Legal Question in Employment Law in Massachusetts

Re: Family Leave Act

Here is the Mass. law as it is currently.

General Laws c. 149, � 105D, as inserted by St.1972, c. 790,� 1, which governs return to work following maternity leave, provides that upon return, a woman "shall be restored to her previous, or a similar, position with the same status, pay, length of service credit and seniority ..." (emphasis added).

There does not appear to be a Mass. case requiring the employer to allow returning only to a part-time position.

A employment-law atty might see your friend's case as an opportunity to make new law.

Depends on the reasons your friend gives for wanting fewer hours. Clearly one reason is a new baby in the house. I think, though, that it has to be MORE than that, given that when the legislature wrote the Maternity Leave Act, they knew there would be a new baby in the house.

An employer has the right to make bonafide business decisions.

Let me know and I'll put you in contact with some good MELA attys. MELA= Mass. Employment Lawyers Association. I used to do lots of employment law, but got out of that end of the law business a number of years ago, so a current MELA atty would be best to answer your question.