Employee Rights under the Family and Medical Leave Act (FMLA)
THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

LEAVE ENTITLEMENTS
Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

• The birth of a child or placement of a child for adoption or foster care;
• To bond with a child (leave must be taken within one year of the child’s birth or placement);
• To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
• For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
• For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.

An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness.

An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.

Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies

BENEFITS & PROTECTIONS
While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.

Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.

An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.

ELIGIBILITY REQUIREMENTS
An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:

• Have worked for the employer for at least 12 months;
• Have at least 1,250 hours of service in the 12 months before taking leave;* and
• Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.

*Special “hours of service” requirements apply to airline flight crew employees

REQUESTING LEAVE
Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures.

Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.

Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.

EMPLOYER RESPONSIBILITIES
Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility.

Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave

ENFORCEMENT

Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer.

The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights

For additional information or to fle a complaint: 1-866-4-USWAGE (1-866-487-9243) TTY: 1-877-889-5627 www.dol.gov/whd U.S. Department of Labor Wage and Hour Division

Paid Family and Medical Leave (PFML)
Notice of Benefits Available Under M.G.L. Chapter 175M

Available Leave Covered individuals may be entitled to family and medical leave for the following reasons

• up to 20 weeks of paid medical leave in a benefit year if they have a serious health condition that incapacitates them from work.
• up to 12 weeks of paid family leave in a benefit year related to the birth, adoption, or foster care placement of a child, to care for a family member with a serious health condition, or because of a qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call to active duty in the Armed Forces.
• up to 26 weeks of paid family leave in a benefit year to care for a family member who is a covered service member with a serious health condition.

Covered individuals are eligible for no more than 26 total weeks, in the aggregate, of paid family and medical leave in a single benefit year.

Benefits To fund PFML benefits, employers may deduct payroll contributions of up to 0.318% (adjusted annually) from a covered individual’s wages or other earnings. A covered individual’s average weekly earnings will determine his or her benefit amount, for a maximum weekly benefit of up to $ 1,129.82 (adjusted annually).

Who is a Covered Individual Under the Law?
Generally, a worker qualifies as a covered individual eligible for PFML benefits if they are:

• covered by unemployment insurance in Massachusetts and paid wages by a Massachusetts employer; or
• a self-employed individual who resides and works in Massachusetts and chooses to opt-in to the program; and
• has earned more than 30 times the expected benefit and more than $6,000 (adjusted annually) in the last four completed quarters preceding the application for benefits

Job Protection Generally, an employee who has taken paid family or medical leave must be restored to the employee’s previous position or to an equal position, with the same status, pay, employment benefits, length-of service credit, and seniority as of the date of leave. These job protections do not apply to former employees, independent contractors, or self-employed individuals.

Health Insurance Employers must continue to provide for and contribute to employees' employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if the employees had continued working for the duration of such leave.

Private Plans If an employer offers employees paid family leave, medical leave, or both, with benefits that are at least as generous as those provided under the law, the employer may apply for an exemption from paying the contributions. Employees continue to be protected from discrimination and retaliation under the law even when an employer opts to provide paid leave benefits through a private plan.

If you have questions or concerns about your Paid Family and Medical Leave rights, please call: (833) 344-7365 or visit: https://www.mass.gov/DFML This notice must be posted in a conspicuous place on the employer’s premises.

2023 Poster Published, 11/2022

Parental Leave in Massachusetts

Parental Leave, formerly called MA Maternity Leave in the Workplace, requires employers to provide eight weeks of unpaid leave to employees for the birth or adoption of their child. The following information is taken from the Massachusetts Commission Against Discrimination (MCAD) website.

The MA Parental Leave Act applies to employers with six or more employees.

The Law

Massachusetts law requires employers with six or more employees to provide eight weeks of unpaid leave for the purpose of giving birth or for the placement of a child under the age of 18 (or under the age of 23 if the child is mentally or physically disabled) for adoption.

Both women and men are eligible for parental leave.

Employee Rights

The parental leave law is now gender neutral, the law applies to all new parents regardless of gender.

Parental leave applies after you have completed your initial probationary period (set by the terms of employment) but cannot exceed three months.

You must provide at least two weeks’ notice of the anticipated date of departure and state your intention to return. However, the law permits you to provide notice as soon as practicable if the delay is for reasons beyond your control.

Employer Responsibilities

Employers must keep a posting in a conspicuous place describing the Parental Leave law’s requirements and the employer’s policies as to parental leave.

Employees on parental leave for the adoption of a child shall be entitled to the same benefits offered to an employee on leave for the birth of a child.

If two of your employees are give birth to or adopting the same child, the two employees are entitled to an aggregate of 8 weeks of leave.

If you, the employer, provide parental leave for longer than 8 weeks, you must reinstate the employee at the end of the extended leave unless you clearly inform the employee in writing before the leave, and before any extension of that leave, that taking longer than 8 weeks of leave shall result in the denial of reinstatement or the loss of other rights and benefits.

You do not need to register or apply for parental leave with the state.

The Commonwealth of Massachusetts does not require individuals to register or apply with the state to benefit from parental leave.

In order to take advantage of protected leave, you must provide at least two weeks’ notice of the anticipated date of departure and state your intention to return with the proper administrators at your company or organization. However, the law permits you to provide notice as soon as practicable if the delay is for reasons beyond your control.

Paid Family Medical Leave

The MCAD does not oversee or administer the Paid Family and Medical Leave act. 

For more information about paid leave in Massachusetts, please visit the Dept. of Family Medical Leave website:  https://www.mass.gov/orgs/department-of-family-and-medical-leave

YOUR RIGHTS UNDER USERRA
THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.

REEMPLOYMENT RIGHTS
You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:

• you ensure that your employer receives advance written or verbal notice of your service;
• you have five years or less of cumulative service in the uniformed services while with that particular employer;
• you return to work or apply for reemployment in a timely manner after conclusion of service; and
• you have not been separated from service with a disqualifying discharge or under other than honorable conditions. If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION If you:

• are a past or present member of the uniformed service; ✩✩ have applied for membership in the uniformed service; or
• are obligated to serve in the uniformed service; then an employer may not deny you:
• initial employment; ✩✩ reemployment; ✩✩ retention in employment;
• promotion; or
• any benefit of employment because of this status. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

HEALTH INSURANCE PROTECTION

• If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military.
• Even if you don’t elect to continue coverage during your military service, you have the right to be reinstated in your employer’s health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.

ENFORCEMENT

•  
• The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations.
• For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at http://www.dol.gov/vets. An interactive online USERRA Advisor can be viewed at http://www.dol.gov/elaws/userra.htm.
• If you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the Office of Special Counsel, as applicable, for representation.
• You may also bypass the VETS process and bring a civil action against an employer for violations of USERRA.

The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address: http://www.dol.gov/vets/programs/userra/poster.htm. Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.

U.S. Department of Labor 1-866-487-2365
ESGR 1-800-336-4590 Publication Date

April 2017

Massachusetts Earned Sick Time Notice of Employee Rights

Beginning July 1, 2015, Massachusetts employees have the right to earn and take sick leave from work.

WHO QUALIFIES?
All employees in Massachusetts can earn sick time. This includes full-time, part-time, temporary, and seasonal employees.

HOW IS IT EARNED?

• Employees earn 1 hour of sick time for every30 hours they work.
• Employees can earn and use up to 40 hours per year if they work enough hours. 
• Employees with unused earned sick time at the end of the year can rollover up to 40 hours.
• Employees begin earning sick time on their first day of work and may begin using earned sick time 90 days after starting work.

WILL IT BE PAID?

• If an employer has 11 or more employees, sick time must be paid. 
• For employers with 1 O or fewer employees, sick time may be unpaid.
• Paid sick time must be paid on the same schedule and at the same rate as regular wages.

WHEN CAN IT BE USED?

•  An employee can use sick time when the employee or the employee's child, spouse, parent, or parent of a spouse is sick, has a medical appointment, or has to address the effects of domestic violence. 
• The smallest amount of sick time an employee can take is one hour.
• Sick time cannot be used as an excuse to be late for work without advance notice of a proper use. 
• Use of sick time for other purposes is not allowed and may result in an employee being disciplined.

CAN AN EMPLOYER HAVE A DIFFERENT POLICY?
Yes. Employers may have their own sick leave or paid time off policy, so long as employees can use at least the
same amount of time, for the same reasons, and with the same job-protections as under the Earned Sick Time Law.

RETALIATION

• Employees using earned sick time cannot be fired or otherwise retaliated against for exercising or attempting to exercise rights under the law. 
• Examples of retaliation include: denying use or delaying payment of earned sick time, firing an employee, taking away work hours, or giving the employee undesirable assignments.

NOTICE & VERIFICATION

• Employees must notify their employer before they use sick time, except in a emergency. 
• Employers may require employees to use a reasonable notification system the employer creates. 
• If an employee is out of work for 3 consecutive days OR uses sick time within 2 weeks of leaving his or her job, an employer may require documentation from a medical provider.

DO YOU HAVE QUESTIONS?
Call the Fair Labor Division at 617-727-3465 0 Visit www.mass.gov/ago/earnedsicktime

The Attorney General enforces the Earned Sick Time Law and regulations.
It is unlawful to violate any provision of the Earned Sick Time Law.
Violations of any provision of the Earned Sick time law, M.G.L. c. 149, § 148C, or these regulations, 940 CMR 33.00
shall be subject to paragraphs (1), (2), (4), (6) and (7) of subsection (b) of M.G.L. c. 149, §27C(b) and to § 150.
This notice is intended to inform.
Full text of the law and regulations are available at www.mass.gov/ago/earnedsicktime.

Commonwealth of Massachusetts
Office of the Attorney General
English - July 2016