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August 10, 2011
Proposed changes to Massachusetts alimony would eliminate lifetime awards
The week of August 18th, the MA House of Representatives vote to approve a bill that will change the Commonwealth’s alimony rules. The new law establishes guidelines for setting alimony payments and does away with the ability of judges to approve “lifetime alimony.”
Under the new law, the length of alimony is dependent on the length of the marriage, and in most cases, ends at the age of retirement. In the context of the proposed statute, retirement is defined as when one would qualify for full benefits under social security. This distinction needs to be made so as not to confuse someone into thinking that early retirement would qualify for termination of alimony. In the past, judges had discretion to consider a variety of factors, including assets and employment status.
The proposed law also proposed new types of alimony including “transitional alimony” which would occur when a spouse needs temporary assistance or job training. Also proposed in the law is “reimbursement alimony” which would be for repayment of money spent on helping a spouse through school or training while married.
The new law would not change alimony rulings already in place but it would allow divorced parties to ask for alimony modifications. If approved by the Senate, this new law is sure to result in more consistent alimony rulings throughout the state, while taking discretion away from judges and creating new forms of alimony.
Photo credit: Microsoft
August 03, 2011
Employees should beware verbal commitments to extend maternity benefits under MMLA
The Massachusetts Maternity Leave Act (MMLA) guarantees eligible employees 8 weeks of unpaid leave for giving birth, adopting a child under the age of 18, or adopting a child under the age of 23, if the child is mentally or physically disabled. The bounds of this legislation and maternity rights in general were recently challenged in the case of Global NAPs v. Awiszus.
In Awiszus, an employee-plaintiff became pregnant and informed her supervisor of her intention to utilize her guaranteed 8 weeks of unpaid maternity leave. Her employer promised her an additional 3 weeks of unpaid leave if she required a Cesarean section. The employee required a Cesarean section and tried to return to work after taking 11 weeks of unpaid leave. The employer reneged on its promise and informed the employee that she no longer had a job. The employee sued and was awarded compensatory and punitive damages.
The decision was appealed to the Supreme Judicial Court (SJC) where they overturned the lower court’s decision. Specifically, the SJC held that the employee "was not entitled to the protections afforded by the MMLA, given that she was absent from employment for more than eight weeks." The SJC noted, however, that the employer's broken promise may give rise to a claim "for breach of contract."
In light of the Awiszus decision, employees need to be sure that they understand their rights under the MMLA. Employees should not assume that verbal commitments from employers that claim to extend their rights under MMLA actually give the employee any addition rights beyond those that would exist in an ordinary contract. The SJC has clearly stated that employees who rely solely on the word of an employer that promises more maternity leave than the MMLA guarantees can only seek a breach of contract remedy.
Photo credit: Microsoft
June 10, 2011
June 03, 2011
June 02, 2011
May 11, 2011
April 21, 2011
February 24, 2011
January 19, 2011
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