Miller Employment Law Group

Pregnancy Leave of Absence and Disability

If you are pregnant, have a disability or need to or have taken a leave of absence, we can help you understand your rights. Massachusetts and federal law prohibit discrimination against employees because they are pregnant. In addition, under Massachusetts law, employers with 6 or more employees are required to provide employees with up to 8 weeks of unpaid leave for the purpose of giving birth, adopting a child under the age of eighteen or adopting a child under the age of twenty-three if the child is mentally or physically disabled. If you return to work by the end of the 8-week period, your employer is required to reinstate you to the same position in which you worked before your leave, or to a similar position with similar status and pay. If your employer has 50 or more employees, the Family and Medical Leave Act (FMLA) requires your employer to provide you with 12 weeks unpaid leave after birth or adoption, if you meet certain eligibility requirements. The FMLA also requires employers to provide employees who have serious medical conditions, or who must care for a family member with a serious medical condition, with 12 weeks of unpaid leave time, under certain circumstances.

If you have a physical or mental impairment that substantially limits one or more major life activities, you may have a disability and may be entitled to certain reasonable accommodations by your employer.

In addition, if your employer terminates your employment because you are pregnant, have requested or taken a leave of absence or because you have a disability, you may have a claim against your employer.

If you have issues at work regarding pregnancy, leave of absence or disability, please contact us: