A frequently forgotten Massachusetts leave-of-absence law is the Parental Leave Law of 2015(MPLA).

Originally passed in 1972 as the Massachusetts Maternity Leave Law, the legislature amended the law in 2015 to update it in several ways. The Massachusetts Parental Leave Law now covers men, requires that employers provide the leave to full-time employees after just three months of employment even if the employer’s introductory period is longer, and requires employers to post a notice regarding the leave.

On May 17, 2023, the MCAD issued two documents updating its oversight of the Massachusetts Parental Leave Law. The first is a two-page document entitled “A Brief Guide to the Massachusetts Parental Leave Act.” The second is a 33-page document entitled “Guidelines on the Massachusetts Parental Leave Act.”  The guidelines also include a handy one-page chart comparing the parental leave law, the Family and Medical Leave Act (FMLA) and Paid Family and Medical Leave (PFML) on page 26, followed by an updated version of the frequently asked questions.

While it is easy to forget about this law as employers and employees focus on the Massachusetts PFML and Earned Sick Time laws, the Parental Leave Law remains on the books, meaning unwary employers could be subject to enforcement action by the MCAD.

Important provisions of the updated guidelines:

• Continuous, intermittent or reduced-schedule leave:Employees may take parental leave in a continuous block of time, or on an intermittent or reduced-schedule basis. The inclusion of the intermittent standard (with employer’s consent) is consistent with leave options and benefits provided to employees under the FMLA and Massachusetts PFML. At the same time, the MCAD has made it clear that employers may not “unreasonably deny” intermittent or reduced-schedule leave.
• MPLA timetable extended:The statute provides that leave must be taken “for the purpose of giving birth,” or “for the placement of a child for adoption with the employee” who “is adopting” or “is intending to adopt.” The new guidance makes it clear that up to one year after the birth or placement for adoption generally will be considered a reasonable timeframe to take parental leave.
• Parental leave does not usually count as work time:  Employers are not required to count time taken as parental leave in the computation of various benefits, including but not limited to vacation, sick, bonuses, seniority, or length of service credits, “unless such time is included in computation of such benefits for employees” on other types of leave.
• Employers may not force employees to use company-provided paid time off:Consistent with the provisions of the original guidelines, employers may not require employees to use their available vacation or other non-sick leave paid time off during any unpaid parental leave.
• Reinstatement Rights:  When employees finish taking parental leave, the employee is entitled to be returned to the same, or a similar position, which must have the same status, pay, length of service credit, and seniority as the position held prior to the leave. The guidance notes that MCAD will consider a variety of factors to determine whether the person has been reinstated to the same or similar position. The factors include, but are not limited to, responsibilities, reporting relationships, salary, wages, bonuses, vacation and other benefits, location, resources and support, hours of work, schedule, availability of remote work, and advancement opportunities.
• Leaves may run concurrently:MPLA will generally run concurrently with PFML and federal Family and Medical Leave Act leave when an employee is also eligible for those leaves.  It is possible that an employee who has exhausted their FMLA and MA PFMLA medical leave could still be eligible for up to eight weeks of leave under the MPLA. While an admittedly rare likelihood, employers need to be careful with record-keeping to ensure compliance with the MPLA.

• Eight weeks per birth:  the MCAD has retained the provision that a parent is entitled to eight weeks of leave for each birth, meaning for multiple births the parent is entitled to eight weeks leave for each child.

The MCAD’s recent actions and publishing these two documents is a good reminder that MPLA exists, and employers need to remain aware of its requirements in dealing with employee births and adoptions.

AIM members interested in discussing this issue or other human resources issue may contact the AIM HR Helpline at 1-800-470-6277.