Submitted by scorpio11679 on Fri, 09/10/2010 - 12:46
My wife was a retail store manager for a small business which was sold one week before her planned maternity leave began. Upon notification of her intent to return (which had been discussed with the new owner prior to her leave), the store owner implied that there would be no hours available for her to return. Although she had been employed by this store for over one year, she only worked for this employer for one week. Is she entitled to any protection under the MMLA or the FMLA?
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Editor's Response
First, the FMLA applies to companies with 60 or more employees, while the State Maternity Leave Act applies to companies with 6-60 employees. So it sounds like the FMLA is not applicable in any case and, depending on how many employees the new owner retains, the Massachusetts Maternity Leave Act may also be inapplicable.
Beyond that, I don't know the answer to this very good question. MA General Laws Chapter 149, Section 105D states that the Act is applicable in cases where the employee has "been employed by the same employer for at least three consecutive months as a full-time employee." So, if the new owner is a sole proprietorship, he or she might argue that your wife has not been employed by the "same employer" for three months. Short of contacting an employment law attorney, you might find your answer by calling the Attorney General's Fair Labor Hotline at (617) 727-3465. Let us know if you find some helpful information.