doctor that says that your family member needs you as caretaker.

Your employer can crave a second or fifty-fifty a tertiary medical opinion. Your employer tin likewise require that your doctor write additional letters as time goes by, but your employer must pay for whatsoever additional opinion.

Your employer can besides cull the heath intendance provider who gives the 2nd or tertiary opinion. Your employer cannot inquire a health care provider who has regular contracts with your employer.

Q6. When do I need to provide my employer with the medical verification?

Get out you know yous will need

"Foreseeable" leave is exit you know alee of time that you lot volition need. Information technology includes leave for the birth of a kid or planned, non-emergency surgery. You must give your employer at least 30 days find for foreseeable leave. If your employer asks for verification yous must provide verification before you accept the leave.

Emergency get out

For unforeseeable or emergency go out, your employer must give y'all at least xv days to provide the medical verification.

Q.7 Is the go out paid or unpaid? Can I utilize paid sick, vacation, or personal fourth dimension during my go out?

Under all 3 laws (the FMLA, MPLA, and the SNLA), if your employer gives you paid ill, vacation and personal time, you can use that paid fourth dimension during your leave.

Your employer cancrave you to employ paid vacation, ill or personal time. If your employer makes you use up your paid time off first, the rest of your FMLA, MPLA and SNLA leave is unpaid time off.

If your employer does non offering paid ill, holiday or personal time, then your FMLA, MPLA and SNLA get out are all unpaid.

Q.viii Exercise I demand to take the leave all at one time?

Family Medical Go out Act

Under the Family unit Medical Leave Act (FMLA), you may take 12 weeks leave:

• all at once,
• over a longer time period on a part-time basis, or
• at several different times during the year for different qualifying reasons.

Massachusetts Parental Leave Act

Under the Massachusetts Parental Leave Act (MPLA), your employer tin crave that you take the 8 weeks exit all at in one case.

Q9. What if I'm out on leave due to a workplace injury covered past workers compensation; does this leave time count against my FMLA leave entitlement?

It can. Family Medical Leave Human activity (FMLA) leave and workers' compensation leave tin run together. If the injury that the workers bounty is covering is serious enough to go FMLA illness or injury.

Q10. What happens to my seniority, retirement, wellness and other benefits while out on get out?

Yous will not lose your benefits or seniority you've already earned when you are out on leave, but you practise not continue to earn benefits (unless your employer has a policy that protects these benefits).

Q.11 What happens when I am fix to return to piece of work?

Under the Family Medical Leave Act and Massachusetts Maternity Leave Human activity, y'all have a right to return to your aforementioned job or a similar job that has similar condition, pay and seniority. Merely your employer does non have to requite you your old job dorsum if they had a "reduction in force" (downsized), and the job is no longer there. They do not have to create a new job for you either. For FMLA go out, your employer can ask you lot to accept a medical exam or provide a "fitness for duty" document signed past your dr. earlier allowing you lot back to work.

Q.12 I am simply about to accept a child, or adopt a kid. How much leave tin I take?

Under the Family Medical Get out Act, covered workers can accept upwardly to 12 weeks of unpaid leave. Under the Massachusetts Parental Leave Act, employees can take up to eight weeks of unpaid leave. If you lot are covered under both laws, you get a maximum of 12 weeks in a 12 month flow.

If you suffer from a pregnancy-related disability, y'all may accept a right to more than the eight weeks of MPLA leave. The extra time would be a "reasonable accommodation" nether the Massachusetts discrimination statute.

If you lot are unable to come dorsum to work due to the serious wellness condition of your kid, come across if you can get leave under the FMLA (meet Question 2 above).

Q13. Do I accept to accept the leave under FMLA or MPLA to intendance for my newborn or adopted child right after birth or adoption?

Under the MPLA, the exit covers eight weeks following the nascence or adoption of the child. Nether the FMLA, the leave needs to be shut in fourth dimension to the birth or adoption, and the 12 weeks can be taken all at one time, or can be spread out over the yr.

Q14. I need to go to a school conference for my kid, or take a relative to a medical or dental appointment. Tin can my employer refuse to let me go?

Whatever employer/employee covered under the FMLA is also covered under the Massachusetts Small Necessities Leave Human activity (SNLA). This Act allows employees to take upwardly to 24 hours of unpaid leave during whatever 12 month catamenia (in add-on to the 12 weeks available under the FMLA).

Q15. What kind of situations tin can I request leave for under the SNLA?

Any employer/employee covered under the Family Medical Go out Act (FMLA) is likewise covered under the Massachusetts Small-scale Necessities Leave Human activity (SNLA). The SNLA allows employees to accept up to 24 hours of unpaid leave during any 12 month period. The 24 hours covered by SNLA is in addition to the 12 weeks bachelor under the FMLA.

You lot tin asking time off from work to participate in a child's educational activities (for example, a parent-teacher conference, Special Ed meeting or interviewing a new schoolhouse), to back-trail your child or elderly relative to routine medical or dental appointments, or to interview a nursing domicile.

Your "child" includes a biological, adopted, foster or step child every bit well equally any other child you are legally responsible for. An "elderly" relative is considered to be a person over the age of 60 who is related to you by claret or marriage.

Q16. How much observe do I need to give to my employer under the SNLA?

The employer tin can crave seven days advance detect if yous know ahead of time that yous will demand the go out. If your need for leave is, sudden, information technology is non "foreseeable," notify your employer as before long equally possible. It is best to inquire for the time in writing.

Q17. How many times in year can I take off to attend to school meetings or medical/dental appointments?

There is no number of times you can take under the SNLA. The time you take is measured in hours. The employercan require y'all to take time off at least 1 hour at a time.

Q18. What can I do if my employer refuses to give me go out, or if I'm retaliated confronting for asserting my rights to exit?

It is illegal for your employer to fire you, or take whatever adverse employment action against y'all, considering you lot took legally protected leave.

If your employer violates your rights under the FMLA, you lot can file a private lawsuit, or bring a complaint to the U.Due south. Department of Labor'southward Wage and Hour Segmentation (1-866-487-9243).

For violations of the MPLA, you can file a complaint with the Massachusetts Committee Confronting Discrimination (617-994-6000 (Boston), 413-739-2145(Springfield)). Subsequently filing with the MCAD, you lot may choose to bring a private lawsuit.

For violations of the SNLA, you lot tin file a complaint with the wage and 60 minutes division of the Attorney General's office. Your employer'south policies may also give you the right to bring a grievance and ask for a review.

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Source: https://www.masslegalhelp.org/employment-unemployment/time-off-personal-need