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Brian J. MacDonough quoted in Massachusetts Lawyers Weekly article on guidance on vacations and medical leave

Brian J. MacDonough, partner in the firm’s Employment Department, was quoted in a Massachusetts Lawyers Weekly article on June 13, 2019. The article, “SJC refines guidance on vacations, medical leave,” details a recent Supreme Judicial Court decision which refined its guidance for employers trying to assess whether a vacationing employee is abusing medical leave.

Read the full article on Massachusetts Lawyers Weekly (subscriber content).

From the article: 

According to Boston attorney Brian J. MacDonough, employers frequently impose their own non-medical views of what is appropriate in disability-related cases, whether disability discrimination under the Americans with Disabilities Act or Chapter 151B or leave under the FMLA.

Rather than conducting an investigation to reach a determination, the MWRA seemed to have launched its investigation to support a conclusion it had already made, MacDonough said.

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Though not many FMLA retaliation cases may involve plaintiffs with pensions, MacDonough noted that DaPrato provides a “helpful analysis” regarding how damages to offset pension losses should be calculated.