Massachusetts Parental Leave- Mass. Gen. Laws ch. 149, § 105D; 804 Mass. Code Regs 8.01; MCAD Guidelines on Parental Leave

Covered Employers: 6 or more employees

Employee Eligibility: Full-time employees who have completed three months of the employer's probationary period or, if there is no such probationary period, has been employed by the same employer for at least three consecutive months.

Entitlement: Leave of a period not exceeding eight weeks for the purpose of giving birth or for the placement or adoption of a child under the age of eighteen or for adopting a child under the age of twenty-three if the child is mentally or physically disabled. In the case of multiple births the mother is entitled to 8 weeks per birth. Two employees of the same employer are entitled to 8 weeks of parental leave in aggregate for the birth or adoption of the same child.

Employer Notice: Yes. Employers must a notice in conspicuous place describing employee rights and obligations under the parental leave law, as well as a copy of any policies the employer maintains regarding the right to parental leave.

Employee Notice: Yes, the employee must provide notice of at least two weeks' to the employer of anticipated date of departure and intention to return, or provide notice as soon as practicable if the delay is for reasons beyond the individual's control.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Not specified

Paid?: Parental leave may be with or without pay at the discretion of the employer. An employee on parental leave for the adoption of a child is entitled to the same benefits offered by the employer to the employee on parental leave for the birth of a child.

Benefits: Yes, to the extent that parental leave may not affect the employee's right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave; however, maternity leave shall not be included in the computation of such benefits, rights, and advantages, and the employer need not provide for the cost of any benefits, plans, or programs during the period of maternity leave unless such employer so provides for all employees on leave of absence.

Reinstatement: Employee must be restored to her previous, or a similar, position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of her leave. The employer is not required to reinstate an employee on parental leave to the previous or a similar position if other employees of equal length of service credit and status in the same or similar position have been laid off due to economic conditions or other conditions affecting employment during the parental leave. However, the employee on parental leave retains any preferential consideration for another position to which the employee may be entitled as of the date of the leave. If the employer provides parental leave for longer than 8 weeks, the employer cannot deny the employee any rights afforded under the statute unless the employer clearly informs the employee in writing prior to the commencement of the parental leave, and prior to any subsequent extension of that leave, that taking longer than 8 weeks of leave will result in the denial of reinstatement or loss of other rights and benefits.

Relationship with Other Leave: This leave shall run concurrently with any leave an employee takes under the FMLA. However, if an employee has exhausted entitlement to FMLA leave at the time of the birth, adoption, or placement of a child, the employee will still receive a full eight weeks of unpaid leave.