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Live and Work in MA but Employer is in PA - What Law Applies to Me?

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  • Live and Work in MA but Employer is in PA - What Law Applies to Me?


    I am about to begin a new full-time job for an employer that is located in Pennsylvania. I live in Massachusetts and will be performing all of my work in Massachusetts as a home-based employee. The company has many home-based employees who live in various states, but the Pennsylvania office is their only location.

    I will need to request time off for maternity leave beginning in November. Since I will not have been employed for at least 12 months, I won't be eligible for FMLA protection. I am wondering however if I will be eligible for coverage under the Massachusetts Maternity Leave Act. My employer doesn't have any defined probationary period, therefore it seems that the 3-month waiting period defined by the MMLA would apply to me (I will fulfill this prior to the start of my leave).

    My question is whether my employer is required under the MMLA to grant this leave to me since I live and work in Massachusetts, or if they are exempt because they do not operate in Massachusetts.

    Thank you!


  • #2
    Since you live and work in MA, MA laws and benefits apply to you.
    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.


    • #3
      Thank you CBG - this is very helpful!



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