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Thread: mmla vs fmla Massachusetts and paid time

  1. #1
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    Default mmla vs fmla Massachusetts and paid time

    My employer has never had anyone take a maternity leave but has for other medical reasons. Employees have been paid for the duration of the leaves but with a conversation that i had with my boss a few weeks back im not sure if i would get paid if i want to take a longer leave than the 8 weeks he told me i would be entitled to. If i decide to take a longer leave should it be paid because other leaves were?? Other leaves were over 8 weeks!! Im really confused on the the lenght of time I can take?? Under MMLA 8 weeks and FMLA 12 weeks, so is it a max of 20 weeks i can take?? Or is it 12 weeks max 8 under MMLA and 4 under FMLA?? and does this start from the time i give birth or the moment i stop working??

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    Many employers and/or their disability insurance providers only provide paid leave for the amount of time that the employee is disabled. In most cases, a woman is no longer considered to be disabled from giving birth after eight weeks. Any time off beyond that is considered bonding leave and would not be covered by policies that deal with medical leave. That's why someone who is on medical leave might receive more paid time off than you would.
    I am not able to respond to private messages. Thanks!

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    ok now i understand better with the paid time off thanx!!! but how about how much time i can take??

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    Under MA law you can take up to 8 weeks. IF you are eligible for FMLA you can take another 4, for a total of 12. Neither MA nor Federal law requires that any part of this leave be paid. Assuming that your employer provides short term disability benefits (which are not required in MA but many employers provide anyway) you will receive partial pay for the length of time determined by your plan document (usually 6-8 weeks) or as much more time as your doctor deems you medically disabled. The rest of the time will be unpaid.

    As far as how much time you can take, if you are talking beyond the 12 weeks indicated above, you can take as much time as your employer permits. 12 weeks is all that you are entitled to by law, but your employer may, if he chooses, permit more. That will be up to him.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    So I can take 12 weeks but the last 4 will be unpaid?? Now do I have to take any of my vacation time?? And if not but my employer tells me I do??

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    I'll atttempt to spell it out as clearly as I can. This can get confusing because there are multiple laws affected.

    1.) You are not entitled by either Federal or state law to ANY paid leave. As far as both Federal and state law is concerned, ALL of the time can be unpaid.

    2.) IF your employer has 6 employees or more and you have been employed by this employer for three months or more, you are entitled by state law to 8 weeks of unpaid leave.

    3.) IF your employer has 50 or more employees within 75 miles of your location, AND you have worked for this employer for no less than 12 months AND in the 12 months immediately preceding your leave you worked no less than 1,250 hours, then you are entitled by Federal law to a total of 12 weeks. This INCLUDES the 8 weeks the state gives you; it maxes out as 12, not at 20.

    4.) IF your employer chooses to provide you with additional time over and above this, he may. He cannot be compelled to but there is also nothing prohibiting it.

    5.) Your employer MAY if he so chooses, require that you use your vacation time as part of this leave. Federal law expressly gives him permission to require this and nothing in MA law says that he can't. It will be up to him whether he does or not. It's not so much that the law requires it as that the law will support your employer's right to require it.

    6.) IF your employer provides short term disability benefits (he is not required to by either Federal or state law, but many employers do) then you will be entitled to partial pay for some of this time. Exactly how much can only be determined by someone who has read your STD policy, but the likeliest possibility is that it will be either 6 or 8 weeks. It is highly unlikely that you will receive your full pay; it is most likely to be between 50% and 75%. You will need to find out from your employer first, whether he provides this benefit; second, if he does, what the benefit is, and third, how to go about applying for it. If he does not provide this benefit, then all of the leave (minus any vacation time that you use as part of your leave) will be unpaid.

    7.) Under no circumstances will he be required to provide you with any paid leave, or more than 12 weeks of unpaid leave. (There are a couple of exception to the amount of time available under state law, but from what you have said they do not appear to apply here.)

    Let me know if you still have questions.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    Ma. Maternity Leave Act including the interrelationship of MMLA & FMLA

    http://www.mass.gov/mcad/maternity2.html#8
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