Massachusetts Amends Maternity Leave Act to Cover Both Men and Women

It’s official: men are equal to women when it comes to maternity leave in the Commonwealth. Some 6-plus years after the Massachusetts Commission Against Discrimination (MCAD) announced that it would treat men as entitled to leave under a state maternity leave law that expressly provided it only to women, the legislature finally acted. It amended the Massachusetts Maternity Leave Act to apply to every employee, not just those who happen to be “female.”

The amendments to Mass. Gen. L. ch. 149, §105D were signed by outgoing Governor Deval Patrick on January 7, just before he left office; they will take effect on April 7, 2015. In addition to making the statute gender neutral, they broaden the purposes for which leave may be taken by replacing the phrase “for the purposes of giving birth or for adopting a child” with  broader language that covers both adoption placement and “placement of a child with an employee pursuant to a court order.” The statute continues to permit up to 8 weeks of leave time. It applies to employers with 6 or more workers, and leave may be with or without pay, in employer discretion.

Employers should review policies for compliance going forward. The law requires covered employers to post notices describing maternity leave rights. It permits employees to pursue legal action with the MCAD for failures to comply with its terms.