The Massachusetts Commission Against Discrimination (MCAD) has recently provided updated guidance on the Massachusetts Parental Leave Act (MPLA), reinforcing its significance in the Commonwealth’s family leave landscape. Initially enacted in 2015, the MPLA guarantees eight weeks of unpaid, job-protected leave for parents welcoming a new child through birth or adoption, regardless of gender. For employers and employees alike, navigating the complexities of Massachusetts’ employee leave laws can be challenging. The passage of the Paid Family and Medical Leave Act (PFML) in 2018, offering job-protected leave with partial wage replacement for similar parental events, added another layer to this landscape. However, the MCAD’s recent clarification emphasizes the unique advantages and safeguards provided by the MPLA. Therefore, it’s crucial for employers to fully understand the obligations and scope of the Massachusetts Family Leave Act when formulating parental leave policies and extending leave to their employees.
Key Protections and Benefits Under the MPLA
To reiterate, the Massachusetts Family Leave Act entitles employees to parental leave upon the birth of a child or the adoption of a child under 18 years of age (or under 23 if the child has a mental or physical disability). This leave can be utilized continuously, intermittently, or on a reduced schedule, within one year of the child’s birth or adoption. Employees are required to provide two weeks’ notice, if feasible, regarding their anticipated leave start date and intention to return to work. Employers may also stipulate that this notice be submitted in writing.
Exercising the right to parental leave under the Massachusetts Family Leave Act safeguards an employee’s existing rights. Their accrual of vacation time, sick time, bonuses, opportunities for advancement, seniority, service length credit, benefits, plans, or programs for which they were eligible prior to commencing leave remains unaffected. Upon returning from MPLA leave, employees are legally entitled to reinstatement to their original position or a comparable role within the company.
MPLA and PFML: Understanding the Interaction
The Paid Family and Medical Leave (PFML) program, managed by the Department of Paid Family and Medical Leave, offers partial wage replacement for up to twelve weeks following the birth, adoption, or foster care placement of a child. Due to this wage replacement benefit, PFML is often perceived as more advantageous for employees compared to the unpaid leave offered under the eight weeks of the Massachusetts Family Leave Act. Nevertheless, the MPLA presents several distinct benefits compared to PFML that are important to consider:
Firstly, the Massachusetts Family Leave Act has a broader scope of coverage than PFML in terms of employment types. For instance, PFML explicitly excludes commission-based employment within real estate brokerages and insurance agencies, whereas the MPLA encompasses these employment categories.
Secondly, employees who have already exhausted their maximum PFML entitlement for reasons unrelated to birth or adoption (for example, utilizing twenty-six weeks of PFML within a benefit year to care for a family member injured during active military service) may still be eligible for an additional eight weeks of unpaid, job-protected leave under the Massachusetts Family Leave Act following the birth or adoption of a child.
Thirdly, unlike PFML, the Massachusetts Family Leave Act does not impose a specific annually adjusted earnings requirement. This crucial difference ensures protection for certain employees who might not meet the eligibility criteria for PFML benefits but are still covered under the MPLA.
Finally, the Massachusetts Family Leave Act is triggered with each instance an employee welcomes a new child into their family. This means an employee could be eligible for eight weeks of unpaid, job-protected leave multiple times within the same year if they experience multiple births or adoptions. In contrast, PFML provides a maximum of twelve weeks in a single benefit year for parental leave purposes, irrespective of the number of childbirths, adoptions, or foster care placements within that year.
It is critical to note that for employees who qualify for leave under both the Massachusetts Family Leave Act and PFML, the benefits operate concurrently. This means the initial eight weeks of leave are covered by both MPLA and PFML simultaneously, with the remaining four weeks solely covered by PFML.
In conclusion, with the issuance of updated guidance, the MCAD reminds employers that despite the implementation of PFML in 2018, obligations under the Massachusetts Family Leave Act remain in effect and employees retain additional, separate leave entitlements under this law. Employers need to be cognizant of both the MPLA and PFML to ensure compliance and support their employees effectively during significant life events.
