While there are employment laws at both the federal and state level, state laws usually prevail. When mothers give birth, their jobs are protected in most states for up to six weeks. However, you should be aware of the laws regarding maternity leave and your rights as an employee before taking leave.
Maternity Leave Regulations
Maternity leave for employees changed in 2015 from the Massachusetts Maternity Leave Act, MMLA, to the Massachusetts Parental Leave Act, MPLA. However, most of the regulations surrounding maternity leave remain the same. An employment rights attorney in Northampton, MA, can explain that only employers with more than six employees are bound by law to allow their employees to take maternity leave.
One of the distinctions in the new act is that there is no mention of gender in the law. Previously, the MMLA specifically stated the leave was for “female employees”, but now it just states generally “employees”. If you have a problem getting maternity leave, you should contact an employment rights attorney.
Length of Leave
Under state law, employees who have passed their probationary period on the job can take up to eight weeks of unpaid maternity leave. The probationary period is three months, and the employee must work full-time. If an employer is refusing to provide leave because you’re a father, this can be considered gender discrimination, and an employment rights attorney should be contacted.
Employees are eligible for leave whether they have a child, adopt one, or if one is placed in their care, as long as the child is under 18 years old. If the child being adopted or placed under the employee’s care is mentally or physically disabled, then the age extends to under 23 years old. If you’re having difficulty getting the maternity leave you’re entitled to by law, contact the offices of Connor Morneau & Olin LLP for help.
