"Under the federal FMLA, an employer needs only to articulate a legitimate, nondiscriminatory reason for the adverse action. By contrast, under the Massachusetts PFMLA, the employer must justify its decision by clear and convincing evidence. Employers should think twice (and then, think again) about whether the risk associated with a termination or any other adverse employment action within the six months following an employee’s PFMLA leave is worth the business decision behind it."  MORE >>