MCAD issues proposed parental leave guidelines

Massachusetts significantly amended its Maternity Leave Act in 2015 when it became known as the Parental Leave Act. Among other things, the Act expands coverage to men, requires employers to provide the leave to full-time employees after just three months of employment even if their introductory period is longer, and requires employers to post a notice regarding the leave. At the time, the Massachusetts Commission Against Discrimination (MCAD) issued a one-page fact sheet regarding the new law and attached the old maternity leave guidelines that hadn’t been updated. Similarly, the regulations remained unchanged, leaving some unanswered questions. However, employers may soon get some answers from the MCAD.

MCAD issues proposed guidance

On February 2, 2023, the MCAD proposed its “Guidelines on the Massachusetts Parental Leave Act.” The 32-page proposed guidelines cover a number of topics, such as when leave may be taken; the type of leave that may be taken; the use of accrued paid time off (PTO) during leave; job restoration following parental leave; the interrelationship between parental leave and other leave laws, including the Massachusetts Paid Family and Medical Leave (PFML) Act; and notice and posting requirements. Here are the highlights:

Continuous, intermittent, or reduced schedule leave. Employees may take parental leave in a continuous block of time or on an intermittent or a reduced schedule basis with their employer’s consent. The MCAD has proposed, however, that employers may not “unreasonably deny” the intermittent or reduced schedule leave.