The Massachusetts Supreme Judicial Court – the state’s highest court – has rejected an employer’s request to reverse a jury verdict in favor of a former employee who was fired when his employer found out that he was vacationing in Mexico while on approved leave under the federal Family and Medical Leave Act (FMLA). The Court’s lengthy opinion, while not establishing any precedent that would bind the federal courts, is notable nevertheless because of its extensive discussion of how the Massachusetts jurists think federal law should be interpreted.
The ruling in DaPrato v. Massachusetts Water Resources Authority, No. SJC-12651 (Mass. June 5, 2019), also serves as a useful reminder that employers should ensure that they have solid and documented grounds before taking adverse action against an eligible employee who has requested, is on, or has recently returned from protected FMLA leave.
A copy of the DaPrato decision is available here.
Members of the Center for Workplace Compliance (CWC) can read more here.