In September of 2024, Steffans Legal agreed to represent a Senior Compliance Engineer based in Sharon, Massachusetts in a Paid Family and Medical Leave Act claim (MA PFML). This dispute presents a situation we have confronted frequently since the passage of the Massachusetts PFML: an out-of-state employer who thinks the Massachusetts PFML is equivalent to the Federal FMLA.

The Family and Medical Leave Act (FMLA) was passed in 1993 by Congress and provides unpaid leave for employers of a certain size and for employees who have worked for that employer for at least 12 months and for 1250 hours over that 12-month period. These requirements, known as “eligibility requirements” apply only to the FMLA. These time-and-hours-worked requirements do not apply to the Massachusetts PFML.

On July 26, our client notified his employer, an international technology company, that he intended to take paid medical leave, and took the leave a few days later. He then applied for that medical leave through the Massachusetts PFML website, eventually being approved on August 14 for leave from July 24 - October 24. The employer terminated our client on August 8 (while he was on leave) for violating the company attendance policy. The problem with this termination is the absences at issue were all during our client’s approved medical leave (July 24 - October 24) and considered protected absences under the Massachusetts PFML.

In reviewing the relevant documents, it became clear that this employer was apparently unaware of the Massachusetts PFML as it told our client (after he said he was applying for medical leave) that he was not entitled to medical leave as he had not worked enough hours and enough time. As explained above, those requirements only apply to the FMLA: they don’t apply to the Massachusetts PFML.

We are in the process of trying to resolve this dispute for our client and are prepared to proceed with litigation if that isn’t successful.