Articles Posted in MMLA

The Massachusetts Supreme Judicial Court ruled, in a recent 4-to-3 decision, that women in Massachusetts who work full time for small businesses have their jobs protected during eight weeks of maternity leave, but the law does not protect them beyond that time.

Women who are promised longer maternity leaves by their employers, usually through company policies or union agreements, can sue for breach of contract if their employer later breaches the policy or agreement and fires them.

Sandy Stephens, a housekeeper for the president of Global NAPs Inc., a small Quincy, MA telecommunications firm, claimed her supervisor told her that, if she gave birth by cesarean section, she could take unpaid maternity leave longer than eight weeks. Stephens ultimately gave birth by cesarean section and claimed that, when she called her supervisor after the eight week period and said she anticipated returning to work after around 11 weeks, she learned she had been fired by her employer.

Stephens’ lawsuit relied on a guideline of the Massachusetts Commission against Discrimination that says employers should notify employees in writing if they do not plan to guarantee benefits beyond eight weeks. The SJC found, however, that the guideline is advisory only and does not have the force of law.

Points:

  • The decision affirmed how the law has generally been applied
  • The ruling is limited to women whose maternity leave falls under state law (typically those who work at smaller companies but with at least six employees).
  • Women who work for employers with 50 or more employees are covered by the federal Family and Medical Leave Act, which provides up to 12 weeks of unpaid leave and job protection. The SJC ruling does not affect the federal law.
  • Employees should obtain all promises in writing with respect to benefits promised beyond what the law provides.
  • Communicate with your employer during any leave to avoid misunderstandings.

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MBA
Boston Bar Assosiation