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

June 20, 2019

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.


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.