Maternity leave. It can be such a controversial subject and an area for improved benefits with minimal cost to the company. An employer has many considerations to weigh when establishing a maternity policy: to have or have not, to pay or not to pay.
In Massachusetts, the debate just got easier. Boston.com reported that the Massachusetts Supreme Judicial Court clarified in a 4-to-3 ruling this month that the 1972 Massachusetts Maternity Leave Act provides job protection for full-time employees who take up to eight weeks off to give birth or to adopt a child, after which they are entitled to return to the same job or a comparable one.
I’m recently returning from maternity leave, so the new ruling from the Massachusetts SJC piqued my interest. Fortunately, I was protected by the federal Family and Medical Leave Act, since I’ve worked at least 1,250 hours in the last 12 months and my employer has far more than the requisite 50 employees. Under FMLA, employees may take up to 12 weeks of unpaid leave in cases where an employee or a relative is sick, for maternity leave and for some other qualifying events. The Massachusetts ruling effectively extends protections to those taking maternity leave at smaller companies that aren’t covered under FLMA. How would I be impacted if I choose to have another child within the next 12 months?
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