As a reminder, Massachusetts Maternity Leave Act (“MMLA”), M.G.L. c. 149, §105D requires that all employers provide their Massachusetts employees with 8 weeks of unpaid maternity leave.
- Employee must have completed the initial probationary period set by her employer (not to exceed 6 months). If the employer has not set a probationary period, the employee must have been employed by the same employer for at least 3 months.
- She must be absent for the purpose of:
- Giving birth,
- Adopting a child under the age of 18, or
- Adopting a child under the age of 23 who is mentally or physically disabled.
- The employee is required to give the employer at least 2 weeks’ notice of her anticipated date of departure and her intention to return.
The employer is not required to pay for the employee’s benefits while she is out on maternity leave.
The employee may voluntarily use any earned but unused paid vacation, sick or personal leave concurrently while she is out on her 8 weeks of maternity leave. However, the employer may not require the employee to use earned but unused paid leave.
Effective April 7, 2015
All parents, both men and women, will be eligible for 8 weeks of leave under (St.2014, c.484). If, however, both employees are employed at the same company, they are only eligible for a combined 8 weeks of leave.