Massachusetts Maternity Leave

M.G.L. Chapter 149, Section 105D provides that a female employee who has completed the initial probationary period set by the terms of her employment or, if there is no such probationary period, has been employed by the same employer for at least three consecutive months as a full-time employee, is entitled to a maternity leave not to exceed eight weeks. This leave may be taken for the purpose of giving birth, adopting a child under the age of eighteen, or adopting a child under the age of twenty-three if the child is mentally or physically disabled. Employees are required to give at least two weeks’ notice of their anticipated date of departure and intention to return. Employees taking advantage of this leave will be restored to their previous, or a similar, position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of her leave. This leave is traditionally unpaid. However, any accrued or earned time as of the date of leave may be substituted for unpaid time.

 

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