Medical and Sick Leaves
Steffans Legal Represents Employees Regarding Medical And Sick Leaves In Worcester, Pittsfield, Springfield, Lowell, Fall River, New Bedford, and Hyannis
Massachusetts and federal law both entitle employees to medical and sick leave, including the Americans with Disabilities Act, the Family and Medical Leave Act, the Massachusetts Fair Employment Practices Act, the Massachusetts Paid Family and Medical Leave Law, and the Massachusetts Earned Sick Time Law.
Steffans Legal has over 14 years’ experience in helping Massachusetts employees deal with situations in which they are being denied medical or sick leaves. From Pittsfield to Springfield, Worcester to Fall River, and on Cape Cod, we’ve taken these types of cases to trial and know how to get the relief you deserve. Over that time, we’ve learned that Massachusetts employees typically ask the following questions when they are being denied medical leave.
Are you a Massachusetts employee being denied medical or sick leave? Contact Steffans Legal today to explore ways to get the leave you need and to remedy the harm caused by the denial.
“Ben Steffans represented me in a jury trial against my former employer. His opening statement and cross-examination made me confident. But his closing sealed the deal as he wrapped up our entire case into one forceful package. The jury deliberated for 2 hours and returned a verdict in my favor ON ALL COUNTS!”
Frequently Asked Questions Regarding Medical and Sick Leaves
Am I Entitled to Medical or Sick Leave in Massachusetts?
Maybe. There are five sources that may provide you with medical leave: the Family and Medical Leave Act (FMLA), the Massachusetts Unlawful Discrimination Act, the Americans with Disabilities Act (ADA), the Massachusetts Paid Family and Medical Leave Law (PFML), and the Massachusetts Earned Sick Time Law. Each of these laws has particular requirements, but they each, under the right circumstances, provide employees with medical leave or sick leave.
Am I Entitled to Sick Leave Under the Massachusetts Earned Sick Time Law?
Maybe. Almost all employees in Massachusetts are entitled to sick leave. Employees accrue the right to this leave at the rate of 1 hour for every 30 worked, and may accrue up to 40 in a calendar year. Employees may use this earned sick time to care for their own illnesses and for others, in certain situations. If your employer has fewer than 11 employees, the leave is unpaid. 11 or more. Paid. Learn more about the Massachusetts Earned Sick Time Law here.
Can I Take Leave Under the Massachusetts Paid Family and Medical Leave Law (PFML)?
Maybe. Beginning January 1, 2021, all Massachusetts W-2 employees and 1099-MISC workers who do not qualify as independent contractors may be eligible for paid medical leave or paid family medical leave through the Massachusetts Paid Family and Medical Leave Law. The law provides eligible employees with paid leave for any of the following: (1) up to 20 weeks of leave a year for the treatment of your own serious health condition; (2) up to 12 weeks of leave annually to care for a family member with a serious health condition (available July 1, 2021); (3) up to 12 weeks of leave annually to bond with a child in the first 12 months of birth, foster care placement or adoption; (4) up to 26 weeks of leave annually to care for a family member in the armed services or reserves; and (5) up to 12 weeks of family leave to manage circumstances related to the deployment or upcoming deployment of a family member in the armed services or reserves. Read more about PFML here.
Am I Eligible for Leave Under Family Medical Leave Act (FMLA)?
Maybe. If (1) your employer has 50 or more employees, (2) you have worked more than 1250 hours over the preceding year, and (3) you or a next of kin suffer from a serious health condition. If you meet these requirements, you get up to 12 weeks of unpaid leave under the FMLA. Learn more about the Family Medical Leave Act here.
What about the Americans with Disabilities Act (ADA) or the Massachusetts Fair Employment Act? Do Those Allow Me To Take Medical Leave?
Maybe. If you suffer from a physical or mental impairment that substantially limits one or more major life activities, you are entitled to unpaid leave, if that leave will help you address your condition, so long as the leave is reasonable. Determining what is and is not reasonable is complicated and depends heavily on the nature of your employer’s operations and its ability to function in your absence. Learn more here.
I’m Not Sure Whether I am Entitled to Sick Leave or Medical Leave. Can Steffans Legal Help?
Yes we can help. Employment lawyer Benjamin Steffans represents employees across in medical leave and sick leave claims from our offices in Lowell, Springfield, Fall River, Barnstable, Pittsfield, and Worcester. We help Massachusetts employees get the medical leave they deserve and fight back when that leave is wrongfully denied.
What next?
Contact Steffans Legal today to schedule your free consultation.
