Legal Question in Medical Leave in Massachusetts
Recently Laid Off - I Thought the FAML Act would protect me for one year
In April my wife had a baby. Unfortunately for her the recovery in the hospital took one full week - covered by my former company's paternity leave. Over the next 6 weeks my wife had many follow up doctor visits for which I had to miss days at the office. At the time my HR person informed me that this Mass Law FAML would cover me. She said not to worry about any additional time I had to take off because I was covered by this Act. She also explained that my job would be secure for 12 months from the day my son was born.
Some 3 1/2 months later due to a reduction in force, my position with my company was eliminated.
Was this law misrepresented to me?
I have three days to return a signed separation agreement that kicks off my severance pay and releases my former company of any law suits - one being the FAML Act.
1 Answer from Attorneys
Re: Recently Laid Off - I Thought the FAML Act would protect me for one year
Your question really poses a number of questions which would need to be answered - how much time did you take off?; how long have you worked for the company?; how many employees does the company have?; who/how many people were let go in the RIF?
If your company wants you to sign an agreement releasing your rights in return for severance, you should definately have a lawyer look it over. Based on your answers to the above questions, you may be able to work out a better severance package.
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