Bonding Leave Under the Massachusetts Paid Family and Medical Leave Act

Your Rights to Bonding Leave Under the Massachusetts Paid Family and Medical Leave Act

massachusetts Employees are entitled to Bonding leave for the birth or adoption of a child

As discussed here, Massachusetts employees are entitled to the protections of the Paid Family and Medical Leave Act. The entire law is here. This law contains a protection that entitles employees to 12 weeks of paid leave to “bond with the covered individual's child during the first 12 months after the child's birth or the first 12 months after the placement of the child for adoption or foster care with the covered individual.” M.G.L. ch. 175M s. 2. The law further defines “child” as “a biological, adopted or foster child, a stepchild or legal ward, a child to whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor child.” M.G.L. ch. 175M s. 1. This type of leave is known as “bonding leave.”

can i be fired or discriminated against for taking bonding leave or while on bonding leave under massachusetts law?

Technically, yes, but you’d have considerable options if that happens in terms of challenging that termination. That’s the case because according to the Paid Family and Medical Leave Act, any “negative change” to your employment that occurs during bonding leave or within 6 months of the bonding leave ending is presumed to be unlawful. M.G.L. ch. 175M s. 9. Further, employers can only overcome that presumption with “clear and convincing evidence” that the change was not related to the leave. M.G.L. ch. 175M s. 9. These two concepts (the presumption of illegality and the clear-and-convincing requirement) provide employees with considerable protections and give them a leg up when challenging terminations that occur while they are on or shortly after returning from bonding leave.

what should i do if my massachusetts employer fires me while i am on bonding leave or after returning from bonding leave or discriminates against me for taking bonding leave?

Call a lawyer. Massachusetts law prohibits employers from terminating employees because they take bonding leave or from discriminating against them for taking that leave. The law further provides that employees who successfully prove they were fired or discriminated against for taking bonding leave are entitled to considerable monetary damages, including all remedies available in common law tort actions, reinstatement, compensation up to three times the lost wages and benefits, as well as attorneys’ fees, interest, and costs.

Are you an employee living in Pittsfield, Springfield, Worcester, Lowell, Fall River, New Bedford or the Cape?  Do you think you’ve been discriminated against for taking bonding leave? If so, contact Steffans Legal today to set up a free consultation.