A Former Field Service Manager from Fall River Hires Steffans Legal to Represent Him in MA PFML Retaliation Claims

Steffans Legal was recently hired by a former field service manager in claims that his former employer, a national smart home security provider, violated the MA PFML (Massachusetts Paid Family Medical Leave Act), and the Massachusetts Parental Leave Law. Our client, an employee of 15 years, unexpectedly needed family leave because his wife needed an emergency c-section and because their prematurely born baby was admitted to the NICU.

Despite being qualified for up to 8 - 12 weeks of leave under at least three laws, our client was given the runaround by his employer, including being misleadingly told by his supervisor that he was allowed to take only one week of leave, then work from home for one week, then required to return to work. Our client was unaware that he in fact qualified for to up to 12 weeks of paid bonding leave under the MA PFML. When he informed his supervisor that he was going to apply for bonding leave through the MA PFML his supervisor threatened him with, among other things, a demotion and/or termination if he applied for and took the leave. Not surprisingly, our client felt that he had no other choice but to resign and take the time to care for his growing family when they needed him.

Does my employer have to notify me of my rights to bonding and parental leave under the MA PFML?

Yes, the MA PFML contains two specific notification requirements. First the MA PFML requires employers to “post in a conspicuous place on each of its premises a workplace notice prepared or approved by the department providing notice of benefits available under {the PMFL.]” MGL ch. 175m §4. Second, the MA PFML requires employers to provide written notice to employees that includes the following information:

• an explanation of the availability of family and medical leave benefits provided under this chapter, including rights to reinstatement and continuation of health insurance;

• the employee's contribution amount and obligations under this chapter;

• the employer's contribution amount and obligations under this chapter;

• the name and mailing address of the employer;

• the identification number assigned to the employer by the department;

• instructions on how to file a claim for family and medical leave benefits;

• the mailing address, email address and telephone number of the department; and

• any other information deemed necessary by the department.

Importantly, as to this second notification requirement, the MA PFML provides that “[d]elivery is made when an employee provides written acknowledgement of receipt of the information, or signs a statement indicating the employee's refusal to sign such acknowledgement.”

Is it unlawful in Massachusetts to deny or retaliate against or terminate an employee for requesting bonding leave or parental leave?

Yes, under the Massachusetts Fair Employment Practices Act (M.G.L. c. 151B) and the MA PFMLA, it is unlawful to retaliate against and/or terminate an employee for requesting bonding leave or parental leave.

Employment attorneys at Steffans Legal have represented numerous parents who were terminated for requesting or taking bonding leave under the MA PFML. If you believe you are being retaliated against for using MA PFML leave benefits contact us today for a free and confidential consultation.