Legal Updates

Jury Award Underscores PFMLA Hazards For Massachusetts Employers

Introduction

A Suffolk Superior Court jury recently returned what is reported to be the first Massachusetts verdict validating a retaliation claim under the Massachusetts Paid Family and Medical Leave Act (PFMLA).

In Boyle v. Wayfair, a jury awarded the plaintiff approximately $4.75 million, including $4 million in punitive damages, $600,000 for emotional distress, and more than $75,000 in back pay. The jury found that the employer had terminated the plaintiff’s employment in retaliation for her taking PFMLA leave and complaining internally of age discrimination.

Because the termination occurred within six months of the employee’s return from PFMLA leave, the statutory presumption of retaliation under G.L. c. 175M, § 9(c) applied, saddling the employer with a “clear and convincing” evidentiary burden to prove the action was non-retaliatory and independently justified. As the jury’s verdict emphasizes, this heightened evidentiary standard may pose significant challenges for employers defending PFMLA claims.

Factual Background And Jury Verdict

The plaintiff, Mary Boyle, joined Wayfair as a senior manager in April 2019 and received performance feedback that varied over time, with documented criticisms predating her leave. She took medical leave from October 30, 2020 through January 27, 2021 under the federal Family and Medical Leave Act (“FMLA”), and from January 1st to June 1, 2021 under the PFMLA.

Upon her return from PFMLA leave, Wayfair placed Boyle on a 45-day PIP and eventually terminated her employment on August 10, 2021, within six months of her return. Following an eight day trial, a Suffolk Superior Court jury found for Boyle on her claims of unlawful retaliation for her PFMLA leave and complaints of age discrimination.

Analysis

Because Boyle’s termination occurred within six months of her returning from PFMLA leave, the statutory presumption of retaliation under G.L. c. 175M, § 9(c) applied, shifting to the employer the burden to show, by clear and convincing evidence, that the action was non-retaliatory and independently justified, and would have occurred regardless of Boyle’s PFMLA leave.

As the jury’s verdict highlights, documented pre-leave performance issues may not suffice for an employer to overcome the heightened evidentiary burden created by the PFMLA presumption. (By contrast, the federal FMLA does not incorporate any such special evidentiary rule, so a plaintiff always bears the burden of proving a violation of the FMLA.)

In addition, alleged statements by Wayfair representatives questioning the legitimacy of Boyle’s medical leave may have supported the jury’s finding of a retaliatory motive.

Practical Implications For Employers

In the wake of the Boyle verdict, there are a number of important points that Massachusetts employers should consider:
 

• Burden of Proof. Again, any negative change in an employee’s seniority, status, benefits, pay, or other terms and conditions of employment during PFMLA leave or within six months after his or her return is presumed retaliatory under Massachusetts law. Employers should act with great caution, and consult employment counsel, before taking adverse actions within this time period.

• Leave Commentary. Statements suggesting that an employee is misusing PFMLA leave can be powerful evidence at trial and, except in exceptional cases, should be avoided.

• Performance Documentation. Any termination decision (or other adverse action) occurring within six months following an employee’s return from PFMLA leave should be based, as much as possible, upon performance documentation created before the employer was notified of the employee’s need for leave. Given the statutory presumption of retaliation, post-leave critiques may be viewed skeptically.

• Manager and HR Training. Managers and HR personnel should receive thorough, regular training on the requirements of the PFMLA, including the six-month presumption of retaliation.

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If you have questions about the Boyle jury verdict or any other aspect of the Massachusetts PFMLA, please feel free to reach out to one of our experienced labor and employment attorneys.