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Article provided by Foley & Foley, PC
In a letter to the editor, published in the Massachusetts Lawyers Weekly on June 23, 2008, MCAD Commission Chair Malcolm S. Medley and Commissioners Martin S. Ebel and Sunila T. George significantly softened Commissioner Ebel’s previous statement that the MMLA must be applied in a gender neutral manner. Our previous addition of this E-Newsletter is posted on our website and reviews the impact of Commissioner Ebel's recent interpretation of the Massachusetts Maternity Leave Act.
The MCAD has now taken the official position that "while the commission has discussed this issue, it has made no determination that the MMLA, as currently written, requires employers to provide paternity leave." Accordingly, the MCAD has made it clear: men do not enjoy maternity benefits as Commissioner Ebel had previously indicated.
WHAT DOES ALL THIS MEAN?
You can hear the collective sigh of relief throughout the Commonwealth. We now revert back to the status quo that existed prior to Commissioner Ebel’s statements and interpretation of the MMLA. Your road map to interpret and apply the MMLA continues to be the MCAD guidelines published on its website.
Those guidelines address the following issues:
- Definitions of pertinent terms including "employer" and "maternity leave";
- When a female employee is eligible for maternity leave under the MMLA;
- When a female employee may take maternity leave;
- The use of accrued paid time off for female employees during MMLA leave;
- The interrelationship of the MMLA and the FMLA;
- MMLA notice and posting requirements;
- Pregnancy-related medical conditions as a disability;
- Sex discrimination and issues arising under M.G.L c.151B. The MCAD MMLA
guidelines also inform us that “providing maternity leave to female employees
and not to males may, in some circumstances, constitute sex discrimination
under c.151B s4 (1).
Undoubtedly, we have not heard the last word from the MCAD on this subject and we will continue to provide updates to our clients and friends. In the mean time, it is MMLA business as usual: the law as currently worded covers female workers only and employers cannot engage in gender discrimination.
How can we help you?
Questions?
Contact Foley & foley, PC at info@neworkplacelaw.com or call 508-548-4888.
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