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Massachusetts Law About Employment Leave

Family and Medical Leave

Federal Law

29 USC 2601 et seq. Family and Medical Leave Act

Federal Regulations

29 CFR 825 Family and Medical Leave Act

Other Web Sources

Family and Medical Leave Act, U.S. Department of Labor. Includes links to law and regulations, forms, frequently asked questions and more.

Clarification of the Definition of "son or daughter": Adminstrator's Interpretation No.2010-3, US Department of Labor, June 2010. "The administrator interpretation issued by Nancy J. Leppink, deputy administrator of the department's Wage and Hour Division, clarifies that these rights, which provide work-family balance, extend to the various parenting relationships that exist in today's world. This action is a victory for many non-traditional families, including families in the lesbian-gay-bisexual-transgender community, who often in the past have been denied leave to care for their loved ones. "

Maternity and Paternity Leave

Massachusetts Law

MGL c.149, s.105D: The Maternity Leave Law.

Massachusetts Regulations

804 CMR 8: MCAD Maternity Leave. Defines terms in maternity leave law. Includes a maternity leave form.

Massachusetts Cases

Global NAPS, Inc. v. Martha Awiszus, 457 Mass. 489 (2010). "Female employees...are afforded rights under the MMLA when they are absent from employment 'for a period not exceeding eight weeks for the purpose of giving birth.'...MCAD Guidelines do not have the force of law, and, therefore, cannot be the source of a remedy for Stephens's termination from employment. An employee who is permitted to extend her maternity leave past eight weeks may have other rights that protect her from unlawful termination, but they are not statutory rights under G.L. c. 149, § 105D."

Other Web Sources

Guidelines on the Massachusetts Maternity Leave Act, Mass. Commission Against Discrimination. Designed to "provide guidance to practitioners, employers, individuals and MCAD staff about how to interpret, apply and enforce the Massachusetts Maternity Leave Act."

What to Expect When Your Employee is Expecting: Pregnancy, Paternity Leave, and the Implications of Federal and State Law, Hogan and Hartson, LLP, 2004. Terrific guidance and some of the trickier issues of maternity leave, including paternity leave, hiring pregnant employees and more. This document is quite old, but includes cites to applicable federal and state laws, so be sure to follow up by reading primary sources.

Small Necessities Act Leave

Massachusetts Law

MGL c.149, s.52D: Small Necessities Leave Act

Massachusetts Regulations

940 CMR 20: Employee Leave for Certain Family Obligations

Other Web Sources

Attorney General's Guide to Workplace Rights and Responsibilities, Mass. Attorney General. Brochure covers many of the laws regulating the workplace, including the small necessities act, with references to Mass. General Laws.

New State Law Provides 24 Hours Unpaid Leave, MIT Tech Talk.

The Small Necessities Leave Act Advisory, Attorney General's Fair Labor and Business Practices Division. Provides the former AG's interpretation of the Small Necessities law, including eligibility, notice and more.

Other Types of Leave

Attorney General's Advisory on Vacation Policies, Mass. Attorney General, 1999. Provides guidance to employers on establishing appropriate policies for vacation time.

Electronic Data Systems Corp. v. Attorney General & another, 454 Mass. 63 (2009). "The Wage Act requires that an employer pay an employee for unused vacation time remaining at the time of the employee's involuntary discharge..."

Employment Law Guide: A Practical Guide to Understanding Massachusetts Employment Law. Boston Bar Association, Labor & Employment Law Section, 2007. Designed to help "employers and employees in understanding their rights and obligations in the workplace." Pages 14-15 and 57-61 cover employment leave.

Must employees be given time off work to vote?, Mass. Trial Court Law Libraries.

Small Necessities Leave Act, Maternity Leave Act, and Other Miscellaneous Statutes Governing Time Off, Conn Kavanaugh Rosenthal Peisch & Ford, LLP. Includes many types of leave, including military, disability and more.