The Massachusetts Supreme Judicial Court ruled, in a 4-to-3 decision yesterday, that women in Massachusetts who work full time for small businesses can get their jobs back after eight weeks of maternity leave, but the Massachusetts Maternity Leave Act does not protect them beyond that time.
???A female employee is only entitled to MMLA rights when she is absent from employment for no more than eight weeks,??? Justice Francis X. Spina wrote for the Court.
The Court did state, however, that women who are promised longer maternity leaves by their employers???either through collective bargaining agreements or company policy???can sue for breach or contract if their employer later reneges and fires them. ??But they do not have any protection under state law (the Massachusetts Maternity Leave Act) after eight weeks.
In the case, Sandy Stephens, a housekeeper for the president of Global NAPs Inc., a small Quincy, MA telecommunications firm, claimed her supervisor told her that, if she gave birth by cesarean section, she could take unpaid maternity leave longer than eight weeks. ??Stephens ultimately gave birth by cesarean section and claimed that, when she called her supervisor and anticipated returning to work after around 11 weeks, she learned her employer had fired her.
Stephens sued and alleged that her employer and its president violated the Massachusetts Maternity Leave Act by firing her while she was on maternity leave. ??She cited a guideline of the Massachusetts Commission against Discrimination, which enforces the law, that says employers should notify employees in writing if they do not plan to guarantee benefits beyond eight weeks.?? The SJC found, however, that the guideline is merely advisory and does not have the force of law.
???Once a female employee is absent from employment for more than eight weeks, she is no longer within the purview of the [Massachusetts Maternity Leave Act] and, consequently, is not afforded the protections conferred by the statute,?????? Justice Spina wrote for the majority.????
The decision affirmed how the law has generally been applied, and John J. Barter, a Boston lawyer who represented Global NAPs, praised the ruling as a victory for business interests.
The ruling is limited to women whose maternity leave falls under state law (typically those who work at smaller companies but with at least six employees). ??Women who work for employers with 50 or more employees are covered by the federal Family and Medical Leave Act, which provides up to 12 weeks of unpaid leave and job protection. ??The ruling does not affect the federal law.
This decision should put both employees and employers on notice.?? On one hand, women should expect no more than eight weeks of maternity leave.?? As Barter said, ???[t]he court concluded that the law says eight weeks???and eight weeks means eight weeks???so the statute controls.??? ??On the other hand, the decision removes some liability from employers, but they should pay attention to Justice Margot Botsford???s words in her dissent.?? Indeed, while employers who renege on promises to women of more than eight weeks of maternity leave may not have any liability under the Massachusetts Maternity Leave Act, they still should not use the law to employ a bait-and-switch with employees because they can, nevertheless, find themselves in court facing common law claims such breach of contract.
