Massachusetts: New Parental Leave Law Extends Protections to Male Employees

As of April 7, 2015, a new law replaced the Massachusetts Maternity Leave Act (MLA), which provided only female employees with eight weeks of job-protected maternity leave for the birth or adoption of a child. The extension of parental leave to male employees will require significant policy changes for Massachusetts employers with fewer than 50 employees, as they are not already covered by the Family and Medical Leave Act (FMLA) which applies to both male and female employees.

Parental Leave Law Now Consistent With EEOC Guidance

The law now provides that any Massachusetts employee who meets the eligibility requirements of the MLA is entitled to eight weeks of parental leave and must be reinstated to the same or similar position he or she held before the leave. The new law is consistent with guidance from the federal Equal Employment Opportunity Commission, which has declared that "parental leave must be provided to similarly situated men and women on the same terms."

Protections for Leave Beyond Eight Weeks

In addition to expanding the MLA to apply to male employees, the parental leave act makes another key change to the current law. Under the new law, if an employer agrees to provide an employee with more than eight weeks of parental leave, the employer cannot deny the employee rights under the law (such as reinstatement) unless the employer: 1) clearly informs the employee in writing that taking longer than eight weeks of parental leave will result in a denial of reinstatement or loss of other rights and benefits, and 2) does so prior to the beginning of the parental leave and again prior to extension of that leave. If an employer does not take these affirmative steps but agrees to extend an employee's parental leave beyond eight weeks, the entire period of leave will be job-protected under the new law.   

Additional Changes

The new parental leave act also made the following changes to the MLA:

*It covers employees who have a child placed with them pursuant to a court order.

*It clarifies that any two employees of the same employer shall only be entitled to a total of eight weeks of parental leave.

*If an employer requires an employee to complete an initial probationary period as a term of employment, the period cannot exceed three months for purposes of eligibility under the parental leave act.

*An employee is allowed to provide notice "as soon as practicable if the delay is for reasons beyond the individual's control," rather than the previous requirement of at least two weeks' notice.

Are you in Compliance?

If you have locations in Massachusetts or employees who may be covered by the expanded law, you should review and revise your leave policies to be consistent with the new parental leave act. If you are covered by the FMLA, be aware that Massachusetts employees who have exhausted their FMLA leave for reasons other than those covered by the Massachusetts statute are still entitled to parental leave under the new law.

Office of Disability Employment Policy (ODEP) of the Department of Labor (DOL)

This month's installment of The United States Labor Department (DOL), Who Are They, What Can They Offer You? will be covering the ODEP.

We covered Occupational Safety & Health Administration (OSHA) in our December issue, the Wage and Hour Division in February's issue, we delved into the Employee Benefits Security Administration (EBSA) in March, we explored Employment and Training Administration (ETA) from a business perspective in May and today we will provide you with some contact information on integrating the disabled into your workforce.

Since the fall of 2001, the ODEP's mission is to develop and influence policies and practices that increase the number of quality employment opportunities for people with disabilities.

In 2014 the ODEP continued to support, co-manage or collaborate in approximately 55 programs. The following are just a sampling of these programs.

• Add Us In consortia
• Job Accommodation Network, National Collaborative on Workforce and Disability for Youth, National Center on Leadership for the Employment and Economic Advancement of People with Disabilities, Partnership on Employment and Accessible Technology
• Employment First State Leadership Mentoring Program
• Inclusive Service - Use of Social Security Work Incentives, a white paper on the use of social security work incentives to promote work-based learning in youth employment and training programs with a particular focus on national service programs, such as AmeriCorps and AmeriCorps VISTA
• Ladders of Opportunity - a public transit initiative
• National Employer Policy, Research and Technical Assistance Center on the Employment of People with Disabilities
• National Employer Policy, Research and Technical Assistance Center on the Employment of People with Disabilities will be managed and operated by The Viscardi Center in Albertson, NY. This center is a resource to assist employers with recruiting, hiring, retaining and promoting people with disabilities, with a focus on federal agencies, federal contractors, small businesses and state governments. Call 1-855-AskEARN (1-855-275-3276) or go to their website: http://askearn.org
• PEATworks.org - a comprehensive web portal designed to help employers and the technology industry adopt accessible technology as part of everyday business practices so that all workers can benefit.
• Return to Work Initiative
• Workforce Innovation and Opportunity Act (WIOA)
• Workforce Recruitment Program co-managed with the Department of Defense

Communications Issued in 2014:

• Promoting-Financial-Capability-Of-Workers-With-Disabilities (Memorandum)
• Best Practices in Employee Retention and Return-to-Work: An In-Depth Look Inside an Exemplary American Corporation (Report)
• Employer Engagement Strategy: Workforce Inclusion (White Paper)

If you have questions on integrating the disabled into your workforce click here for more information.