We’ve handled a number of claims involving the Massachusetts Paid Family and Medical Leave Act (MA PFMLA). To see more about that click here. We have recently added to that experience by pursuing a claim arising under the Massachusetts PFMLA for an employee based in Medford, Massachusetts who was terminated while on approved Massachusetts PFMLA leave.

Can my employer terminate me while I am on leave protected by the Massachusetts Paid Family and Medical Leave Act (MA PFML)?

Sure, they can terminate you while you are on Massachusetts PFML leave, but it’s incredibly risky to do so. That’s the case because the Massachusetts PFML Act creates an inference that any adverse employment action that occurs during a leave or within 6 months of its expiration is presumed to be unlawful. That’s incredibly powerful as it’s ordinarily the case that a termination is presumed to be lawful, not unlawful like under the MA PFML Act. In order to rebut this presumption, employers must have clear and convincing evidence that the termination had nothing to do with the medical leave.

Can I take intermittent leave under the Massachusetts Paid Family and Medical Leave Act?

Yes. The Massachusetts PFML Act expressly provides that employees can take leave for a qualifying reason on an intermittent basis. The governing regulations define “intermittent” as leave “…taken in separate periods of time due to a single qualifying reason, rather than for one continuous period of time [including] leave taken on an occasional basis for medical appointments or leave taken several days at a time spread over a period of months.” Those regulations require that intermittent leave be taken in increments consistent with how the employer tracks other forms of leave (but not less than 15 minutes).

Steffans Legal represents a Senior Accounting Supervisor who was terminated for taking intermittent MA PFML in Medford, Massachusetts

In this new case, our client went on intermittent MA PFML and was terminated while on intermittent leave. Her employer claims that it eliminated the position due to a downturn in business. That defense has some merit, but it needs to have nearly airtight merit in order to defeat a MA PFML Act claim. It won’t help the employer that it gave our client a positive performance review shortly before termination.

This case will be filed in Middlesex County Superior Court if it is not resolved pre-suit.

Learn more about the Massachusetts Paid Family and Medical Leave Act (MA PFML) by clicking below.