Legal Question in Medical Leave in Massachusetts

Re: Where can I get application for Family and medical leave?

Family and medical leave is not something that you "apply" for. It is handled through the employer. Even if they don't have an HR person per se, they should have somebody who handles these types of issues. But, you first have to find out if your wife qualifies for FMLA leave. She must work for an employer with at least 50 employees, and she has to have worked there for at least 12 months and have worked at least 1250 hours during the last 12 months. If all of those criteria are met, then she is entitled to up to 12 weeks of leave; but it does not have to be paid leave. However, she could use any accumulated sick or vacation time she has in order to get paid for at least a portion of the leave period. If all of those criteria are not met, your wife may still qualify for leave under the Massachusetts state law regarding maternity leave. To qualify for that, her employer need only have at least 6 employees and she would need to have worked there for at least three months as a full time employee. She also has to have given the employer 2 weeks notice of her departure date and notice that she intends to return to her job. Under the Mass. law, she would be entitled to 8 weeks leave (not 12); again, it does not have to be paid leave, but she can use sick/vacation time if she has it.

Your wife's employer should be aware of these laws if they employ at least 6 people.