HomeMy Public PortalAboutMassachusetts Parental Leave Act.docxMASSACHUSETTS PARENTAL LEAVE ACT OF 2014 REVISED 2015
Be it enacted by the Senate and House of Representatives in General Court assembled,
and by the authority of the same as follows:
SECTION 1. Chapter 149 of the General Laws is hereby amended by striking out
section 105D, as appearing in the 2012 Official Edition, and inserting in place thereof
the following section: -
Section 105D. (a) For the purposes of this section, an "employer" shall be
defined as in subsection 5 of section 1 of chapter 151B.
(b) An employee who has completed the initial probationary period set by the
terms of employment, not to exceed 3 months, or, if there is no such probationary
period, has been employed by the same employer for at least 3 consecutive months as
a full-time employee, shall be entitled to 8 weeks of parental leave for the purpose of
giving birth or for the placement of a child under the age of 18, or under the age of 23
if the child is mentally or physically disabled, for adoption with the employee who is
adopting or intending to adopt the child; provided, however, that any 2 employees of
the same employer shall only be entitled to 8 weeks of parental leave in aggregate for
the birth or adoption of the same child. The employee shall give at least 2 weeks'
notice to the employer of the anticipated date of departure and the employee's
intention to return, or provide notice as soon as practicable if the delay is for reasons
beyond the individual's control. The employee shall be restored to the employee's
previous, or a similar, position with the same status, pay, length of service credit and
seniority, wherever applicable, as of the date of the leave. An employee on parental
leave for the adoption of a child shall be entitled to the same benefits offered by the
employer to an employee on parental leave for the birth of a child. The parental leave
may be with or without pay at the discretion of the employer. If the employer agrees
to provide parental leave for longer than 8 weeks, the employer shall not deny the
employee the rights under this section 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 shall
result in the denial of reinstatement or the loss of other rights and benefits.
(c) The employer shall not be required to restore 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 positions have been laid off due to economic
conditions or other changes in operating conditions affecting employment during the
employee's parental leave; provided, however, that the employee on parental leave
shall retain any preferential consideration for another position to which the employee
may be entitled as of the date of the leave.
(d) The parental leave shall 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 the employee was eligible at the date of the leave or any
other advantages or rights of employment incidental to the employment position;
provided, however, that the parental leave shall not be included, when applicable, in
the computation of the benefits, rights and advantages; and provided further, that the
employer need not provide for the cost of any benefits, plans or programs during the
parental leave unless the employer provides for such benefits, plans or programs to all
employees who are on a leave of absence. Nothing in this section shall be construed to
affect any bargaining agreement or company policy which provides for greater or
additional benefits than those required under this section.
(e) Every employer shall post and keep posted in a conspicuous place upon its
premises a notice describing this section and the employer's policies related to this
section.
SECTION 2. Section 4 of chapter 151B of the General Laws, as so appearing, is
hereby amended by striking out subsection 11A and inserting in place thereof the
following subsection: -
11A. For an employer, or an employer's agent, to refuse to restore certain
employees to employment following an absence by reason of a parental leave taken
pursuant to section 105D of chapter 149 or to otherwise fail to comply with that
section, or for the commonwealth and any of its boards, departments and commissions
to deny vacation credit to an employee for the fiscal year during which the employee is
absent due to a parental leave taken pursuant to said section 105D of said chapter 149,
or to impose any other penalty as a result of a parental leave of absence.
Approved, January 7, 2015.