Part 2: Job Protection and Employer obligations

A worker cannot be fired because she took PFML leave. The law is very strong because it presumes that any negative action within six months of PFML leave is retaliation. In court, the employer would have to show “clear and convincing” evidence that it would have taken the same action at the same time, regardless of the use of PFML. G.L. c. 175M, § 9(b). If the job fires a worker because they took PFML leave, the worker is entitled to reinstatement to the same job, lost wages for wrongful termination, emotional distress damages, costs, interest, and attorneys’ fees. 

Sometimes workers think they can never be fired while on PFML leave, but that is not true. If the employer has documented significant poor performance and is firing other workers with similar performance issues, that is legal. If the employer is laying off many workers because business is slow, and one of those workers in on PFML leave, that is legal.