CORRECTED TYPO (FMLA leave is 12 weeks, not 17)

MANAGEMENT MOXIE Nimble News

IT’S OFFICIAL – MEN ARE ELIGIBLE FOR MATERNITY BENEFITS

The Massachusetts Commission Against Discrimination (MCAD) has put into action what it forewarned in the past. Martin B. Ebel, the commissioner of the MCAD, recently announced that his office plans to immediately apply the Massachusetts Maternity Leave Act (MMLA) to both men and women and prosecute MMLA cases in a gender - neutral fashion. We are advising all of our clients to immediately update their leave practices, personnel policies and employee handbooks to avoid liability for sex discrimination.

Here is a brief overview of the MMLA:

Applies to all employers (individuals, governments, labor organizations, mutual companies, joint stock companies, unincorporated organizations etc.) having six (6) or more employees.
To be eligible, the employee must have completed the initial probationary period, or if no probationary period or at least three (3) consecutive months of full time work;
If the employee provides the employer at least two (2) weeks notice of the anticipated date of departure and intention to return; then the employee is entitled to unpaid leave for a period not exceeding eight (8) weeks for the purpose of:

Giving birth; or
Adopting a child under the age of 18; or
Adopting a child under the age of 23, if the child is mentally or physically disabled;

If an employer generally provides pay to employees who are on extended sick leave, the employer must provide pay to employees on maternity leave;
If the maternity leave is unpaid, the employee must be permitted to use, concurrently with the maternity leave, accrued paid sick, vacation or personal time;
An employee may voluntarily use any accrued vacation or personal time but employers cannot require the use of such accruals. If an employer provides paid sick leave, then the employee must use sick leave concurrently with any part of her maternity leave that satisfies the employers sick leave policy;
An employee on MMLA leave must be restored to the previous or similar position upon return to employment following leave.

The MCAD guidelines governing the Massachusetts Maternity Leave Act are gender specific: "a female employee is eligible for maternity leave under the MMLA..." At the same time the guidelines provide a warning that leaving men behind may result in sex discrimination: "Providing maternity leave to female employees and not to males may, in some circumstances, constitute sex discrimination under Chapter 151B, Section 4 (1)."

Not surprisingly, the MCAD enforces the MMLA. A complaint must be filed within thirty (30) days of the alleged violation of the MMLA and the aggrieved employee is entitled to the same remedies available under Massachusetts Discrimination Law.

CONCLUSION

Now that the mystery of the contrary guidelines has been solved, we strongly encourage all employers with six (6) or more employees to amend their leave practice, policies and handbook to allow men and women to take MMLA leave. Unlike a change in the law, this new mandate will take effect immediately.

Employers with fifty (50) or more employees must also comply with the federal Family and Medical Leave Act (FMLA). Provided FMLA requirements are met, employee leave under the MMLA will count simultaneously against the twelve week FMLA entitlement.

Small employers continue to get sucked into the regulatory vacuum governing the workplace: discrimination, wage and hours, small necessities leave, health insurance continuation (mini COBRA) and now maternity leave for men. We can help.

Questions?
Contact info@neworkplacelaw.com or call 508-548-4888

Email Marketing by