Massachusetts Maternity Leave Act

The Massachusetts Maternity Leave Act allows for 8 weeks of unpaid job-protected for full time female employees. The law when combined with the Federal act may provide up to 20 weeks of unpaid job-protected leave.  Short term disability in Massachusetts can replace your income during maternity leave, and in case of complications before delivery.

The two laws works differently in terms of who is covered, and how the laws work. What you will find on this page:

* Who is covered
* Key Provisions
* MA Maternity Leave and the FMLA
* Affording all the time off from work

The MMLA requires that an employee on leave be restored to her previous or a similar position upon her return to employment following leave. That position must have the same status, pay, length of service credit and seniority as the position the employee held prior to the leave.

The Massachusetts Maternity Leave Act applies to employers most employers with 6 or more employees. When determining full time status your employer must consider such factors as hours worked, days worked, benefits received, other leave entitlement, the employer's policies and other factors tending to show whether the employee is treated as a full time employee.

You are eligible once you satisfy your employer's probationary period. This means a period of time, not exceeding six calendar months, set by an employer to establish initial suitability of an employee to perform a job.

Source: MA Commission Against Discrimination

The Family Medical Leave Act (FMLA) is a federal law, whereas the Massachusetts Act applies to MA workers only. The two laws come into play if you need to take time away from work prior to your delivery.

The FMLA provides leave for your own disability, whereas the MA law does not - it applies only to absence from work for the purpose of preparing for or participating in the birth or adoption of a child, and caring for a newborn or newly adopted child.

If you experience complications you may have 12 weeks of unpaid leave prior to delivery, plus 8 weeks of unpaid leave from the MMLA.

Massachusetts does not have state mandated paid maternity leave or short term disability insurance. If you are planning a pregnancy consider purchasing short term disability insurance before getting pregnant.

Your benefit for normal delivery may greatly exceed the premium paid, helping to create maternity leave income and providing a financial cushion to allow you to bond with your baby without worrying about how to pay bills.