Massachusetts Amends State Maternity Leave Act to Extend Leave to Males

January 15, 2015 at 9:00 am | Posted in MMLA, Regulations, State Laws | Leave a comment
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In his last week of office, Governor Patrick signed a bill into law that amends the Massachusetts Maternity Leave Act (MMLA) by expanding parental leave in Massachusetts for both female and male employees . Currently the MMLA only permits female employees with eight weeks of job-protected maternity leave for the birth or adoption of a child. Males will be able to receive eight weeks of job protected maternity leave as well. The effective date for the change is April 7, 2015.

This change will require attention by Massachusetts employers with fewer than 50 employees who are not subject to FMLA.

Although the effective date is April 7, 2015, as a practical matter, Massachusetts employers with fewer than 50 employees should appreciate that there is federal discriminatory risk under the EEOC if they do not grant maternity leave to males now. To that end, the Massachusetts Commission Against Discrimination has cautioned employers that:

The MMLA, by its terms, provides eight weeks of maternity leave to female employees only. An employer, who complies with the MMLA by providing eight weeks of maternity leave to female employees only, does not violate a male employee’s right under Chapter 151B to be free from sex discrimination. However, an employer who provides leave to female employees only, and not to male employees, may violate the federal prohibitions against sex discrimination even though the employer has acted in compliance with the MMLA.

 

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