Steffans Legal Represents an Account Manager in Claims Under the Massachusetts PFML and Massachusetts Wage Act

In February 2025, Steffans Legal was hired to represent an account manager based in Worcester County in a wrongful termination case arising under the Massachusetts Paid Family and Medical Leave Act (“MA PFML”).  In this case, our client was told her position had been eliminated and was terminated shortly after returning from protected medical leave under the MA PFML. Additionally, our client did not receive her final pay check on the date of termination as required under the Massachusetts Wage Act.

Can My Massachusetts Employer Eliminate my Position If I Use Massachusetts Paid Family Medical Leave or Do They Have to Return Me to My Position?

In almost all circumstances, your employer needs to return you to your position (or an equivalent one) at the end of your MA PFML leave. There are two very narrow exceptions to this. Your employer does not need to return you to your pre-leave position if: (1) “… other employees of equal length of service credit and status in the same or equivalent positions have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of leave”; or (2) if the employee was hired for a discrete project or specific time period and that project/time period has ended. 458 CMR 2.16(1).

Employers love to trot out the “your position has been eliminated” or “we’re restructuring” in order to justify a termination. It’s like they think it’s a silver bullet. Thankfully, the drafters of the MA PFML knew this and made it hard to terminate an employee for those reasons while they are MA PFML.

If you are a Massachusetts employee and you believe you may have been wrongfully terminated for using Massachusetts Paid Family Medical Leave contact us today for a free consultation.