Employment Alert: MCAD Commissioner Announces That Male Employees Are Covered by the Massachusetts Maternity Leave Act

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Overview

In a surprise development last week, a Commissioner of the Massachusetts Commission Against Discrimination (MCAD), Martin E. Ebel, announced that the MCAD has changed its position on the Massachusetts Maternity Leave Act (MMLA), and has concluded that the statute applies to both women and men. Commissioner Ebel’s announcement represents a sweeping departure from the MCAD’s previous position on the MMLA, which expressly applies to only female employees. Despite the plain language of the statute, Commissioner Ebel stated that the MCAD will now enforce the statute in a gender-neutral manner.1

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