Maternity Leave Rights In Massachusetts

Disability and discrimination are two subjects that can come up when issues surrounding maternity leave or pregnancy in the workplace arise. In Massachusetts, pregnant women are protected with maternity leave rights under a law called the Massachusetts Maternity Leave Act (MMLA), which is enforced by the Massachusetts Commission Against Discrimination.

The MMLA applies to all employers who have six or more employees, unless they are a purely a private social club.

How MMLA Works in Massachusetts

The Massachusetts Maternity Leave Act provides for up to eight weeks of unpaid maternity leave for a female employee who is giving birth to a baby or a female employee who is adopting a child. The MMLA even covers adoption of children from the ages of 18 - 23 if the child is mentally or physically disabled. To be eligible for the MMLA's maternity leave rights the female employee:

• is working for a company with six or more employees
• has either completed an initial employment probation period, if any, or worked at least three consecutive months
• is a full time employee
• is giving birth or adopting
• gives employer at least two weeks notice of the last date she intends to work and her intention to return to work

If these criteria are met, employers cannot deny up to eight weeks of unpaid maternity leave, and they may not claim hardship to avoid granting the maternity leave.

Benefits

Under the Massachusetts Maternity Leave Act employers are not required to pay or provide benefits to female employees on maternity leave unless they do so for other employees who are on leave for other types of injuries, illnesses or medical conditions.

In other words, if company policy provides pay or other benefits to an employee on extended sick leave, then those identical terms must be given to the female employee on maternity leave.  Also, if an employee has the right to certain benefits under a collective bargaining agreement which are better than those in the MMLA, the employee is entitled to those same benefits.

• On maternity leave, a female employee MAY use accrued paid vacation or paid sick time but this is not mandatory
• Even if employees who are on medical leaves that are not MMLA might have to use their vacation and sick time, employees on leave under MMLA do NOT have to do so; they may do so

For Women Only ?

The Massachusetts Maternity Leave Act does not provide family leave; it is intended only for women who have given birth or are adopting - however - an employer who does grant maternity leave and denies a request for paternity leave could be in violation of federal laws which prohibit discrimination based on sex.

Get Legal Help

If you have questions about whether or not your company might be in violation of the Massachusetts Maternity Leave Act or if you think you have been subjected to any discrimination in the workplace because of your pregnancy contact an attorney right away. Attorneys that specialize in disability laws or labor relations can analyze your situation and advise you of your rights, and then help you execute a strategy to protect yourself.