Parental Leave (M.G.L.c. 151B, s. 105D) (804 CMR 8.00)
- 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.
- 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.
- 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 emdployed by the same employer for at least three consecutive months as a full-time eployee.
- 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.
- 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.
- The parental leave may be with or without pay (ignoring the impact of the new Paid Family and Medical Leave Act).
- Employers are required to post a notice of this statute and its relevant policies.
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