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Can you summarize MGL Chapter 149, Section 105D?
LABOR AND INDUSTRIES > Parental leave; rights and benefits
Short Summary
This section of the Massachusetts General Law governs parental leave rights and benefits for employees and employers in Massachusetts. An employee who has completed the initial probationary period or has been employed for at least 3 consecutive months as a full-time employee is entitled to 8 weeks of parental leave for giving birth or adopting a child. The employee must provide at least 2 weeks’ notice to the employer. Upon returning from leave, the employee should be restored to their previous or a similar position with the same status, pay, length of service credit, and seniority. The parental leave may be with or without pay at the employer’s discretion. If the employer agrees to provide parental leave for longer than 8 weeks, they must inform the employee in writing about any potential denial of reinstatement or loss of other rights and benefits. The employer is not required to restore an employee to their previous position if other employees of equal status have been laid off due to economic or operational changes. The parental leave does not affect the employee’s entitlement to vacation time, sick leave, bonuses, advancement, seniority, or other employment benefits. Employers are required to post a notice describing this section and their policies related to parental leave in a conspicuous place on their premises.
Whom does it apply to?
Employees and employers in Massachusetts
What does it govern?
Parental leave
What are exemptions?
The employer is not 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 positions have been laid off due to economic conditions or other changes in operating conditions affecting employment during the employee's parental leave.
What are the Penalties?
No specific penalties mentioned.
Jurisdiction
Massachusetts