Steffans Legal Represents Former Assistant Manager of a Gym in Massachusetts PFML Claim
In October of 2024, Steffans Legal took on the case of a former assistant manager of a large nationwide gym facility based in Mashpee in a case arising under the Massachusetts Paid Family and Medical Leave Act (“MA PFML”). In this case, our client was pressured into working during her protected MA PFML leave and retaliated against when she was unable to do so.
Can My Massachusetts Employer Force Me to Work While I am on Leave Protected by the Massachusetts Paid Family and Medical Leave Act?
No. The Massachusetts Paid Family and Medical Leave Act guarantees protected leave to employees for various health-related reasons. That leave and those protections would be meaningless if an employer were able to force an employee to work while on leave. Numerous courts have held that requiring employees to perform work-related activities while on protected leave amounts to unlawful interference with that leave.
Can My Massachusetts Employer Threaten Me While I am on Leave Protected by the Massachusetts Paid Family and Medical Leave Act?
No. The regulations clearly state that it is unlawful for an employer to threaten to retaliate against an employee for taking leave protected by the Massachusetts Paid Family and Medical Leave Act. 458 CMR 2.16(3). In this instance, the threat made by the employer was that our client’s job would not be available unless she returned from leave. That’s illegal.
Can My Massachusetts Employer Retaliate Against Me for Taking Leave Protected by the Massachusetts Paid Family and Medical Leave Act by Cutting My Hours When I Return to Work?
No. The regulations clearly state that it is unlawful to retaliate against an employee for taking leave protected by the Massachusetts Paid Family and Medical Leave Act. 458 CMR 2.16(3). In this instance, our client returned from work prematurely and under duress, only to have her hours reduced from 40 hours/week down to 8 hours/week.
Steffans Legal will file this action in Barnstable County Superior Court if it is not resolved pre-suit.