Legal Question in Medical Leave in Massachusetts

FMLA requires an employer to grant up to 12 weeks of leave for a qualifiyng occorrence and return the employee to the same or substantially similar postittion. A person on FMLA leave does not receive greater protection thsan other employees. Thus, if the person on leave would have been terminated for good reason (eg. reduction in force), the employer may layoff the person notwithstanding the fact that s/hes is out on leave.

If the employee is not ready to return to work at the end of the 12 weeks, the employee may normally be terminated.

If however, the employeeis a qualified handicapped induvidual as defined by the Americans with Disabilities Act (ADA)A or similar state law, the employee may be entitled to reasonable accommodation. One such accommodation is a further leave of absence.

This is a generalized response. If you wish to discuss this further please contact my office.