Maternity Leave

I had read somewhere that perhaps in Massachusetts if a woman delivers twins that she would be eligible for 16 weeks leave instead of 8. Is this something that has become legal in MA yet? Or, is it just a suggestion?

Please advise.

Sincerely,
Patti


Comments

  • 13 Comments sorted by Votes Date Added
  • Maternity leave in Massachusetts is governed by the Massachusetts Maternity
    Leave Act, Mass. Gen. L. c. 149 s. 105D, which provides that female
    employees who have completed their introductory period of employment or have
    been employed for at least three consecutive months as a full time employee
    are entitled to eight weeks of unpaid leave to give birth, adopt a child
    under the age of 18 or adopt a child under the age of 23, if that child is
    physically or mentally disabled. To be eligible for this leave, the
    employee must give the Company at least two weeks' notice of her anticipated
    date of departure and her intention to return to work at the ned of her
    leave. The leave is available at the time of the birth or adoption but not
    substantially before or substantially later. Assuming business conditions
    have not eliminated the employee's position or restructured her job in her
    absence, upon return to work, the employee is entitled to be restored to her
    previous or similar position.

    The Massachusetts Commission Against Discrimination issued Guidelines last
    spring that offered interpretations of this statute, and among those
    interpretations was one in which the MCAD determined that the employee was
    entitled to 8 weeks leave "per birth" so that, if an employee was pregnant
    with twins, there would be two "births" involved, entitling the employee to
    16 weeks of unpaid leave. If you are an employer with a facility in
    Massachusetts, I have a copy of these guidelines and could answer further
    questions for you. Give me a call at (413) 737-4753 or email me at
    [email]sfentin@skoler-abbott.com[/email].


  • That's one of the funniest things I have ever heard. I'm glad I live in Texas. By the way, don't forget that under FMLA you employee could be entitled to 12 weeks, rather than 8.

    Good Luck.


  • It may sound "funny" in HR terms, but not so funny when you suddenly become the parent of (premature) twins.


  • This sounds a lot more complicated than following the FMLA (if that's possible). Sounds like MA is very generous with their leave.

    One suggestion. I don't use the term "maternity leave" any longer. I just call it short term disability.
  • In our business (which happens to be a public school) it is indeed useful to a teacher who has twins to take some time off to recover from childbirth and to reorganize her (or his with FMLA) life. Seventeen years later, however, when those twins are struggling in a challenging academic class, being taught by a master teacher, and that master teacher is the one giving birth to twins and wanting/needing the time off, it becomes a different problem. Dilemmas like this are what make HR interesting.


  • The company has a corporate handbook stating pregnancy is treated like any other illness. An employee takes time off for maternity leave and submits the first time sheet taking 80 hrs sick leave. The employer marked through sick leave and deducted 80 hours from annual leave. When the employee confronted the employer about the policy, employer stated that he would give the sick leave that particular time. However, he is now removing the statement of "pregnancy is treated like any other illness" from the newly revised handbook. The question is are there any laws that will state that a person on maternity leave should or is eligible to use sick leave.


  • I believe the recommended wording for a maternity policy is it will be treated as any other "disability" not illness. This will then default to your disability policy. As long as an employee is considered disabled (unable to work) then if your policy allows the use of sick time, she should be able to use it.


  • Probably not, but pregnancy is supposed to be treated equally to any other disability. The basic regulation is the Pregnancy Disability Act, with the addition of any state law that you might have. If the manager wants to change the policy so that sick leave cannot be used for ANY disability then it would be OK.


  • This may also be governed by state specific law in Virginia. You should check with employment counsel in your state for the definitive response.


  • The appropriate federal cite is Title VII of the Civil Rights Act. The Pregancy Discrimination Act is an ammendment to Title VII. You can find a short fact sheet on the Act at [url]http://www.eeoc.gov/facts/fs-preg.html[/url]. This source states

    Discrimination on the basis of pregnancy, childbirth or related
    medical conditions constitutes unlawful sex discrimination under
    Title VII. Women affected by pregnancy or related conditions
    must be treated in the same manner as other applicants or
    employees with similar abilities or limitations.

    Basically, as you and other posters have stated, the Act requires employers to treat "maternity" or pregnancy as they would any other sickness or disability. This means if the employer allows a male employee time off due to a back injury or hernia, he must allow time off to women due to their pregnancy. Employers also may not deny payment under a disability or sickness benefit plan based solely upon a woman's pregnancy, if benefits are paid to male employees due to their illnesse and injuries. The EEOC states "If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy related conditions."

    The employer in this orginal post may remove the words from his handbook, but so long as he employs fifteen (15) or more employees, it is meaningless, since he is still subject to Title VII of the Civil Rights Act, and the Preganancy Discrmination Act amendments.
  • I read the EEOC Facts about Pregnancy Discrimination, but I am confused about whether or not pregnancy and maternity leave are a seperate leave apart from FMLA, if individual state law does not exceed 12 weeks in a 12 month period. We do not have short term disability or a policy allowing it. We just qualify employees under FMLA if time off is needed for a short term disability or illness. But if they haven't been employed with the company for a twelve month period and have worked 1,250, they do not qualify and therefore either resigns or is terminated due to not being eligible for leave. Our personal leave also has a year of employment provision. I do understand that individual state law, if more generous, is mandated. If you are a multi-state employer, is it necessary to have a seperate policy for pregnancy leave, outside of an employers FMLA and personal leave policy?
  • When you say "personal leave" are you speaking of your PTO program, or does your company allow Personal Leaves for various reasons? Does (or has) your employer granted any male employee personal time for any form of illness or injury, whether under your offical "Personal Leave" policy, or not?

    When the EEOC comes to investigate a complaint, they will be as concerned about your undocumented "practices" as they will be your nice offical written policies. This is what trips most employers up. We spend hours, days and weeks developing official policies, and then management proceeds to act on their own without reference or regard to the policy.

    I have worked for multi-state employers who did, and others who did not have a separate policy statement on Maternity or Pregnancy Leave. My personal preference is to keep the number of poilicy and procedures statements you issue to the minimum needed to do the job. I worked for one employer who's HR policies filled three (3) three inch binders, and they were part of a sixteen (yes 16) binder set of all company policies and procedures. The problem we had was knowing which policy and procedure to follow when.

    I recommend that unless a law or regulation requires you to have a separate policy statement, incorporate all of your reasons for leave into one master statement on Leave of Absence, or Attendance. You also want that to be a brief and clear as possible, and yet allow you to get the job done. Oh, and by the way, don't loose sight of what "the job" is along the way-Managing Employee Attendance.
  • Our personal leave policy is for non-medical related reasons, including pursuit of regular education and extended travel plans. If we have knowledge of a need for leave that is "medically" related (male of female) we qualify/disqualify them for FMLA.
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