Pregnancy Disability - Mass. Gen. Laws ch. 149, § 105D; Mass Gen. Laws, ch. 151B, §§ 4 and 7; 804 Mass. Code Regs 3.01 and 8.01

Massachusetts anti-discrimination practice that may include leave for the employee

Covered Employers: 6 or more employees

Employee Eligibility: Female employees, regardless of marital status.

Entitlement: Leave for disabilities caused or contributed to by pregnancy, miscarriage, abortion, child birthand related recovery are, for job-related purposes, temporary disabilities and must be treated as such under health or temporary disability insurance or sick leave plans available through employment. Written and unwritten employment policies and practices (involving matters such as commencement and duration of leave, availability of extensions, accrual of seniority and other benefits, reinstatement, and payment under health or temporary disability insurance or sick leave plans) must be applied to disability due to pregnancy or childbirth on the same terms as applied to other temporary disabilities. However, if a disability caused or contributed to by childbirth and recovery therefrom is less than eight weeks long or if a temporary leave policy of an employer would result in a maternity leave of less than eight weeks, a female employee who meets the requirements specified in the Massachusetts Parental Leave law will be entitled to eight weeks of maternity leave.

Employer Notice: Yes. Employers must post notice approved by Massachusetts Commission Against Discrimination in conspicuous places on their premises. Employers.must provide written notice to employees of the right to be free from discrimination due to pregnancy or a condition related to pregnancy, including the right to reasonable accommodations for conditions related to pregnancy, in a handbook, pamphlet, or other means of notice.

Employee Notice: An employee must notify the employer of a need for a reasonable accommodation due to pregnancy or a pregnancy-related condition. The employer must then engage in a timely, good faith, interactive "process" to determine what reasonable accommodation may be made, absent undue hardship. The process must include discussion(s) between the employee and the employer with respect to the requested accommodation. Employers may request documentation about the need for accommodation from a healthcare professional that explains what accommodation the employee needs.

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

Paid?: Not specified, but the law states that written and unwritten employment policies and practices (involving matters such as commencement and duration of leave, availability of extensions, accrual of seniority and other benefits, reinstatement, and payment under health or temporary disability insurance or sick leave plans) must be applied to disability due to pregnancy or childbirth on the same terms as applied to other temporary disabilities.

Benefits: Not specified, but the law states that written and unwritten employment policies and practices (involving matters such as commencement and duration of leave, availability of extensions, accrual of seniority and other benefits, reinstatement, and payment under health or temporary disability insurance or sick leave plans) must be applied to disability due to pregnancy or childbirth on the same terms as applied to other temporary disabilities.

Reinstatement: Not specified, but the law states that written and unwritten employment policies and practices (involving matters such as commencement and duration of leave, availability of extensions, accrual of seniority and other benefits, reinstatement, and payment under health or temporary disability insurance or sick leave plans) must be applied to disability due to pregnancy or childbirth on the same terms as applied to other temporary disabilities.

Absence Specification