Under the Family Medical Leave Act, certain employees are entitled to take up to 12 weeks of unpaid leave for a serious illness, a serious illness of a family member, or to care for a child.

Disputes tend to arise when an employee is denied leave or are treated differently upon his/her return. The circumstances in which leave should be granted are:

• Birth, adoption or foster placement of a child, and to subsequently care for such newborn, adopted or foster child;
• To take care of a child, spouse, or parent with serious health condition; or
• If the employee has a serious health condition.

Leave normally has to be approved by the employer, but can be taken without approval when the employee has a serious health condition or to care for a child, spouse, or parent with a serious health condition.

Both an employer and employee should properly document the leave, the reasons for the leave and other relevant details. Documentation can prove helpful for both employers and employees if an issue arises.
(See also Retaliation)

There are also Massachusetts statutes that relate to maternity leave and the care for family members -- Massachusetts Maternity Leave Act and Small Necessities Leave Act.