The Massachusetts Maternity Leave Act Now Applies to Both Men and Women
In a rather startling development that specifically contradicts previously issued guidance, the Massachusetts Commission Against Discrimination (MCAD) has announced that it will apply the Massachusetts Maternity Leave Act (MMLA) to both men and women, notwithstanding the fact that the text of the statute refers only to women. The MMLA applies to all Massachusetts employers with 6 or more employees.
Under the literal terms of the MMLA, women who have worked full-time for at least three consecutive months are eligible to take up to eight weeks of unpaid leave to care for a newborn child or to adopt a child under the age of 18 (or under the age of 23 if the child is mentally or physically disabled). At the end of such leave, employers must restore the employee to her previous (or similar) position. Under the MCAD's new approach, men meeting the service requirements will be entitled to similar protections. (Note that the federal Family and Medical Leave Act (FMLA) already requires employers to provide eligible men with up to 12 weeks of unpaid parental leave. Because FMLA and MMLA leave run concurrently, only those men not eligible for FMLA leave will be impacted.)
