Notice Of The Need For Parental Leave Under The Massachusetts Parental Leave Act Page 2
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4MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
FACT SHEET ON PARENTAL LEAVE
Under federal and state law, certain employees may take an unpaid leave from work at the birth or
adoption of a child. Federal and state law may also allow a pregnant woman who develops a serious
health condition to take an unpaid leave of absence if her doctor certifies the need for such a leave.
Parental Leave
Massachusetts Maternity Leave Act, M.G.L. c. 149, § 105D, allows a female employee to take up to 8
weeks of unpaid leave at (1) the birth of a child, (2) the adoption of a child under 18 years old, or (3) the
adoption of a person under 23 years old who is mentally or physically disabled.
Eligibility: To be eligible, the employee must have worked for the employer in a full-time position for at
least 3 months or finished a probationary period (which cannot exceed 6 months), and the employer must
employ at least 6 employees. The employee must give the employer 2 weeks notice of her departure date
and notice that she intends to return to her job.
Job restoration: Under most circumstances, the employer must restore the employee to her job or to a
reasonably similar position with the same status, pay, length of service credit and seniority.
Male employees: Because state and federal law prohibit sex discrimination in employment, male
employees may have a right to take the same 8 weeks of leave a female employee is entitled to take at the
adoption of a baby, and to take a certain amount of leave at the birth of a child.
The MCAD enforces the Massachusetts Maternity Leave Act. If you think your employer has violated
this law, contact the MCAD.
Family & Medical Leave Act ("FMLA"), 29 U.S.C. § 2601, is a federal statute that allows eligible male
and female employees to take up to 12 weeks of unpaid leave at the birth or adoption of a child.
Eligibility: To be eligible, your employer must have 50 or more employees; and you must have worked
for your employer for 12 months and at least 1,250 hours in the prior year.
Job restoration: The employer ordinarily must restore you to the same or equivalent job when your
FMLA leave ends.
The employer can require the employee to use paid leave, such as vacation time, personal leave, or sick
leave, for parental leave taken under the FMLA.
For more detailed information on rights and obligations under the FMLA contact the U.S. Department of
Labor, Wage & Hour Division.
Pregnancy-Related Disability Leave
If an employee develops a serious health condition during pregnancy, and her doctor certifies her need for
leave, she may be able to take unpaid leave under the FMLA or she may be considered to be a "qualified
handicapped person" entitled to a leave of absence as a reasonable accommodation. See MCAD Fact
Sheet on Employment Discrimination on the Basis of Disability. You may be entitled to leave in
addition to the (8) weeks as accommodation for a pregnancy-related disability.
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