Massachusetts Parental Leave Rights and Protections
Unlocking Parental Leave Benefits in MassachusettsAre you planning to embrace parenthood in Massachusetts and wondering about the options available for parental leave? Navigating your way through this important phase of life involves understanding your rights and making informed choices. Employers often provide paid maternity leave, paternityleave, or adoption leave, but what if they don't? The Massachusetts Paid Family and Medical Leave Act (PFMLA) might be your lifeline.
Under new Massachusetts law, these protections extend even to smaller employers. If you are a public employee, the new law may not apply to you, but you still have protection under pre-existing maternity leave law and the federal Family Medical Leave Act ("FMLA"). This guide not only sheds light on parental leave but also explores the legal safeguards that protect your rights during pregnancy, childbirth, and the post-leave period. Massachusetts Paid Family LeaveBefore 2021, parental leave in Massachusetts was governed by a statute requiring employers with six or more employees to offer eight weeks of unpaid parental leave for births or adoptions.
But a significant change came into effect on January 1, 2021, when the PFMLA was introduced. Now, all employees, certain independent contractors, and even self-employed individuals can access up to 12 weeks of partially paid leave. Both parents can utilize this benefit, although you can't claim both paid leave under Massachusetts law and additional unpaid leave under FMLA. During your PFML, your employer must maintain your benefits, including health and dental coverage. Vacation and sick time accrual must continue as well, and you shouldn't face penalties in terms of seniority or career advancement for taking leave. Moreover, the law provides protection against employer retaliation for six months following your return, with the presumption that any adverse actions are retaliatory. Preparing for Parental LeaveIn most cases, you can plan for your parental leave and provide reasonable notice to your employer. While you don't need to announce your pregnancy immediately, initiating the conversation as soon as you're comfortable is advisable. However, sometimes situations change rapidly, and notice may not be possible. In such cases, notify your employer as soon as you can.
Engaging with your employer early on can also help you discover whether they offer short-term disability policies that could supplement your income during your leave. Additionally, discussing how these benefits interact with your state benefits is crucial for effective financial planning. Using Intermittent or Staggered LeaveIf you're giving birth, you'll likely want continuous leave to recover and adjust to parenthood. However, non-birthing parents can explore intermittent leave options. The 12 weeks of available PFML can be spread out, allowing parents to take a few days a week or occasional weeks off as needed.
Remember, PFML leave can be taken all at once or intermittently, with equal protection under the law. |
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Returning to Work After a Parental Leave
Returning to work after parental leave can be a significant transition. Discuss your re-entry with your employer before and during your leave to clarify expectations. Know your rights, especially if you're nursing, as Massachusetts law mandates accommodations for lactating mothers.
Upon your return, a six-month period automatically presumes any termination or disciplinary action as retaliatory. Be vigilant for signs of retaliation, such as unfavorable work assignments, critical performance evaluations, unwarranted assumptions about your availability, or stalled career progression.
Your journey into parenthood is unique, and understanding parental leave laws in Massachusetts can help you make the most of this special time in your life.
Upon your return, a six-month period automatically presumes any termination or disciplinary action as retaliatory. Be vigilant for signs of retaliation, such as unfavorable work assignments, critical performance evaluations, unwarranted assumptions about your availability, or stalled career progression.
Your journey into parenthood is unique, and understanding parental leave laws in Massachusetts can help you make the most of this special time in your life.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our team of experienced legal professionals can provide valuable insights and assistance in navigating Massachusetts parental leave laws, ensuring you make informed decisions and protect your rights during this significant life transition. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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