A recent Massachusetts jury verdict is sending a strong message to employers: actions taken after an employee returns from Paid Family and Medical Leave (PFML) can carry significant legal risk—even when performance issues are well documented.

In Boyle v. Wayfair, LLC, a jury awarded $4.7 million to a former employee, marking what is believed to be the first PFMLA retaliation verdict in Massachusetts. The award included $4 million in punitive damages, along with compensation for emotional distress and back pay. The decision is a clear signal that courts may take an aggressive stance when employers cannot overcome the legal presumption of retaliation.

At the heart of the case is a critical (and often underappreciated) provision of the Massachusetts PFML law: a six-month presumption of retaliation.

If an employer takes adverse actions such as termination, demotion, or discipline—within six months of an employee returning from PFML leave, the law presumes the action is retaliatory.

This flips the usual burden of proof. Instead of the employee having to prove retaliation, the employer must prove it did not occur—and must do so using a much higher standard of evidence.

What Happened in this Case

The employee, a senior manager at Wayfair, took an extended medical leave under PFML. After she returned to work, the company placed her on a performance improvement plan (PIP) and later terminated her employment. Wayfair argued that the decision was based on performance issues that existed before the employee took leave.

However, the jury found that the termination was connected to the employee’s use of PFML leave and her complaint of age discrimination. The jury awarded damages for back pay, emotional distress, and punitive damages.

According to the employee’s claims, several factors may have influenced the jury’s decision, including:

• increased scrutiny after returning from leave,
• unclear or inconsistent performance expectations, and
• allegations that a supervisor questioned whether the employee took leave to avoid termination.

One important part of the Massachusetts PFML law played a major role in this case. If an employer takes negative action against an employee within six months after they return from PFML leave, the law assumes the action may be retaliation. This means the employer must prove with “clear and convincing” evidence that the decision was unrelated to the leave.

HR Takeaways: Proceed with Caution

This case serves as a wake-up call for HR professionals. Even well-documented performance issues may not be enough to defend a decision made shortly after PFML leave.

Here are key considerations:

• Timing matters more than ever.  Any adverse action within six months of a return from PFML leave will face heightened scrutiny.
• Documentation alone may not be sufficient – Consistent performance records are important—but under PFMLA, they must rise to the level of “clear and convincing” evidence.
• Evaluate risk before acting – Employers should carefully assess whether discipline or termination can withstand the legal presumption of retaliation.
• Consult counsel early – Given the high stakes, legal review is strongly recommended before taking action during the six-month period.

Bottom Line

Massachusetts’s PFMLA creates one of the most employer-challenging retaliation standards in the country. The Boyle v. Wayfair verdict makes it clear that even seemingly justified employment decisions can carry substantial liability if not handled with extreme care.

HR professionals should take a step back, reassess post-leave practices, and proceed cautiously when making employment decisions within six months of an employee’s return from PFML leave.

Questions about PFML compliance or post-leave employment decisions? AIM members can contact HR Helpline for guidance on leave-related policies, documentation, and risk management. Call 800-470-6277 or email Helpline@aimnet.org. Beyond the Helpline, AIM HR Solutions supports employers with compliance reviews, policy development, and employee relations guidance — so you can act with confidence. www.AIMHRSolutions.com.