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Though an employer does not need to provide

more than 12 weeks of job-protected leave, it cannot

retaliate against an employee for using all 12 weeks. It is

easier to get into trouble in this regard than you might

think, particularly if an employee has performance

problems after returning from leave. As described in the

section on discrimination above, consistent attention to

performance reviews and a warning system can be

critically important in making sure any action in that

situation is truly performance-based and cannot be

considered retaliatory.

D. The Massachusetts Earned Sick Time Law

This is a relatively new development under

Massachusetts law, which took effect July 1, 2015.

Under the law, employers are required to provide earned

sick time for their employees, including part time and

28| Rules of the Road