MCAD Says Male Employees Are Now Entitled To Paternity Leave

The Massachusetts Maternity Leave Act ("MMLA") now entitles men to the same leave privileges as those extended to women. The Massachusetts Commission Against Discrimination's (" MCAD")new interpretation of the statute is effective immediately. Accordingly, any man who satisfies the MMLA's eligibility requirements but is denied paternity leave may file a charge against his employer with the MCAD.

The MCAD's new position contradicts the agency's own guidelines on the subject, which state:

The express language of the MMLA provides leave only for female employees. Therefore, the MCAD will not assume jurisdiction over claims by male employees seeking leave.

Pursuant to the MCAD's new interpretation, a male employee qualifies for eight weeks of unpaid paternity leave pursuant to the MMLA if he works for an employer with six or more employees and:

Has completed the initial probationary period set by the terms of his employer or, if there is no such probationary period, has been employed by the same employer for at least three consecutive months as a full-time employee;

Seeks paternity leave in connection with childbirth or the adoption of a child under the age of eighteen (or under the age of twenty-three if the child is mentally or physically disabled); and

Gives at least two weeks' notice to his employer of his anticipated date of departure and intention to return.