Legal Question in Medical Leave in Massachusetts

terminated and on maternity leave

My company recently did a large layoff. My department was completely shut down in this layoff, and I was told that my termination date would be the same day as the other lay offs. I am on Family Medical Leave, and was under the impression that my termination date couldn't be until that leave was over. Are they allowed to terminate me a month ahead of my FML being completed? The parent company as a whole is still in business, and our offshoot business/department is closing. The close is not complete as of yet, but winding it's way down.


Asked on 1/23/09, 4:12 am

1 Answer from Attorneys
Christina Montgomery Law Office of Christina L. Montgomery

Re: terminated and on maternity leave

Yes, they can if your position was eliminated though a legitimate reduction in force while you are on FMLA, which, from your facts, sounds like what happened.

See the Dept. of Labor's website at: www.dol.gov/elaws/esa/fmla/eb6.asp for more info.

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Answered on 1/25/09, 8:53 am


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