Employee Resources

An offer of health coverage from the Commonwealth of Massachusetts, as the employer, could affect your eligibility for these credits and subsidies through the Health Connector. If your income meets the eligibility criteria, you will qualify for credits and subsidies through the Health Connector if:

• The Commonwealth of Massachusetts does not offer coverage to you, or
• The Commonwealth of Massachusetts offers you coverage, but:
  • The coverage the Commonwealth of Massachusetts provides you (not including other family members) would require you to spend more than 9.5 percent of your household income for the year; or
  • The coverage the Commonwealth of Massachusetts provides does not meet the "minimum value" standard set by the new national health reform law (which says that the plan offered has to cover at least 60 percent of total allowed costs)

If you purchase a health plan through the Health Connector instead of accepting health coverage offered by the Commonwealth of Massachusetts please note that you will lose the employer contribution (if any) for your health insurance. Also, please note that the amount that you and your employer contribute to your employer-sponsored health insurance is often excluded from federal and state income taxes. Health Connector premiums have different tax treatment.

As part of considering whether the ACA and Marketplaces will affect you as an employee it is important to understand what the Commonwealth of Massachusetts offers you.

• The Commonwealth offers benefited employees health coverage through the Group Insurance Commission. To be eligible for GIC health insurance, a state employee must work a minimum of 18 ¾ hours in a 37.5 hour workweek or 20 hours in a 40 hour workweek. The employee must contribute to a participating GIC retirement system, such as the State Board of Retirement, a municipal retirement board, the Teachers Retirement Board, the Optional Retirement Pension System for Higher Education, a Housing, Redevelopment Retirement Plan, or another Massachusetts public sector retirement system (OBRA is not such a public retirement system for this purpose. Visit www.mass.gov/gic or see your GIC Coordinator for more information.
• Temporary employees, contractors, less-than-half time part time workers, and most seasonal employees are not eligible for GIC health insurance benefits. These employees may shop for health insurance through the Health Connector and may be eligible for advanced premium federal tax credits and/or state subsidies if their gross family income is at or below 400% Federal Poverty Level (which is approximately $46,000 for an individual and

$94,000 for a family of four). Visit www.MAhealthconnector.org or call 1-877-MA-ENROLL for more information.

If there is any confusion around your employment status and what you are eligible for, please email healthmarketplacenotice@massmail.state.ma.us or contact your HR department or GIC Coordinator.

This is a summary of the key provisions of the “Commonwealth of Massachusetts Tax-Deferred Savings Plan”. The Plan supplements benefits of the state’s retirement plans. The plan is intended to operate under Internal Revenue Code Section 403(b) and is subject to the fiduciary standards described in Massachusetts General Laws Chapter 32, Section 23.

Commonwealth’s 403(b) Plan gives participants the opportunity to supplement your core retirement benefits. Saving a percentage of your salary or fix amount from each paycheck can have more money at retirement. The Plan provides tax-deferral of your contributions and any investment growth and interest that accumulates in your account. The Commonwealth does not contribute to the Plan.

The Commonwealth sends your contributions to the Contract Provider you select. Contract Providers are those holding a valid Contract for Service with the Commonwealth. You control investment of your contributions, using funds available from your Provider. Your voluntary contributions to the Plan are made automatically through the payroll system. This allows the Commonwealth to deduct your savings before income taxes are applied to your salary with each biweekly payroll. Taxes are due when you take money out of the Plan.

While the Commonwealth expects your savings to be used over the long term, for retirement, you have access to your savings in an emergency and through a loan provision and withdrawals when you reach age 59 ½ and above. More information on page 5.

Eligibility & Enrollment

Eligibility: All employees of the employing departments listed below are eligible to participate in the Plan; except that student employees are not eligible. If you transfer to a non-education-based state agency you will not make further tax-deferred contributions to your account under the Plan. The funds will have to stay in the plan until either you terminate from The Commonwealth or reach age to qualify for a withdrawal.

Eligible Departments:

1. The Secretariat of Education
2. Department of Higher Education
3. Department of Elementary and Secondary Education
4. Department of Early Education and Care
5. State Universities, Community Colleges, Maritime Academy

Enrollment: You may enroll in the Plan immediately upon employment with the Commonwealth or any time after that. 

The enrollment process involves these two steps:

1. Determine the amount you wish to contribute to the Plan.

2. You must select a Provider and set up an account to invest your contributions. Must open a new account even if you are already that company’s customer. Your department/institution’s Benefits Administrator has informational enrollment kits for each of the Plan’s Providers.

3. You must complete a Salary Reduction Agreement with your department/institution, indicating the amount of your biweekly contribution. Agreements are available at your department/institution’s Benefits Office. You must return the signed Agreement to your Benefits Administrator. They will implement the Agreement, and your contributions will begin with the current or next pay period, or when you designate otherwise.
   
   Maximum Contribution Amounts: The Internal Revenue Service imposes limits on the amount of tax-deferred contribution you can make every year. The limits depend on your age at the end of each December 31.
   
   Younger than age 50: $19,500.00 (2021)
   
   Age 50 and older: $19,500.00+$6500.00= $26,000.00 (2021)
   
   Change Contributions: You can change the amount of your contribution at any time; simply ask your institution’s Benefits Administrator for a new Salary Reduction Agreement.
   
   Coordinating Contributions with other Plans: The Internal Revenue Service requires you to coordinate your contributions to this plan with contributions to other plans, for purposes of determining your maximum contribution amount each year.
   
   These special requirements are:
   
   1. Voluntary Contributions: Voluntary tax-deferred contributions (often called “elective deferrals) to other employers’ plans that operate under Tax Code Sections 403(b) and 401(k) must be coordinated with your contributions to this Plan. You must report the amounts of your tax-deferred contributions to these other employers’ plans to your Benefits Administrator.
   
   2.  Controlled Employers:  You must coordinate contributions to a qualified retirement plan of an employer that you control (you own more than 50% of that employer) with contributions to this Plan. The other “employer” may be a corporation, partnership, sole proprietorship, or other type of employer. It is important that you report ownership of another employer to your Benefits Administrator.
   
   Smart Plan: Elective contributions to the Commonwealth’s “Smart Plan” are not coordinated with contributions to this Plan. You may contribute up to the maximum amount in both plans.
   
   Uniformed Services:  Employees, whose employment is interrupted by qualified military service, may make additional tax-deferred contributions to the Plan upon resumption of their employment. Contact your Benefits Administrator with questions about this feature.

About Plan Providers

There is a choice of three providers

Fidelity Investments

• www.fidelity.com/atwork
• Planning and Guidance Representatives: 800.248.4213

TIAA-CREF

• www.tiaa-cref.org
• 800.842.2252

VALIC

• www.valic.com
• 800.448.2542 (Representatives are available Monday-Friday 800 a.m. to 9:00 p.m. ET)

The Commonwealth’s Provider selection is intended to offer employees a variety of products, investment opportunities and service delivery models. Participants may allocate all their biweekly contributions to either one Provider or a maximum of two Providers.

Change Providers:  You can change the Contract Provider(s) to which your contributions are sent at any time. You must complete a new Salary Reduction Agreement, identifying your new Provider(s), and give the Agreement to your Benefits Administrator. You must also complete a new account application for any new Provider(s) and submit the application directly to the Provider(s) prior to returning the Salary Reduction Agreement to your administrator.

Rollovers into the Plan

The Plan accepts rollovers from other retirement plans. Amounts you roll into this plan may only be accepted by Contract Providers and will be treated as Plan Contributions for purposes of making distributions to you.

Contract Exchanges into the Plan

You may exchange another contract issued under Tax Code Section 403(b) into this plan if the exchange otherwise meets the Internal Revenue Service’s rules governing such transactions. Exchanges into the Plan may be made only to 3 current providers. Amounts you deposit in this plan as an exchange will be treated as Plan Contributions for purposes of making distributions to you.

Loans

Loans from your account are permitted under the Plan in accordance with the rules governing loans set by the Internal Revenue Service, your Provider’s product, and the Plan’s provisions. While loans from the Plan may be made for any purpose, the Plan Administrator will determine your eligibility for a loan.

Maximum Loan Amount: The maximum amount of your loan is generally the lesser of:

1. 50% of your account balance under the Plan; and
2. $50,000.00

You should contact your Provider to discuss submitting a loan request.

Minimum Loan Amount:  The minimum loan from the Plan is $1,000.00

Loan Repayment Period:  The loan repayment period is generally five years; the minimum period is one year.

Principal Residence Repayment: Loans from the Plan for use in purchasing your principal residence may be repaid over periods up to fifteen years.

Outstanding Loans: Participants may have only two loans outstanding at any time.

Loan Defaults: If you default on your loan payments, then your loan will be considered a taxable distribution to you from the Plan. Additionally, a loan currently in default precludes you from taking another loan under the Plan.

Financial Hardship

The Internal Revenue Service defines “financial hardship” to be an immediate and heavy financial burden that cannot be met by resources other than your assets in the Plan. The Plan Administrator will determine your eligibility for a distribution from the Plan because of financial hardship.

The Commonwealth utilizes the Internal Revenue Services’ safe harbor to administer hardship withdrawals from the Plan. This means that participants must take all loans for which they are eligible from the Commonwealth’s plans prior to being eligible for a hardship withdrawal. Additionally, you must discontinue your contributions to the Plan for six months.

You must complete the “Hardship Withdrawal” request which the Plan Administrator will provide and furnish the necessary documentation to demonstrate that your need will meet the Internal Revenue Service’s rules governing “Hardship Withdrawals”.

Distributions

Distribution Trigger Events:  Distributions from the Plan are payable to either you or your beneficiaries upon one of the following “trigger events”:

• Your termination of employment with The Commonwealth.
• Your attaining Age 59 ½.
• Upon your becoming disabled (the Plan Administrator determines participant’s disability)
• Because of financial hardship you incur (as defined by the Internal Revenue Service); and
• Upon your death.

Permissive Service Credit Transfers

Participants, who are members of the State Employees Retirement System, or other qualified state defined benefit plan, may transfer funds from this plan to the state pension plan for purposes of purchasing service credits. These transfers may be made only if the state pension accepts such transfers.

Rollover of Distributions: The Plan will rollover distributions to a qualified recipient plan or Individual Retirement Account upon your request. Please note that not all distributions are eligible for rollover treatment. You should discuss distribution types with your Provider, and tax matters with qualified counsel.

Required Minimum Distributions:  The Internal Revenue Service requires minimum amounts to be distributed from the Plan to you after your attaining age 70 ½ and terminating employment with the Commonwealth. You should contact your Provider(s) to determine the amount of your required minimum amount

Taxation: Income tax is payable on amounts you draw from the Plan. Your Provider will assist you with any tax withholding that is either required by state and federal governments or requested by you. You should discuss all tax matters relating to the Plan with qualified counsel.

Early Withdrawal Penalty: Certain distributions paid prior to your attaining age 59 ½ may be subject to a 10% Early Withdrawal Penalty imposed by the Tax Code.

Domestic Relations Orders

Participants who have received a Domestic Relations Order from a court should present the Order to the Plan Administrator for review. You can find a sample DRO on our website http://www.mass.edu/forfacstaff/otherretirement/403b_home.asp.

If the Order is accepted by the Administrator on behalf of the Plan, then the Administrator will direct the affected Provider(s) to implement the Order. If the Domestic Relations Order is not acceptable to the Plan, the Administrator will return the Order to the Participant with recommendations for corrections with the intent that the Order will be revised to a form that is acceptable to the Plan.

Miscellaneous Provisions

Amendment and Termination of the Plan: The Commonwealth reserves the right to amend the Plan when necessary, or to terminate it at any time.

Employer: The Commonwealth of Massachusetts is the employer.

Effective Date of the Plan: The Plan became effective as of January 1, 2009.

Plan Administrator: The Commonwealth is the Plan Administrator. 

Department of Higher Education
One Ashburton Place Room 1401
Boston, MA 02108
Fax number 617.994.6951

http://www.mass.edu/forfacstaff/otherretirement/403b_home.asp

Email questions to 403(b)@bhe.mass.edu

Plan Year:  The Plan Year is a calendar year.

What is FICA tax?

(Federal Insurance Contribution Act) FICA Provides benefits for retired workers and their dependents as well as for disabled workers and their dependents.

What is Medicare tax?

Government service that helps provide healthcare for senior citizens and disabled U.S. citizens.

Who has to pay FICA/Medicare tax?

All employees except for the following:

1. Any working student registered and attending classes worth 6 (six) or more credit hours
2. Qualifying Nonresident Alien employees under tax treaty.

How are FICA and Medicare tax calculated?

FICA is 6.2% of Taxable Gross for employees and 6.2% for employers. Medicare is 1.45% of Taxable Gross up to $200,000 and 2.35% on wages over $200,000

What is the FICA cap for the current year?

2014- $117,000

There is no cap Medicare

I am receiving Social Security Benefits do I still have to pay FICA and Medicare Tax on wages I earn?

Generally, yes.

If you have additional questions, please refer to Publication 15 available at www.irs.gov

The Ethics Reform Law requires that the College provide each of its employees a summary of the Conflict of Interest Law prepared by the Massachusetts State Ethics Commission each year. The Ethics Reform Law also requires that College employees complete the State Ethics Commission’s online Conflict of Interest training program every two years. All employees must complete this training within 30 days of becoming a College employee, and then once every two years thereafter.

Step 1: Obtain and Review the Summary of the Conflict of Interest Law

After you enter read the Summary of the Conflict of Interest Law for State Employees . You must acknowledge receipt of the summary by either return e-mail to or by printing a hard copy of the "Acknowledgement of Receipt" at the end of the summary, signing it, and returning it to Human Resources..

Step 2: Complete the Conflict of Interest Law Online Training

https://massethicstraining.skillburst.com/User/index.php

Adjust the audio on your computer to the preferred volume, and/or utilize headphones. Review the contents of Page 1 of the training, then click the blue arrow button (“When you are ready to proceed, click the next arrow button”) at the bottom right-hand corner of the page to proceed to the next page of the Conflict of Interest Law Online Training.

Tip#1: Use the scroll bar on the right side of the training window if you can’t see the advance arrow on the bottom of the training content window.

Tip #2: Be sure to turn off pop-up blockers.

The training will provide information pertaining to 7 topics, which are identified on the left-side of the page. After you review each page of the training, continue to click the blue arrow button at the bottom right-hand corner of each page of the training to proceed to the next page of the training.

Step 3: Complete the Learning Assessment

After completing the portion of the training that provides information on the Conflict of Interest Law, you must complete the Learning Assessment. To begin, click the Appointed Employee Assessment button. Next, proceed to answer Questions 1-10 of the Learning Assessment.

Tip #3: At the beginning of the Learning Assessment, the window may appear blank. While the narrator speaks more information on the screen fills in. At the bottom of the window you can see the narration progressing and the Appointed Employee Assessment button will appear.

NOTE: If you click Cancel during the assessment:

• You will exit the assessment (Your answers will not be saved!) 
• Review the course material (using the Contents menu to jump to desired topics) 
• Take the assessment again

Step 4: Request Course Credit

After successfully completing the Learning Assessment, request course credit by clicking the button on the right-hand side of the page that says “Course Credit.” 

After clicking the “Course Credit” button, your completion of the Conflict of Interest training will be recorded and maintained in Blackboard. Clicking the “Course Credit” button will automatically notify the College that you completed the Conflict of Interest training. Please be aware that, after clicking the “Course Credit” button, you will not receive any notification on the screen indicating that your completion of the training was recorded. If you have any concerns that Blackboard did not process your course credit, please contact Darcy Orellana in Human Resources.

You will not need to take the Conflict of Interest training again until 2 years from the date of completion of the training

STEP 5: Print a Course Completion Certificate

After clicking the “Course Credit” button, you may print out a course completion certification for your records. Click on the “Print Certificate” button to proceed to the page to create and print the certificate.

If you have any questions, please contact Jessica Schavrien, Human Resources Generalist, via phone at 508.854.2861or via email at jschavrien@qcc.mass.edu.

Employee Self-Service is now available for you to view and update certain personal and payroll related information. Employee Self-Service is easy to access and use. All you need is an Internet connection and a supported browser. Below is some helpful information to help you navigate the system.

Your user ID is (Employee ID). For Employee Self-Service questions, please contact Kathy Uribe at extension 4401, or Peggy Tata at extension 4304.

The website is: www.mass.gov/masshr. Click on the blue Employee Self Service box. This will take you to the Log in Page. It may be helpful to bookmark the Log in Page.

Login ID and Password

Your default Employee Self-Service password is the First letter of your first name capitalized + the first letter of your last name, lower case + your Employee ID + the last 4 digits of your Social Security Number. When you log in to Employee Self-Service for the first time, you will be prompted to change your password and select the security questions you will be asked if you need to re-set your password.

• Ex: Bob Smith ID 123456 SS# xx-xx-5254
• Bs1234565254

Employee Support

When you begin using Employee Self-Service, the HR/Payroll Department will be available to answer your payroll and personal information update questions and to re-set your Self-Service Password if necessary.

Confirm Email

In order to receive important Employee Self-Service notices, employees must have an email address in the system. We ask that you follow the steps below to confirm your email is accurate in the system. The step-by-step guidance is provided for employees new to Self-Service only. Employees currently using Self-Service Time and Attendance should have a valid email address in the system.

Follow these steps to view and update an email address:

• Navigate to the MassHR homepage (http://www.mass.gov/masshr).
• Click the “Employee Self-Service” link.
• Log in with your Employee ID and password.
• Click “My System Profile” in the menu on the left and you will arrive at the General Profile Information page.
• Review the “Primary Email Account” email address for accuracy and make updates, if necessary, in the “Email Address” text box.
• Click “Save.”

Employees can view current paychecks within Employee Self-Service as a PDF and historical paychecks as a Webpage (HTML).

Important Reminders:

• Employees should contact their Agency Payroll Department with paycheck related questions.

View Paycheck:

Understanding your Paycheck:

Click on the specific check date YYYY-MM-DD CHECK DATE link within the VIEW PAYCHECK page to access the desired paycheck you wish to view.

Important Information:

• If the Check Box is filled with a check mark, only a PDF is available. Ensure that your Pop-Up Blocker is turned off within your Internet Preferences to access.
• If the Check Box is empty, a PDF is not available. The paycheck is only available to view as a web page.

PDF File Check View: Your Paycheck will display in a PDF format.

Massachusetts Commission Against Discrimination
MCAD Guidance
Issued 1/23/2018

The Pregnant Workers Fairness Act (“the Act”) amends the current statute prohibiting discrimination in employment, G.L. c. 151B, §4, enforced by the Massachusetts Commission Against Discrimination (MCAD). The Act, effective on April 1, 2018, expressly prohibits employment discrimination on the basis of pregnancy and pregnancy-related conditions, such as lactation or the need to express breast milk for a nursing child. It also describes employers’ obligations to employees that are pregnant or lactating and the protections these employees are entitled to receive. Generally, employers may not treat employees or job applicants less favorably than other employees based on pregnancy or pregnancy-related conditions and have an obligation to accommodate pregnant workers.

Under the Act:

• Upon request for an accommodation, the employer has an obligation to communicate with the employee in order to determine a reasonable accommodation for the pregnancy or pregnancy-related condition. This is called an “interactive process,” and it must be done in good faith. A reasonable accommodation is a modification or adjustment that allows the employee or job applicant to perform the essential functions of the job while pregnant or experiencing a pregnancy-related condition, without undue hardship to the employer.
• An employer must accommodate conditions related to pregnancy, including post-pregnancy conditions such as the need to express breast milk for a nursing child, unless doing so would pose an undue hardship on the employer. “Undue hardship” means that providing the accommodation would cause the employer significant difficulty or expense.
• An employer cannot require a pregnant employee to accept a particular accommodation, or to begin disability or parental leave if another reasonable accommodation would enable the employee to perform the essential functions of the job without undue hardship to the employer.
• An employer cannot refuse to hire a pregnant job applicant or applicant with a pregnancy-related condition, because of the pregnancy or the pregnancy-related condition, if an applicant is capable of performing the essential functions of the position with a reasonable accommodation.
• An employer cannot deny an employment opportunity or take adverse action against an employee because of the employee’s request for or use of a reasonable accommodation for a pregnancy or pregnancy-related condition.
• An employer cannot require medical documentation about the need for an accommodation if the accommodation requested is for: (i) more frequent restroom, food or water breaks; (ii) seating; (iii) limits on lifting no more than 20 pounds; and (iv) private, non-bathroom space for expressing breast milk. An employer, may, however, request medical documentation for other accommodations.
• Employers must provide written notice to employees of the right to be free from discrimination due to pregnancy or a condition related to pregnancy, including the right to reasonable accommodations for conditions related to pregnancy, in a handbook, pamphlet, or other means of notice no later than April 1, 2018.
• Employers must also provide written notice of employees’ rights under the Act: (1) to new employees at or prior to the start of employment; and (2) to an employee who notifies the employer of a pregnancy or a pregnancy-related condition, no more than 10 days after such notification.

The foregoing is a synopsis of the requirements under the Act, and both employees and employers are encouraged to read the full text of the law available on the General Court’s website here:

https://malegislature.gov/Laws/SessionLaws/Acts/2017/Chapter54.

If you believe you have been discriminated against on the basis of pregnancy or a pregnancy-related condition, you may file a formal complaint with the MCAD. You may also have the right to file a complaint with the Equal Employment Opportunity Commission if the conduct violates the Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act of 1964. Both agencies require the formal complaint to be filed within 300 days of the discriminatory act.

Boston Headquarters: One Ashburton Place, Room 601, Boston, MA 02108 | (617) 994-6000 Springfield: 436 Dwight Street, Room 220, Springfield, MA 01103 | (413) 739-2145
Worcester: 484 Main Street, Room 320, Worcester, MA 01608 | (508) 453-9630
New Bedford: 128 Union Street, Suite 206 New Bedford, MA 02740 | (774) 510-5801

MCAD Q&A
Issued 2/6/2018

The Pregnant Workers Fairness Act, effective April 1, 2018, amends Massachusetts’ current law against discrimination in employment, G.L. c. 151B, §4, to expressly forbid discrimination against employees due to pregnancy or conditions related to pregnancy. The Act also requires employers to provide “reasonable accommodations” to an employee who is pregnant or who has a condition related to pregnancy. The law is enforced by the Massachusetts Commission Against Discrimination (MCAD). Frequently Asked Questions (FAQs) are answered below.

Q1. What does the Act do?

A1. Under the Act, employers:

• Cannot discriminate against employees due to pregnancy or a condition related to pregnancy.
• Must grant an employee a “reasonable accommodation” for an employee’s pregnancy or condition related to pregnancy, unless doing so would impose an “undue hardship” on the employer. For definitions of “condition related to pregnancy,” “reasonable accommodation” and “undue hardship,” please see Q&A 2, 3, and 4.
• Cannot deny an employment opportunity to, or take an adverse (negative) action against, an employee because of the employee’s request for or use of a reasonable accommodation.
• Cannot make an employee accept a particular accommodation if another reasonable accommodation would allow the employee to perform the essential functions of the job, or require an employee to take a leave if another reasonable accommodation may be provided without undue hardship.
• Cannot refuse to hire a person who is pregnant because of the pregnancy or a pregnancy-related condition, if the person can perform the essential functions of the position with a reasonable accommodation.
• Must communicate with the employee in a timely, good faith, interactive process, once an employer is on notice of the need for an accommodation, in order to determine what accommodation may be needed.
• Must provide written notice to employees of their rights under the Act no later than April 1, 2018. The notice must be given to (1) new employees; and (2) an employee who notifies the employer of a pregnancy or a pregnancy-related condition, not more than 10 days after notification.

Q2. What is a “condition related to pregnancy?”

A2. A condition related to pregnancy can be during or after pregnancy. Examples include, but are not limited to, morning sickness, lactation, or the need to express breast milk. For example, if a pregnant employee needs to start her workday later than her usual start time due to morning sickness, the employee may be covered by the Act.

Q3. What is a “reasonable accommodation”?

A3. A reasonable accommodation is a modification or adjustment that allows an employee to perform the “essential functions” of the employee’s position. Some examples of reasonable accommodations are: (1) more frequent or longer breaks; (2) time off; (3) providing equipment or seating; (4) temporary transfer to a less strenuous or hazardous job; (5) job restructuring; (6) light duty; (7) private space for expressing breast milk; (8) assistance with manual labor; and (9) a modified work schedule. Employers are not required to discharge or transfer another employee with more seniority, or to promote an unqualified employee, as an accommodation.

Q4. What is an “undue hardship”?

A. An undue hardship is an action requiring significant difficulty or expense on the part of the employer. Some factors considered include (1) the nature and cost of the needed accommodation; (2) the employer’s financial resources; (3) the overall size of the business; and (4) the effect on expenses and resources of the accommodation on the employer.

Q5. How does an employee request a reasonable accommodation?

A5. An employee must notify the employer of a need for a reasonable accommodation due to pregnancy or a pregnancy-related condition. The statute does not require that the request be made in any particular fashion, i.e., orally vs. in writing. The employer must then engage in a timely, good faith, interactive “process” to determine what reasonable accommodation may be made, absent undue hardship. The process must include discussion(s) between the employee and the employer with respect to the requested accommodation.

Q6. What kind of documentation is an employer allowed to ask for in response to a request for an accommodation?

A6. Employers can generally require documentation about the need for accommodation from a healthcare professional that explains what accommodation the employee needs, and from there, the employer and employee should discuss how the accommodation(s) relate to the essential functions of the employee’s job. However, the employer cannot require documentation for an employee’s need for the following: (1) more frequent restroom, food, or water breaks; (2) seating; (3) limits on lifting more than 20 pounds; and (4) private, non-bathroom space for expressing breast milk.

Q7. How often can an employee take a break to breastfeed or express breast milk?

A7. The law does not specify or limit how often an employee can take a break to breastfeed or express breast milk. Employers should be aware that every employee has individualized needs, which may vary month to month or even day to day. Employers must allow employees to breastfeed or express milk as often as they need to do so, absent undue hardship.

Q8. How long do employees’ breaks to breastfeed or express breast milk need to last?

A8. As with the frequency of breaks, the law does not require breaks to be a specific length. However, breaks must allow the employee the time needed to breastfeed or express breast milk. Guidance from the U.S. Department of Health and Human Services, Office on Women’s Health suggests that breaks may typically last approximately 15 to 20 minutes, plus additional time to get to and from the break room and set up and break down equipment: https://www.womenshealth.gov/files/documents/bcfb_employees-guide-to-bre...

Q9. Does an employer have to pay an employee for breaks to breastfeed or express breast milk?

A9. Breaks may either be paid or unpaid under the law. However, if the employer does provide paid breaks to employees, the employer must allow the employee to use those paid breaks to breastfeed or express breast milk.

Q10. What kind of space does the employer have to provide for an employee to breastfeed or express milk?

A10. The employer must provide an employee a private, non-bathroom space to express breast milk or to breastfeed. Examples include, but are not limited to, a private room or office. The space should be free from intrusion by other employees, visitors, and the public. The space should be convenient enough for the employees that traveling to and from the space does not materially impact an employee’s break time.

Q11. What does the space have to contain?

A11. Besides being a private, non-bathroom space, the space should allow employees to comfortably express breast milk and/or breastfeed. Examples of features that should be included in the space are sufficient electrical outlets for breast pumps, tables or other surfaces to hold breast pumps and other needed items, and seating.

Q12. Can an employee be permitted to breastfeed or express milk in their personal workspace during the break, rather than taking additional unpaid time to travel to the designated private space?

A12. Yes. If the employee’s space is equivalent to a private, non-bathroom space, the employee may breastfeed or express breast milk at the workspace.

Q13. Can an employee continue working while she breastfeeds or expresses breast milk, rather than taking an unpaid break?

A13. Yes. If an employee has a private, non-bathroom space in which to work, and is able to work while breastfeeding or expressing breast milk, the employee may continue working while doing so.

Q14. Is it an undue hardship for an employer if an employee requests that another employee cover the employee’s job responsibilities while taking a break to breastfeed or express breast milk?

A14. Whether it is an undue hardship depends on the facts of each individual case. For example, an employer may be able to have another employee cover an office’s reception desk while the receptionist takes a break to breastfeed or express breast milk. Some jobs may not require another employee to cover them at all. Other jobs, such as a manufacturing line, may be more difficult for employers to accommodate. Employers and employees should attempt to resolve these issues during the interactive discussion phase of the process.

Q15. Does an employer have to provide a space for expressing breast milk for employees, if none of its employees currently need to do so?

A15. However, once the employer is on notice that an employee will need such a space, the employer should prepare the space promptly so that it is ready when needed. Additionally, employers are free to set up such a space in advance, even if none of its employees currently need one.

Q16. If an employee works less than a normal day or shift because of her paid or unpaid breaks, can an employer reduce her pay or benefits?

A16. Employers cannot take an “adverse” (negative) action against an employee because of her need to take a break permitted under the Act. For example, if an employer generally allows its employees to take breaks without loss of pay or benefits, but reduces the pay or benefits of an employee who takes breaks to express breast milk, the employer would likely be in violation of the Act.

Q17. Are there any federal laws that cover pregnancy or pregnancy-related conditions?

A17. Title VII prohibits discrimination on the basis of sex. The Pregnancy Discrimination Act bars employers from discriminating against employees on the basis of pregnancy. The Fair Labor Standards Act has requirements regarding break time for mothers who need to express breast milk. The Americans with Disabilities Act may cover certain pregnancy-related conditions. The Family and Medical Leave Act also has certain requirements regarding leave for an employee’s serious health conditions. More information on those laws is available at www.eeoc.gov and www.dol.gov.

Q18. How do federal and state laws interact?

A18. If state law provides an employee more protections than federal law, the employer must comply with the greater protections provided by state law.

Q19. What can I do if I believe I’ve been discriminated against?

A19. If you believe you have been discriminated against, you can file a complaint with the Massachusetts Commission Against Discrimination within 300 days of the date the discriminatory act occurred. You do not have to have an attorney to file a claim (though you may hire an attorney). You can contact the Commission at the information below.

Boston Headquarters: One Ashburton Place, Room 601, Boston, MA 02108 | 617.994-6000

Springfield: 436 Dwight Street, Room 220, Springfield, MA 01103 | 413.739.2145

Worcester: 484 Main Street, Room 320, Worcester, MA 01608 | 508.453.9630

New Bedford: 128 Union Street, Suite 206 New Bedford, MA 02740 | 774.510.5801

Please visit the DEI page for more information on the process and the the form to change your lived name.