Legal Question in Medical Leave in Massachusetts

Re: Fmla

Are you the employer or employee?

Not knowing the specifics of this situation makes it hard to answer definitively. But, here are some FMLA basics that might apply. The employee doesn�t have to actually request the leave as FMLA (the employee doesn�t even have to have ever heard of FMLA) for the leave to be covere. The employee is only required to give the employer enough information about the requested leave so that the employer can determine that the employee may be entitled to such leave. Then, the employer must give the employee notice of the employee�s rights and obligations under the statute. That notice generally includes the forms an employer uses to designate the leave as FMLA.

Some factors that may affect the answer to your question: Did the company give notice and the employee failed to fill out forms requested? What was the employer's response to the request for the leave? Was it granted? as FMLA or other leave? Does the company have 50 or more employees? Does the company have policies regarding leaves generally, and specifically FMLA leaves?

Feel free to contact me to discuss this issue further.