Parental Leave (M.G.L.c. 149, s. 105D) (804 CMR 8.00) (MCAD Guidelines)

• Employers must provide an eight week parental leave to employees for the purpose of giving birth, 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. (M.G.L.c. 149, s. 105D(b))
  
  
• Any two employees of the same employer are only entitled to 8 weeks of parental leave in the aggregate for the birth or adoption of the same child. (M.G.L.c. 149, s. 105D(b))
  
  
• If the employer agrees to provide parental leave for longer than 8 weeks, the employer cannot deny the employee the rights under this 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 the loss of other rights and benefits. (M.G.L.c. 149, s. 105D(b))
  
  
• To be eligible an employee must have completed the initial probationary period set by the terms of employment, not to exceed three months, or if there is no such probationary period, has been employed by the same employer for at least three consecutive months as a full-time employee. (M.G.L.c. 149, s. 105D(b))
  
  
• The employee must give at least two weeks' notice to the employer of the anticipated date of departure and the employee's intention to return, or provide notice as soon as practical if the delay is for reasons beyond the individual's control. (M.G.L.c. 149, s. 105D(b))
  
  
• The employee must be restored to the employee's previous, or similar, position with the same status, pay, length of service credit and seniority as of the date of the leave.(M.G.L.c. 149, s. 105D(b))
  
  
• An employer is not required to restore an employee 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; however, that the employee retains any preferential consideration for another position to which the employee may be entitled as of the date of the leave. (M.G.L.c. 149, s. 105D(c))
  
  
• The parental leave may be with or without pay (ignoring the impact of the new Paid Family and Medical Leave Act). (M.G.L.c. 149, s. 105D(d))
  
  
• The parental leave need not be included in the computation of the benefits, rights and advantages. (M.G.L.c. 149, s. 105D(d))
  
  
• 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. (M.G.L.c. 149, s. 105D(d))
  
  
• The Commonwealth or any of its boards, departments and commissions cannot deny vacation credit to an employee for the fiscal year during which the employee is absent due to a parental leave. (M.G.L. c. 151B, s. 4(11A))


• Employers are required to post a notice of this statute and its relevant policies. (M.G.L.c. 149, s. 105D(e))


• A violation of this statute is a violation of the Massachusetts Fair Employment Practices Act. (M.G.L. c. 151B, s. 4(11A))