MASSACHUSETTS MATERNITY LEAVE ACT (MMLA)
M.G.L. CHAPTER 149 SECTION 105d

MMLA VS. FMLA
A QUICK COMPARISON

XXXXXXX
MMLA
FMLA
Number of Employees Required for Coverage 6 or more 50 or more
Eligibility -Completed probation of 3 months of employment
- 2 weeks notice of departure date and intent to return
1 year and 1250 hours
Paid/unpaid - Paid leave (sick or vacation) may be used
- May not be required
-May require employee to exhaust paid leave
Job restoration after leave Previous or similar status, pay, length of service credit, and seniority Same
Additional Leave If employee is disabled after end of MMLA leave, may need FMLA leave as reasonable accommodation. If FMLA has been exhausted, employee is still entitled to MMLA leave.
Amount of leave - 8 weeks for purpose of giving birth or adopting
- Multiple leaves are okay
Limited: 12 weeks within 12 month period
Overlap MMLA leave can count simultaneously as FMLA leave If FMLA leave taken for another purpose, employee is still entitled to MMLA leave.
Notice No requirement that employer specifically employer designate the leave as MMLA Designation of leave as FMLA required to count towards employee's allotted leave