In a recent decision by the Massachusetts Commission Against Discrimination, commonly referred to as MCAD, the idea that benefits available under the Massachusetts Maternity Leave Act (“MMLA”) are just for women may soon be a thing of the past. Consider these two scenarios:
- John and Jane work at Company A, which employs 40 workers. Jane has a baby and takes maternity leave in accordance with the MMLA. John’s wife also has a baby, and due to complications, John now needs to care for his child at home for six weeks. His request for leave under the MMLA is denied. Is Company A’s denial discriminatory despite the fact that the statute is called “maternity” leave?
- John is married to Joe and works for Company A. Jane is married to Susan and also works for Company A. Each couple adopts a baby. Jane and Susan both apply for leave under the MMLA. Their requests are granted. John and Joe also apply for leave under the MMLA and both those requests are denied. Has Company A committed discrimination against John and Joe?
In both cases, the answer is “quite possibly,” according to recent statements from the MCAD office and its officials. MCAD is taking the position that they have the authority to interpret the MMLA with broad discretion. The information they are disseminating suggests that decisions to investigate discrimination allegations will be determined on a case-by-case basis, given the facts, but that the need for interpretation of the law in gender-neutral terms calls for and allows a deviation from the former strict reading that it applies only to women, particularly in light of same-sex marriages.
So whether you call it maternity leave or paternity leave, men need to know that they have a friend and voice in MCAD, and employers would be wise to revise their employee handbooks.
By: Melissa R. Gillis, Esq.
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