New Massachusetts Parental Leave Act Entitles Both Men and Women to Eight Weeks of Parental Leave

What you need to know:

Effective April 7, 2015, Massachusetts will require employers to grant eight weeks of job-protected leave to both male and female employees in connection with the birth or adoption of a child.

What you need to do:

On January 7, 2015, former Governor Deval Patrick signed into law the Parental Leave Act, which will replace the Massachusetts Maternity Leave Act, effective April 7, 2015.  As was the case with the Massachusetts Maternity Leave Act, this law applies to employers with six or more employees.  The new Act continues to require employers to provide eight weeks of unpaid leave, and gives employees the right to return at the conclusion of the leave to their previous position or one that is comparable with the same status, pay, length of service credit and seniority.  The new Act, however, extends existing leave rights for female employees to all employees, regardless of gender.

The new Act also potentially extends employees’ job protection rights.  It provides that if an employer permits an employee to take parental leave for a period longer than eight weeks, the employee is eligible for the same protections as provided within the initial eight weeks of protected coverage, unless the employer clearly informs the employee in writing, prior to the beginning of the leave and again prior to the extension of that leave, that a leave longer than eight weeks will result in denial of reinstatement or a loss of other rights or benefits.

The new Act also makes the following changes to existing law:

• If both parents work for the same employer, they are only entitled to eight weeks of parental leave in the aggregate for the birth or adoption of the same child.
• Leave must become available after an employee has been employed for three months, even if the employer’s probationary period is longer.
• In addition to the birth and adoption of a child, leave rights apply in the event a child is placed with an employee pursuant to a court order.
• An employee is allowed to provide notice of their leave “as soon as practicable if the delay is for reasons beyond the individual’s control”, rather than providing two weeks’ notice.
• Parental leave rights are now protected under the Massachusetts employment discrimination law (MGL Chapter 151B).

Finally, employers must post notice detailing the parental leave law and their policies relating to the new law in a conspicuous location to all employees.

In light of these significant changes, Massachusetts employers should review their parental leave policies with counsel to ensure that as of April 7th, they comply with the requirements of the new law and other related leave laws.