Legal Question in Medical Leave in Massachusetts

MA FMLA Questioni

I have acurred approx. 9 weeks of sick time which I would like to use before FMLA to care for my husband during his rehabilitation after an illness. I cannot afford to take this time unpaid. Is this up to the employer or is there some aspect of FMLA law which allows this.

Asked on 1/23/07, 7:57 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: MA FMLA Questioni

Generally, under the FMLA an employer has the right to run FMLA leave concurrently with any period of paid leave that you may have. This means that you typically cannot add the period of paid leave onto the period of unpaid leave to extend the leave period beyond 12 weeks.

You may want to consult with your employer's HR department to discuss your options. If they are unwilling to work with you, you may want to consult with an experienced labor and employment attorney.

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Answered on 1/23/07, 10:23 pm

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