If you are expecting a child or have already given birth, familiarizing yourself with Massachusetts’ maternity and parental leave laws can help you take the time off you need to care for your newborn. Understanding the law can also allow you to determine if you’ve experienced pregnancy discrimination in the workplace.
If you have reason to believe that your employer has taken adverse action against you due to your pregnancy or your request to take maternity or parental leave, a Boston employment discrimination lawyer from Duddy, Goodwin & Pollard can take on your case and pursue the damages you’re owed.
Let’s take a closer look at the laws that protect your right to take maternity and parental leave.
Taking Maternity and Parental Leave in Massachusetts Under the FMLA
The Family and Medical Leave Act (FMLA) allows employees to take unpaid maternity and parental leave in Massachusetts for up to 12 weeks. You’ll be able to take leave under the FMLA if your pregnancy prevents you from working or if you need time to bond with your newborn, newly adopted child, or new foster child.
This type of FMLA leave must be taken within one year of the child’s arrival or, in the case of pregnancy, before the child’s arrival. To qualify for leave under the FMLA, you must meet the following requirements:
- Your employer has at least 50 employees within a 75-mile radius of your work site
- You’ve worked for your current employer for at least 12 months
- You’ve worked 1,250 hours in the 12 months preceding your leave
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Taking Maternity and Parental Leave Under Massachusetts’ Paid Leave Law
The state of Massachusetts’ maternity and parental leave law is called the Paid Family and Medical Leave law, or PFML for short.
Under this law, you have the right to take up to 26 weeks of medical leave for your pregnancy, pregnancy recovery, and new child bonding. There are several requirements you’ll have to meet to be eligible to take paid time off under the PFML law. PFML eligibility requirements are as follows:
- Your employment is not exempt under the PFML
- Your average earnings in the year before your leave starts meet a specific threshold that is updated every year. (The threshold in 2024 is $6,300 per year).
- Your employer has at least one employee
While the maternity and parental leave laws in Massachusetts require most employers with at least one employee to provide PFML leave, there are some that aren’t obligated to provide leave. An experienced attorney at Duddy, Goodwin & Pollard can assess your situation and determine if you’re eligible to take leave. It’s important to note that the following workers are excluded from PFML leave:
- Insurance agents
- Individuals employed by religious institutions and churches
- Student nurses, interns, and others involved in work-study programs
- Certain employees who work for a commission
- Railroad employees
- Real estate brokers
- Some independent contractors
Can I Take Both FMLA and PFML Leave?
If you’re looking to take paid time off under Massachusetts’ maternity and parental leave law, you might be wondering if you can take both FMLA and PFML leave. Unfortunately, you can’t take 12 weeks of FMLA and then take another 12 weeks of PFML.
Understanding the similarities and differences between FMLA and PFML can be confusing, especially if you don’t have a legal background. A Boston Family and Medical Leave Act (FMLA) lawyer can explain the intricacies of state and federal law and answer any questions you have about your eligibility to take maternity and parental leave.
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What do I Do if I Face Pregnancy Discrimination in the Workplace?
If your employer has denied your request to take time off under the FMLA or PFML, you may be eligible to take legal action against them. You may also be entitled to damages if you’ve been retaliated against for requesting to take or taking leave under one of these laws.
If you believe you’ve faced workplace discrimination, you’ll want to speak with an experienced attorney about your situation. A lawyer who has in-depth knowledge of the FMLA and Massachusetts’ maternity and parental leave laws can determine if you faced unlawful workplace treatment.
If a lawyer finds that your rights under federal or state law were violated, they can initiate a claim and pursue damages for the financial losses and emotional distress you’ve endured due to the incident.
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Schedule a Free Consultation With an Experienced Lawyer
If you have questions about Massachusetts’ maternity and parental leave laws, a skilled attorney from Duddy, Goodwin & Pollard can provide the guidance you’re looking for. Our team can also represent you in instances of workplace pregnancy discrimination.
Whether you’re unsure whether you qualify for leave, have been denied leave, or have faced retaliation related to your pregnancy, we’re here to help.
Contact us today to schedule a free consultation and learn more about your legal rights and options. We look forward to hearing from you soon and representing you and your family’s best interests.
Call or text (860) 999-9394 or complete a Free Case Evaluation form