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MA leave of Absence questions.

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  • MA leave of Absence questions.

    I have questions regarding my wife's request for a Leave of Absence. I was given a short-notice school which requires six weeks travel across the country. The school is Oct 1st thru Nov 15th. In MA, the weather should turn to snow while I am gone. My wife doesn't feel safe staying in the house alone for 6 weeks, doesn't like walking our lab on icy surfaces or moving snow. She immediately turned in a written request for a Leave of Absence. Her supervisor informed her verbally on 9-17 that a LOA was not possible due to a shortage of personnel. That was 3 weeks after the written request was submitted and less than two weeks before our leaving. I don't think this is appropriate. Will she have to give her notice in order to accompany me? Will she qualify for unemployment? Are there any rules for a LOA that do not include medical issues? We'd appreciate any responses from people that have dealt with these problems before.
    Dave

  • #2
    Massachusetts Leave Law

    Massachusetts has a leave law, in addition to the Federal Medical Leave Act. Unfortunately, neither law covers situation such as you're discussing, where your wife is going to accompany you on a trip. So, she does not have a legal right to leave.

    As far as quitting and receiving unemployment, it is doubtful that she would receive unemployment because one of the primary qualifications is that she has to be available to work and must be actively seeking work. You may wish to contact the Massachusetts Division of Unemployment Assistance for verification. Their website is at: http://www.detma.org/default.htm

    Let us know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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