Maternity Leave Denial
April 30, 2014 10:38 AM   Subscribe

Friend of a friend needs a lawyer for a maternity leave denial. Massachusetts filter.

She is a new mom to a premature baby in the Greater Boston area of Massachusetts. She is being denied maternity benefits after being told by her employer that she needed to return to work in order to save her maternity pay for when her child came home from the NICU. She did just that and now that her baby has come home, her company is now denying her coverage.

Anyone know a good family law attorney or another kind of attorney that would be appropriate in and around Boston? And to cut any questions about eligibility off, she definitely qualifies for leave under the Massachusetts Maternity Leave Act even if she may not qualify under FMLA. Please proceed with recommendations that her legally entitled time off benefits under Massachusetts law are being violated EVEN IF she is not eligible for leave under the federal statute.
posted by zizzle to Law & Government (8 answers total) 3 users marked this as a favorite
Check out both Avvo and Martindale for reputable directories of employment law attorneys.
posted by valkyryn at 10:45 AM on April 30, 2014

With something like this, it's pretty cut and dry. I would recommend your friend calling up 5-6 lawyers, trying to get through to them through their secretaries.

Whe. She finally gets on the phone with a lawyer, that's the one you want to choose. They give a shit, and have the time to devote in this case.

Good luck.
posted by hal_c_on at 10:50 AM on April 30, 2014 [4 favorites]

MBBP services companies largely; they are also really excellent. They do have employment-focused lawyers, although I suspect that they usually work on the other side. That could be useful however. I would ask this person if that is something that could be handled by them.
posted by RJ Reynolds at 11:14 AM on April 30, 2014 [2 favorites]

Hi Zizzle - please check your MeMail. I just sent you a recommendation.
posted by alms at 11:20 AM on April 30, 2014

She may be required to exhaust her administrative remedies before proceeding with a private lawsuit. I would encourage her to call the labor department for Massachusetts. Their investigation of her claim will be at no cost to her and may be a requirement before she can actually sue. This appears to be governed by the Massachusetts Commission Against Discrimination and can be reached at 617-944-6000. Here is the website:
posted by janey47 at 12:02 PM on April 30, 2014 [4 favorites]

Lawyers do a lot more than file private lawsuits. They help you understand your rights and negotiate. Relatively few situations involving lawyers actually involve lawsuits.
posted by alms at 1:11 PM on April 30, 2014 [4 favorites]

This is a very well-respected firm that does employment discrimination.
posted by caoimhe at 2:11 PM on April 30, 2014

Also MOST not take on a labor lawyer who will charge you. They get a cut of what you get, if you don't get jack, they shouldn't either.

Otherwise, it doesn't really matter to them, and they'll just go through the motions.

Good luck.
posted by hal_c_on at 7:24 PM on April 30, 2014

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