(DOL) has issued extensive regulations applying the FMLA, which (at the time of
publication) are undergoing revision, and which can be found on the DOL’s website.
Guidelines for establishing FMLA policies can be found in Part II, Section 2.4 below.
Massachusetts Maternity Leave Act
The Massachusetts Maternity Leave Act (MMLA), Mass. Gen. L. c. 149, § 105D,
applies to employers of six employees or more, and requires the employer to provide an
unpaid maternity leave of eight weeks to female employees who have completed a probation
period or have been employed for three months. At the end of MMLA leave, the employee is
entitled to be restored to her same or a similar position.
Small Necessities Leave Act
The state Small Necessities Leave Act, Mass. Gen. L. c. 149, § 52D, requires
employers of 50 or more employees to provide up to 24 hours of unpaid leave for certain
family-related issues, such as taking family members to doctors’ appointments and attending
Uniformed Services Employment and Reemployment Rights Act
Chapter 151B prohibits discrimination and retaliation against military personnel. The
federal statute, the Uniformed Services Employment and Reemployment Rights Act
(USERRA), 38 U.S.C. § 4301, et seq., also prohibits employers from discriminating against
members of, or applicants to, a uniformed service with regard to initial employment,
reemployment, retention, promotion, or benefits. Employers may not retaliate because of an
exercise of a USERRA right.
USERRA provides special protections to those who must leave their civilian jobs to
perform uniformed service. Members of a uniformed service who satisfy certain eligibility
requirements must be reemployed at the civilian positions they would have held, and with the