The Massachusetts Commission Against Discrimination (the “MCAD”) recently issued updated guidance (here and here) on the Massachusetts Parental Leave Act (“MPLA”), signaling that the MPLA still plays an important role in the parental leave landscape in the Commonwealth. Enacted in 2015, the MPLA provides eight weeks of unpaid, job-protected leave to parents upon the birth or adoption of a child, regardless of gender. As most employers know too well, understanding the interplay among the various employee leaves laws in the Commonwealth can be challenging, and ensuring compliance under the MPLA became top of mind in 2018 when Massachusetts passed the Paid Family and Medical Leave Act (“PFML”), which provides job-protected leave and partial wage replacement to eligible employees upon the birth, adoption, or foster care placement of a child. The MCAD’s updated guidance, however, highlights the distinct benefits and protections offered under the MPLA. It is important that employers understand the obligations and limits of this law when offering parental leave to employees and in drafting their own parental leave policies.
Protections and Benefits Under MPLA
As a refresh, the MPLA allows employees to take leave upon the birth of a child or the adoption of a child under the age of 18 (or under the age of 23, where the child has a mental or physical disability). This leave may be taken on a continuous, intermittent, or reduced schedule basis, within one year of the child’s birth...
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