My Current State: 

FMLA Massachusetts


Posted by Diane

The Family and Medical Leave Act is a federal Act that helps to ensure that employees can take time away from work for covered reasons and not be discriminated against by the employer for doing so. The Act also helps to ensure that if an employee does need to take time away from work for a covered reason, the employee can return to work to have the same job.

Not all employees are covered by the Act. In order for an employee to be covered, the employee needs to have worked for a covered employer for at least 1,250 hours out of the previous year. Also, employers are covered by the Act as long as they have at least 50 employees that work within a 75-mile radius of the employee that wishes to take the FMLA time off

When an employee takes the FMLA time off, the employee should be able to return to work at the end of the period of time off to have the same job or an equivalent job. Also, the employee should have the same salary and benefits that he or she had prior to taking the time off.

Employees may be able to take up to 12 weeks off of work per year in order to tend to one of the following conditions:

·         Their own healthcare issues

·         The health of a spouse

·         The health of a child, as long as the child is under the age of 18

·         The health of a parent, as long as the employee is at least 18 and as long as the parent is a biological parent and not an in-law

·         A newborn child, a newly adopted child, or a child recently taken in through foster care. Both male and female employees can take time off for these conditions. CB

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