Maternity Leave Fact Sheet

The Commonwealth of Massachusetts
Commission Against Discrimination
One Ashurton Place
Boston, Massachusetts 02108
Telephone: (617) 727-3990

Massachusetts General Laws, Chapter 149, Section 105D
Chapter 151B, Section 4

Massachusetts law states that an eight-week, unpaid maternity leave may be taken by a female employee who is:

• giving birth to a child
• adopting a child who is under 18 years of age, or
• adopting a person under the age of 23 who is mentally or physical disabled

An employer is required to provide such an employee a maternity leave if the following conditions are met:

• the employee must have completed the probationary (trial) employment period set by her employer, which cannot exceed six (6) months of employment. If no probationary period has been set, the employee must have been employed for at least three (3) consecutive months;
• the employee must give at least two (2) weeks notice of her expected departure date, as well as notice that she intends to return to her job;
• the employee must be a regular employee, rather than a temporary or intermittent employee.

IT IS ILLEGAL FOR THE EMPLOYER TO REQUIRE A WOMAN TO LEAVE HER JOB AT SOME ARBITRARY STAGE IN HER PREGNANCY, OR TO REFUSE TO LET HER RETURN TO WORK UNTIL A SPECIFIED TIME SET BY THE EMPLOYER.

THE EMPLOYEE CANNOT BE PENALIZED FOR TAKING A MATERNITY LEAVE.

• The employer is required to restore the employee to her previous position, or a similar position, without detriment to her pay, status, length of service credit, or seniority (if applicable), unless the employer can demonstrate that other employees of equal length of service credit and status, in the same or similar positions, have been laid off due to changes in economic conditions or other changes in operating conditions.
• An employee returning from maternity leave is entitled to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible on the date of her leave. However, the employer is not required to include the time period of the employee's leave in the computation of such benefits.

DURING HER EIGHT WEEK MATERNITY LEAVE, THE EMPLOYEE MAY USE OTHER TYPES OF PAID LEAVE FOR WHICH SHE IS ELIGIBLE, SUCH AS VACATION LEAVE, PERSONAL LEAVE, OR SICK LEAVE.

• The employer may limit use of sick leave to maternity leaves involving birth, since adoption is not viewed as a medical disability.
• The employer cannot require the employee to use paid leave for her maternity leave if she does not wish to do so.

THE EMPLOYER'S MATERNITY LEAVE POLICIES MUST BE CONSISTENT WITH THE EMPLOYERS' OTHER TYPES OF LEAVE POLICIES.

• If the employer provides pay for all other leaves of absence, the employer must provide pay for maternity leaves.
• If the employer provides pay for only medical leaves of absence, the employer must provide pay for the period of disability associated with pregnancy and childbirth, but is not required to provide pay for maternity leaves involving adoption.
• If the employer pays for benefits, plans, or programs associated with other types of temporary disability, the employer must pay for benefits, plans, or programs associated with birth-related maternity leave.
• Any employer policy or collective bargaining agreement which provides for greater or additional benefits than those required by law must be adhered to.

Employees should consult their personnel office, benefits office, or union office to receive the most current information about their employer's maternity leave policy.