Maternity Leave Act, Massachusetts General Laws

Maternity Leave Act, Massachusetts General Laws C. 149, section 105D.

This law provides:  every full-time female employee is entitled as a matter of law to at least eight weeks maternity leave if she complies with the following conditions:


1.      She has completed an initial probationary period set by her employer which does not exceed six months or, in the event the employer does not utilize a probationary period for the position in question, has been employed for at least three consecutive months; and


2.      She gives two weeks notice of her expected departure date and notice that she intends to return to her job.


She is entitled to return to the same or a similar position without loss of employment benefits for which she was eligible on the date her leave commenced, if she terminates her maternity leave within eight weeks. (The guarantee of a same or similar position is subject to certain exceptions specified in M.G.L. C 149, section 105D).  Accrued sick leave benefits shall be provided for maternity leave purposes under the same terms and conditions which apply to other temporary medical disabilities.  Any employer policy or collective bargaining agreement which provides for greater or additional benefits than those outlined in this notice shall continue to apply.  (This excerpt taken from the Massachusetts Commission Against Discrimination website.)


More information may be obtained by visiting the following websites: and