In one of his last acts before leaving office, Gov. Deval Patrick signed into law a new Parental Leave Act amending the Massachusetts Maternity Leave Act ("MMLA") on January 7. The MMLA currently requires employers with six or more employees to provide female employees who have been employed for at least three months as a full-time employee with eight weeks of leave "for the purpose of giving birth or adopting a child." The new Parental Leave Act expands the MMLA to provide eight weeks of leave to both male and female employees who have been employed for at least three months. The new law goes into effect April 7.
As before, the new Parental Leave Act requires employers to restore employees taking leave to the same or similar position upon their return to work. However, unlike the old law, leave beyond eight weeks may now also be protected. An employer who agrees to provide an employee with more than eight weeks' leave must reinstate the employee at the end of the extended leave, unless the employer clearly informs the employee in writing prior to the start of the leave and prior to any subsequent extension of the leave that taking longer than eight weeks will result in denial of reinstatement or loss of other rights and benefits. This provision effectively reverses the Supreme Judicial Court's 2010 decision in Global NAPs, Inc. v. Awiszus, which held that the MMLA protected only the first eight weeks of an employee's 10-week, employer-approved leave.
In addition, the Parental Leave Act reiterates that leave may be paid or unpaid at the discretion of the employer. Accordingly, employers should specify in their written policies whether such leave (or any part thereof) will be paid or unpaid. The law also notes that two parents working for the same employer are entitled only to eight weeks of leave in the aggregate for the birth or adoption of the same child.
The Massachusetts Commission Against Discrimination has previously issued guidelines on the MMLA, and we anticipate that it will eventually issue new guidance related to the expanded rights created by the Parental Leave Act. In the meantime, employers should review and revise their existing polices as necessary to comply with the requirements of this new law.
Day Pitney Alert
Day Pitney Alert
Day Pitney Alert
Heather Weine Brochin and Gregory Tabakman authored an article entitled "Third Circuit Advises that Employer Must Pay Employees for Short Rest Breaks," which was published by the New Jersey Law Journal.
Day Pitney partner Francine Esposito will speak at the upcoming webinar "Workplace Leave Laws: Strategies to Navigate the Changing Landscape in the U.S." Taking place on Sept. 14 at 2 p.m., the webinar is the first in a series of webinars hosted by the Employment Law Alliance (ELA) on workplace leave laws around the globe.
John McLafferty was quoted in an article, "Employment Lawyers Leery of Bill Banning NDAs, Arbitration," published by Massachusetts Lawyers Weekly.
Heather Weine Brochin was quoted in an article, "Confidentiality Disqualifies Harassment Settlement Tax Deductions," published on the Society for Human Resource Management (SHRM) website.
John McLafferty was quoted in an article, "How Employers' Haunted House and Fright Night Went Way Wrong," published on the Society for Human Resource Management (SHRM) website.
Michael Furey was quoted in an article, "The Biggest New Jersey Cases of 2016," which was published in Law360.
Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.