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3138931 tn?1350940318

Upset...maternity Leave-part time worker in Massachusetts

In massachusetts, if you work part time, less than 25 hours a week, and have been employed at such place for 5 months, is there ANY WAY im entitled to ANY TYPE of Maternity Leave even if its unpaid??????????
17 Responses
2020005 tn?1476658962
I live in NY, but at my employer with my son it was at least 6 months, I think it also depends on the size of the company and how many workers are available. Have you talked to your employer about the specifics, like ask for paper work so he can't just TELL you something..I'd want a document of some sort with my rights on it.
3138931 tn?1350940318
i seriously cant lose my job....i have court coming up to take away the guardianship that my daughters grandma has so i can have her back, and if i am unemployed, the court will tell me no!  im such a great mom but needed help when i was at a younger age, and now that things are starting to finally go perfect and i can have my daughter again, my job tells me i dont qualify for the FMLA so they dont have to hold my job...i dont want to lose my job!!! its NOT fair!! im going to give birth next month and they expect me to come back the next day????? im choosing to breast feed....thats feeding my child every 2 hours....thats a little difficult....granted when i go back to work i want to pump, but i feel like this is unfair to my baby! :(
4144828 tn?1351683716
absolutely . have you talked to your boss about it yet ? i used to work at a dunkin in attleboro & even the expecting part time girls (like 15 hours) got unpaid leave . you need to just talk to your boss .
2020005 tn?1476658962
I would make sure you ask for a document with your rights on it, which I'm sure they have. How much longer are you planning on working? Some places require 6 months of consecutive work, and some require 12 months to qualify. Are they telling you that you won't have a job, or just that they're not required to hold it? Would your daughters grandma just grant you guardianship without battling it?
134578 tn?1602101550
Your problem is not the part-time nature of the work, more than likely, but the short time you have worked there.  Company where I work gives no leave benefits at all until someone has been there a year.  I take it you were pregnant when you got the job -- it frankly was pretty good that they hired you, a lot of companies won't, if they see the woman is pregnant.  As the earlier poster says, talk to your boss, and something is going to have to give, the demand for leave, the pumping every 2 hours, or the job.
3138931 tn?1350940318
thanks Mrs.Cxo. i work as a security guard at a mall...i was SUPPOSED to be given 32 hours a week, but since they all knew i was pregnant, they hadnt been very fair and started giving me less hours and told me straight to my face that theyre giving me so few hours bc im pregnant..and HR are the people who are saying my job isnt guarenteed!!! THATS RUDE!! after im being discriminated against??? i seriously dont want to take it to a court lol..
4144828 tn?1351683716
i would think that they have to give you some time off . it's almost like when someone has a broken foot & get's a note out of work for three week , legally they can't be fired . if they do fire you , you can take it to court , because having a BABY is a hell of a lot different than breaking a foot & taking a month off ....
4144828 tn?1351683716
lol , i just read you don't want to take it to court . just tell them you will . lol
2020005 tn?1476658962
They aren't required to hold your job if you haven't been there a certain length of time..even unpaid, it all depends on the company.
Avatar universal
Hmmm... I'd look into state disability also. In most states pregnancy qualifies and maybe your employer would be more reluctant to hold your position for you if you were out on disability leave - no one likes/wants to be viewed as the bad guy. Best wishes!!
134578 tn?1602101550
Your problem is that no matter how many names you call them, you have only worked there for 5 months.  You can say they are rude, unfair and bad for your baby, but you have no winning cards in your hand if you have been there such a short time.  And walking around angry and insulting won't make friends of the very people you need help from, your boss and his or her boss.  It is possible you are even technically still on probation -- some companies, in their employment paperwork, make everyone be on probationary status for their first few months.  

As one of the ladies asked, can't your grandma work out something with you so you don't need to go to court with her this very moment?  Even just to put everything off for a few months?  That would take the heat off if you wanted to have unpaid leave when the baby is born.
Avatar universal
I'm not sure how it works there but I hold a management position at my job in Canada and every employee signs a letter of offer which states their title, role, responsibilities, etc. They also receive an employee handbook which has EVERYTHING in detail, including all types of leaves of absence, if you do not have something like this I would call your HR department and ask some questions, ask them to send you some.informatio. regarding mat leave or a personal leave, if you can get a letter from your doctor (not a note but a formal letter) putting you off work, they usually can't do much about it. There are options out there, just do your research, if you want to talk more just msg me :) good luck
3138931 tn?1350940318
I worked everything out with my boss...i talked to him..and i do NOT want my daughters grandmother to have MY daughter...shes from her fathers side of the family and they treat me like sh*t bc i "broke up with her son" .

However, i did talk to HR and they did agree that how work WAS treating was unfair and rude AND i do qualify for LEAVE =] so my "whinning card" was not a "whinning card" it was a "concern card" and actually it paid off bc now i get what i want...Maternity Leave AND my job.

And I AM going to court with her bc I've had enough of her telling me when i can and cannot see my daughter and watching my 3yr old cry because she wants to be with me....I had a tough living situation in past and her father had ALL the help from his family while i struggled and tried to work hard ALONE to better my daughters life, and now, with out familys help, ive finally worked hard enough to now its time my little girl comes home <3 To be with her mother, and soon to be brother =]
134578 tn?1602101550
Honey, I said "winning" card, not "whining" card.  I would never dream of telling someone they were whining.  I was thinking of a poker hand, and you didn't have a lot of aces, in other words you had no cards you could toss right down and win the game with, the way you would if you had worked for the company three years and had a good work history and they loved you.  The only good card you had was the one you used, which was a calm, constructive discussion with your boss, (and of course with HR), without getting anyone's back up or acting entitled.  Since you did that, you lifted yourself right up, and got what you needed, and good on you for doing it!  You sound like you work for a good company, please know how rare that is in this day and age where people will simply fire first and find someone with fewer requests later.  Go for it with grandma, good luck.
Avatar universal
Glad everything worked out :)
3138931 tn?1350940318
oh! then i 100% totally apologize if i def came off rude bc i read what you wrote wrong!! (super hormonal, so i apologize)
134578 tn?1602101550
Well, now that you got what you want, you can relax and be gracious.  They did well by you, and deserve your smiles.
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