Under Massachusetts and Federal laws, female employees are allowed to take maternity leave and the employer is required to restore the female employee to her same or a similar position in the company upon her return from leave.

If the employer has forty-nine (49) or fewer employees, it will be covered under the Massachusetts Maternity Leave Act, (MMLA), and the employer is required to allow the employee up to eight (8) weeks unpaid leave.  It is VERY IMPORTANT that the employee does not exceed the eight weeks of leave or it could affect protection under the MMLA.

If the employer has fifty (50) or more employees, the employee is covered under the federal Family and Medical Leave Act, (FMLA), and is entitled to up to twelve (12) weeks of leave.

Whether the employee takes leave under the MMLA or the FMLA, she is entitled to protection.  An employee on maternity leave must be restored to her previous position or a similar position upon return.  The position to which the employee return must have the same pay, status, length of service credit and seniority as the position she held when she went out on leave.

If you feel that your employer has discriminated against you based on your maternity leave, call MacLellan Law Firm for a free consultation on employment discrimination.  There are limits to the time an employee can make a claim, so time is of the essence.

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