Tag: medical leave

Paid Family and Medical Leave Draft Regulations On January 23, 2019, the Massachusetts Department of Family and Medical Leave released draft regulations for the state’s Paid Family and Medical Leave that was enacted June 20, 2018. The law does not take effect until January 1, 2021 and these drafts are for public input only. The…

Question: Can we require employees to use their vacation and sick time at the beginning of an approved medical leave of absence? Answer: Generally, an employer may require employees to exhaust their paid time off when a medical leave, such as that under the Family and Medical Leave Act (FMLA), is unpaid. When not required,…

Question: If an employee is not eligible for Family and Medical Leave Act (FMLA) leave but was approved for an unpaid personal leave due to a medical emergency, are they also covered under the Americans with Disabilities Act (ADA)? Answer: There may be a requirement for interaction under the Americans with Disabilities Act (ADA). The…

Question: If we feel a medical certification is vague, may we ask for more specific information? This happens with soft tissue injuries such as back injuries that may or may not be work-related. Answer: The employee must provide a complete and sufficient certification to the employer if required by the employer. The employer must advise…

Question: When an employee is out for medical purposes or restrictions, can we refuse to allow the employee to return to work until we receive a doctor’s note saying she is able to return? Answer: Yes, as a condition of restoring an employee whose leave was caused by the employee’s own serious health condition that…

Question: Can a small employer terminate an employee who has been on leave for over 2 months due to a non-work related injury for job abandonment? The employee has not returned any calls or provided the required release certificate from a doctor. Answer: Without any medical certification of a disability/inability to work after such a lengthy period…