I am pregnant and may have to leave work prior to giving birth four weeks early. Would this four weeks count towards the 8 weeks of maternity leave I am eligible for ?
Read Similar Questions
- MA Maternity Leave
- Can employer force an employee to exhaust all vacation/sick time during maternity leave before paying STD?
- Maternity leave if I adopt a child
- Maternity Leave
- Is Employer in compliance with MMLA and FMLA under these conditions?
- Maternity/Paternity Leave in Massachusetts
- Denied raise because of maternity leave in MA
- MA employment law and maternity Leave
- Maternity/Paternity Leave in Massachusetts
- Business sold while on Maternity Leave
Recent Posts about Massachusetts Laws
| Forum | Last post |
|---|---|
|
I have a lease until June 2012, but I am very unhappy with my living situation, I pay half of the rent. I am a....
I cannot answer this question based upon your statement. Who are they....
|
2/8/2012 11:00 by Alexm2012 |
|
Is it legal for Massachusetts employer to send a SALARIED employee home for the day, without pay, for a dress ....
Federal and Massachusetts courts have upheld employee dress codes as l....
|
2/8/2012 09:09 by Munsterwoman |
|
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
I'm very sorry about your situation and the ordeal your family is goin....
|
2/7/2012 23:02 by gramy |
|
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
|
2/7/2012 08:18 by Adam13 |
|
Hi everybody.
I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
|
2/6/2012 13:50 by ilya980 |
|
I've been helping a friend pay for a lawyer to go to probate court.
Her ex-Boyfriend, whom she is taking to c....
|
2/6/2012 12:21 by rbiddle |
|
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so. In terms of civil liability (as opposed to cri....
|
2/3/2012 07:17 by Coller |
|
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
|
2/2/2012 18:50 by JGraul |
|
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
|
2/2/2012 08:07 by Sister6 |
|
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
|
1/24/2012 11:47 by RRM |
|
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
|
10/2/2011 18:37 by Anonymous |

Editor's Response
I would certainly check with your HR department to be sure, but my understanding is that, in situations like yours, the bed-rest period before the birth would not count as maternity leave because it was not taken "for the purpose of giving birth." (See Massachusetts General Laws chapter 149, Section105D.) Also, this section from 804 CMR 8.01 (Massachusetts regulations) seems to speak to your issue as well:
3) Pregnancy-Related Disabilities. Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and should be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities; provided, however, that if a disability caused or contributed to by childbirth and recovery therefrom is less than eight weeks duration or if a temporary leave policy of an employer would result in a maternity leave of less than eight weeks, a female employee who meets the requirements specified in M.G.L. c. 149, s. 105D shall be entitled to an eight week maternity leave. Nothing in the above subsection of this regulation shall be construed to limit provisions of M.G.L. c. 149, s. 105D.
So, you may be able to take sick leave or be entitled to leave under your employer's disability policy. You should also check to see if you qualify under the federal maternity leave act. Good luck.