Massachusetts Maternity Leave Act (MMLA)
A female employee who has been employed by the Conservatory for at least three (3) consecutive months as a full-time employee is eligible for an unpaid leave of absence not to exceed eight weeks for the purpose of giving birth or for adopting a child under the age of eighteen or for adopting a child under the age of twenty-three if the child is mentally or physically disabled. The employee must give at least two (2) weeks' notice to the Conservatory of her anticipated date of departure and intention to return. The employee shall be restored to her previous, or a similar, position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of her leave, unless other employees of equal seniority and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such leave.
Use of Vacation, Sick and Personal days:
A. Use of accrued but unused vacation or personal time: Employers cannot require an employee to use her accrued paid leave or personal time concurrently with all or part of her maternity leave under the MMLA, even if such requirement is imposed upon similarly situated person who take leave for other reasons.
B. Use of sick days: An employer may not require an employee to use her accrued sick leave for any part of her maternity leave under the MMLA that satisfies the employer's sick leave policy, even if the employer requires its employees to use accrued sick leave for other types of absences that satisfy the employer's policy.
Eligibility: Administrative employees whose regular work schedule is at least half-time for at least nine months per year are eligible for paid parental leave benefits in accordance with this policy after completion of one continuous year of service.
Benefits: An eligible employee who gives birth or who is a primary caretaker of a newly adopted child under the age of eighteen or a child under the age of twenty-three if the child is mentally or physically disabled is eligible for six consecutive weeks leave with normal pay and benefits during the period surrounding the birth or adoption. For purposes of this policy, a "primary caretaker" shall be that person who takes primary responsibility for the care of an infant or child. In order to exercise the primary caretaker benefit, a staff member must declare via a health care certification and medical leave of absence form that she or he is the primary caretaker. This policy depends upon, and assumes, the good faith of its participants. Leave benefits will be paid only for periods in which the employee would otherwise have worked. Both FMLA leave and MMLA leave will run concurrently with Parental Leave to the extent the employee is eligible for leave under those Acts.
An eligible employee whose spouse gives birth or who is a primary caretaker of a newly adopted child under the age of eighteen or a child under the age of twenty-three if the child is mentally or physically disabled is eligible for one week leave with normal pay and benefits during the period surrounding the birth or adoption.
If a birth mother is disabled from returning to her job after the expiration of Parental Leave, accrued paid sick time may be used. If the birth mother is also on Maternity Leave and/or FMLA leave, use of any accrued sick time, vacation and/or personal days through the expiration of those leaves is governed by the MMLA and FMLA policies. If the birth mother remains disabled from returning to her job at the conclusion of her Parental, Maternity and/or FMLA leaves, she may utilize any remaining accrued paid leave and should apply for short-term disability benefits, if eligible. If not eligible for short-term disability benefits, the employee may request an unpaid personal leave. (See below).
Conservatory contributions to health and/or dental benefits in which the employee was already enrolled would continue for 12 weeks to the extent provided by the Family and Medical Leave Act.