Protecting Your Right to Medical and Family Leave
When a serious health condition or a family emergency forces you to step away from work, the last thing you should face is the threat of losing your job. At Greenberg Gross LLP, our Boston FMLA lawyers stand with employees who have been denied the leave they are legally entitled to, retaliated against for taking it, or pushed out of their positions while exercising their rights.
We are trial-tested advocates who bring sophistication and genuine commitment to every case we take, and we are here to listen to what happened to you.
The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave each year for qualifying medical and family reasons. When employers ignore or undermine those rights, our firm is ready to act. Contact us today for a free consultation.
Start your journey towards justice today by scheduling your free claim consultation
Why Choose the Boston FMLA Lawyers at Greenberg Gross LLP
At Greenberg Gross LLP, we are not a general-purpose firm that dabbles in employment law on the side. Employment law is our bread and butter, and FMLA violations are among the most damaging wrongs an employer can commit against a working person.
Our team brings more than a decade of elite litigation experience, and our founders built this firm after winning a $50 million verdict at trial, a result that inspired them to create a practice with a true sense of mission.
Here is what sets us apart:
- Trial-tested representation. We prepare every case as if it will go to trial, and our opponents know it. That reputation drives earlier, stronger settlements for our clients.
- Recognized excellence. Our attorneys have earned recognition from Super Lawyers, Martindale-Hubbell AV Preeminent, the American Board of Trial Advocates (ABOTA), and the Daily Journal Top 100.
- Significant results. We secured a $6.1 million judgment for whistleblower retaliation and a $10 million settlement for breach of contract, among many other major employment outcomes.
- Compassionate, client-first service. We understand the fear and uncertainty that comes with a job threatened or lost. We see you, and we take your situation seriously.
Our unique approach means you work with senior attorneys, not associates, from the very start of your case. Call our Boston office at (617) 800-9199 for a free, confidential consultation.
What Is the FMLA and Who Does It Cover?
The FMLA is a federal law that applies to employers with 50 or more employees within a 75-mile radius. To be eligible, an employee must have worked for the employer for at least 12 months and logged at least 1,250 hours in the past year.
If you qualify, the FMLA entitles you to:
- Up to 12 weeks of unpaid leave per year for qualifying reasons
- Up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness
- Continued employer-sponsored health insurance coverage during leave
- Restoration to the same or equivalent position when you return
These are not optional courtesies. They are legal rights, and employers who interfere with them or retaliate against employees for exercising them can be held accountable.
Massachusetts employees also benefit from the state's own Massachusetts Paid Family and Medical Leave (PFML) law, which provides paid leave benefits that complement federal FMLA protections. Understanding how both laws interact can significantly affect what you are entitled to recover.
Qualifying Reasons for FMLA Leave in Boston
FMLA leave is available for a specific set of circumstances. Many of our clients were surprised to learn that their situation qualified, only to be treated poorly by an employer who hoped they would not know their rights.
You may be entitled to FMLA leave for:
- A serious health condition that makes you unable to perform your job functions
- Caring for a spouse, child, or parent with a serious health condition
- The birth, adoption, or foster placement of a child
- Qualifying exigencies related to a family member's military service
- Caring for a covered servicemember with a serious injury or illness
A serious health condition includes illnesses, injuries, or impairments involving inpatient care or continuing treatment by a healthcare provider. Chronic conditions such as diabetes, back injuries, anxiety disorders, and cancer often qualify.
If your employer told you that your condition did not count, we encourage you to speak with our team before accepting that answer.
Common FMLA Violations We Handle
Employers do not always deny FMLA rights outright. More often, violations happen in subtler ways that can be harder to recognize but are just as unlawful.
Our Boston FMLA attorneys regularly handle cases involving:
- Denial of leave for a qualifying condition without legal justification
- Interference with leave rights, such as requiring employees to work during approved leave
- Retaliation for taking FMLA leave, including demotion, reduced hours, or termination
- Failure to notify employees of their FMLA rights when a qualifying situation arises
- Wrongful termination during or shortly after FMLA leave
- Changing job responsibilities or pay upon return from leave
- Discouraging employees from requesting leave through threats or intimidation
- Using FMLA leave as a negative factor in performance evaluations or disciplinary actions
Retaliation is the most common violation we see. A pattern of negative performance reviews that begins shortly after an employee returns from leave, or a termination framed as a "reduction in force" targeting an employee who recently used FMLA, can signal unlawful retaliation.
Our team knows how to find those patterns and build a compelling case around them.
We can help assess the strength of your case
Signs Your Employer May Be Violating Your FMLA Rights
Not every FMLA violation looks like an outright refusal. Many employees sense something is wrong but are not sure whether what they experienced crosses a legal line. If any of the following sounds familiar, it is worth speaking with a Boston FMLA lawyer about your situation.
Watch for these warning signs:
- Your request for leave was met with pushback, delays, or demands for excessive documentation beyond what the law requires
- You were told your condition does not qualify, without a proper legal basis for that determination
- Your performance reviews turned negative shortly after you returned from leave, despite no change in your work
- You were reassigned to a less desirable role, given fewer hours, or stripped of responsibilities after taking leave
- A disciplinary process began or accelerated during or after your FMLA leave
- Your manager made comments suggesting frustration with your absence or implying your leave was a burden
- You were terminated within weeks or months of returning, with a reason that did not add up
Employers sometimes use neutral-sounding explanations like restructuring, performance concerns, or attitude issues to mask retaliation. Our team of FMLA lawyers in Boston knows how to look past those explanations and examine the full picture. If the timing and circumstances of what happened to you feel wrong, trust that instinct and give us a call.
What Damages Can You Recover in a Boston FMLA Claim?
When your employer violates the FMLA, the law provides meaningful remedies. Employees who prevail in FMLA claims may be entitled to recover:
- Back pay, including lost wages and salary from the date of the violation
- Front pay for future lost earnings when reinstatement is not practical
- Benefits lost as a result of the violation, including health insurance and retirement contributions
- Interest on any lost wages and benefits
- Liquidated damages equal to the amount of back pay and interest, effectively doubling the award, unless the employer can show it acted in good faith
- Attorney's fees and court costs, which the employer may be required to pay
In cases involving willful violations, the damages can be substantial. Our employment team has secured multi-million-dollar outcomes for employees across a range of employment claims, and we pursue every available avenue of recovery for our clients.
The FMLA Claims Process in Massachusetts
Filing an FMLA claim involves several steps, and timing matters. The general statute of limitations for FMLA claims is two years from the date of the violation. For willful violations, that window extends to three years. Missing these deadlines can eliminate your right to recover, which is why speaking with a Boston FMLA lawyer as soon as possible is important.
The process generally involves:
- Gathering documentation, including medical records, employer notices, leave requests, and performance records
- Filing a complaint with the U.S. Department of Labor's Wage and Hour Division or pursuing a private lawsuit directly in federal court
- Investigating the employer's actions for evidence of interference or retaliatory intent
- Negotiating a resolution or, if necessary, taking the case to trial
Our team handles this process with the care and sophistication it demands. We do not pressure clients toward quick settlements that undervalue their claims. We prepare every case for trial, and we have the courtroom experience to follow through.
Boston Employees We Serve
We serve employees across greater Boston, from the Financial District and Back Bay to Cambridge, Somerville, Quincy, and beyond. Whether you work for a major corporation, a regional healthcare system, a university, or a small business, your FMLA rights are the same.
We have represented employees in industries including:
- Healthcare and hospital systems
- Financial services and banking
- Education and higher education
- Technology and life sciences
- Retail and hospitality
- Transportation and logistics
- Government and public sector
No matter where you work or what your job title is, we treat your case with the same level of attention and dedication.
FAQs Answered by a Boston FMLA Lawyer
Our team receives many questions from employees trying to understand their rights. Below are answers to some of the most common ones.
Can my employer contact me while I am on FMLA leave?
Some contact during FMLA leave may be permissible, but requiring you to perform work tasks, attend meetings, or respond to emails in a way that disrupts your leave can constitute interference. If your employer is effectively pulling you back into work during approved leave, that may be a violation worth discussing with an attorney.
What if my employer says my position was eliminated while I was on leave?
Employers are not prohibited from conducting layoffs while employees are on FMLA leave, but using the leave as an opportunity to eliminate a position that would otherwise have continued is often a pretext for retaliation. The timing and circumstances of any termination during or after leave deserve careful scrutiny.
Do I have to take all 12 weeks at once?
No. FMLA leave can be taken intermittently or on a reduced schedule when medically necessary. For example, if you need regular treatments or recurring flare-ups of a chronic condition, you may be entitled to take leave in hours or days rather than all at once.
What if I work for a company with fewer than 50 employees?
Federal FMLA protections apply only to covered employers with 50 or more employees. However, Massachusetts has its own Paid Family and Medical Leave law that extends protections to a broader group of workers. Depending on your situation, other state or local protections may also apply.
Can I be fired for filing a complaint about an FMLA violation?
Retaliating against an employee for filing a complaint or otherwise exercising their FMLA rights is unlawful. If your employer takes adverse action against you after you report a violation or engage with an attorney, that retaliation may itself give rise to an additional legal claim.
How long does an FMLA lawsuit take?
The timeline varies depending on the complexity of the case, whether the employer contests the claims, and whether the matter proceeds to trial or settles. Some cases resolve within months. Others take longer. Our team will give you an honest assessment of what to expect throughout the process.
Talk to a Boston FMLA Lawyer at Greenberg Gross LLP
Your right to medical and family leave is protected by federal law, and when employers violate that right, they should be held accountable. Greenberg Gross LLP brings the trial experience, legal sophistication, and genuine client commitment that your situation demands.
Our employment attorneys have secured a $6.1 million whistleblower retaliation judgment and a $10 million employment settlement, and we bring that same level of preparation and advocacy to every FMLA case we handle.
If you were denied FMLA leave, retaliated against for taking it, or terminated in connection with a medical or family leave request, we want to hear from you. Call our Boston office at (617) 800-9199 for a free, confidential consultation with a trial-tested FMLA lawyer.