Legal Question in Employment Law in Massachusetts

The answer depends on many factors. The most important of which might be the number of employees at your wife's former company and the manner and timing of the notice she provided regarding her leave and medical needs.

She may have a case. Feel free to contact me privately to discuss this further.

Under the Federal Family Medical Leave Act, employees who work for companies with at least 50 employees within a 75 mile radius and who are eligible for leave under the act, are entitled to up to 12 weeks of unpaid leave upon giving appropriate notice to their employer of a serious medical condition or other covered reason for taking a medical leave. 30 days notice is preferred or even required in some instances. To be eligible, employees must have worked for 1,250 hours within the prior 12 month period.

In addition, employees entitled to medical leave are also often covered by state and federal protections for people with disabilities or percieved disabilities.