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Mass Parental Leave Law Effective April 7, 2015

April 21st, 2015

An employee who has completed the initial probationary period, not to exceed 3 months, is entitled to 8 weeks of parental leave for the birth of a child  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 adopting or intending to adopt or for the placement of a child with an employee pursuant to a court order.

Two employees of the same employer shall only be entitled to 8 weeks of parental leave in aggregate.
The employee shall give at least two weeks’ notice to the employer of the anticipated date of departure and 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.

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 will result in the denial of reinstatement or loss of other rights and benefits.

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 position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the 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.

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, and 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 such employer so provides for all employees who are on leave of absence. Every employer shall post and keep posted in a conspicuous place or places upon its premises a notice describing this section and the employer’s policies related to this section.


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