The Family Medical Leave Act and Massachusetts Maternity Leave Act Provide Time at Home for New Moms
November 16, 2007
Understanding an employee’s rights under the Family Medical Leave Act (FMLA) in conjunction with the Massachusetts Maternity Leave Act (MMLA) can be difficult territory to navigate. A wrong turn for an employer could lead to a claim of discrimination in violation of Massachusetts General Law Chapter 151B by an employee on the basis of sex and handicap discrimination with the Massachusetts’ Commission against Discrimination. So what should an employee and an employer know about the rights of an individual under the FMLA and MMLA to avoid these problems?
To begin, the FMLA, at 29 USC S2601, applies to employers with 50 or more employees and requires that eligible employees be provided with up to 12 weeks of unpaid leave at one of the following events:
- At the birth, adoption, or foster placement of a child, and to subsequently care for that child
- To take care of a child, spouse, or parent with a serious health condition
- If the employee has a serious health condition.
Keep in mind that employees are only eligible for rights under the FMLA if they worked for their employer for at least 12 months, worked at least 1,250 hours for the employer in the prior 12 months, and worked at a site with 50 or more employees at the site or within a 75-mile radius.
The leave allowed under the FMLA can be taken all…
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by: Julie A. Dialessi-Lafley, Esq.