Massachusetts Notice to Employees of Scheduled Authorization Expiration
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FAQ
No. Your employer cannot punish you for taking PFML leave, including firing you, disciplining you, demoting you, suspending you, threatening you, or otherwise discriminating against you.
(c) The employer shall post 7 days in advance of the start of each week in writing a schedule that includes the shifts of all current employees at that worksite, whether or not they are scheduled to work or be on call that week. The employer shall update that posted schedule within 24 hours of any change.
An employer should give an employee who works an irregular shift pattern reasonable notice of their hours. Normally this would be included in the contract of employment and the standard notice period is around 7 days.
Employers must provide employees with a written work schedule, including on-call shifts, before the schedule begins (commonly around 14 days preceding the first day of the schedule).
Employers must provide employees with prompt notice of any schedule changes. Schedule changes can occur in a smaller than 14-day window. Most scheduling laws require at least a 24-hour notice, however. Some laws require the employer to give the employee the right to accept or refuse.
Employees may choose to use, or employers may require employees to use, earned paid sick time to receive pay when taking other statutorily-authorized leave that would otherwise be unpaid.
Your employer must give you reasonable notice of any changes to your working hours, such as cancelling your shifts. They may request last minute changes, such as ringing you that morning to say that they do not require you to work. You can choose to agree to this change.
To qualify for FMLA, an employee must have been with their employer for at least 12 months, with at least 1,250 hours worked over that time.
Unless the employee is covered under the FMLA or ADA, generally state law does not prohibit termination for an excessive absence.
Do we have to pay an employee who terminated employment before completing Form I-9? Yes. An incomplete I-9 form does not affect an employer's ability or obligation to pay an employee. The I-9 form is used to verify eligibility to work in the U.S. and does not affect payroll.
