Paternity leave in Massachusetts is a hot topic of discussion right now. At GenesisHR, we’ve seen more inquiries about paternity leave (and parental leave) in the last several months than we have in all the years before it combined! Employees are asking about it; employers are thinking about it, and in 2021, legislation was passed regarding it. Here’s what you need to know about paternity leave in Massachusetts, along with some best practices (and things to avoid) when implementing paternity leave at your small to midsize business.
The Emergence Of Paternity Leave
Thanks to today’s global economy, U.S. employees are aware of other countries’ generous paternity leave laws. That awareness has generated significant media attention as of late surrounding paid family leave at the federal level and in Massachusetts, inciting dialogue at companies of all sizes. For small to midsize companies, the battle to attract and retain talent extends to this area; in order to find and keep the best employees, small companies are tasked with matching the leave policies of other, larger companies—those who often do adopt and offer benefit policies more quickly.
Figuring out how to implement paternity leave successfully is crucial for employers, particularly if your organization wants to attract millennials, who place significant value on work-life balance.
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Paternity leave can pose significant challenges for employers—most notably, small businesses have a tough time covering employees out on leave for extended periods of time. But just as employers can plan ahead to address family leave with women, paternity leave should be planned out for men, particularly if your organization wants to attract millennials, who place significant value on work-life balance. Figuring out how to implement paternity leave successfully is crucial for employers.
What is “standard” paternity leave?
In Massachusetts, standard paternity leave is now up to 12 weeks. Parents can get paid family leave of up to 12 weeks to care for a new child. Paid leave under this law became available beginning January 1, 2021.
Workers will receive 12 weeks of paid leave to:
Be with a newborn, adopted, or foster child.
Care for a seriously ill or injured family member.
Under PFML, workers can also receive:
Up to 20 weeks for a worker’s own serious illness or injury.
Up to 26 weeks for the family member of a military service person to care for that person.
Workers must be employed long enough to qualify for unemployment insurance, but the program is portable, which means that an individual who changes jobs does not have to re-qualify for the paid leave benefit, which is paid as follows:
80 percent of the employee’s wages, up to one-half of the Average Weekly Wage (AWW) in Massachusetts (which is currently about $1,200).
For workers who earn more than 50 percent of the AWW, the remainder would be paid at 50 percent.
Need to create PTO policies but don’t know where to start?
Learn best practices for structuring your PTO—plus get a free template to help you create your own policies in this free guide.
The State Of Paternity Leave In Massachusetts & Around The U.S.
Currently, there are 12 states (plus Washington D.C.) that offer paid family and medical leave:
California
Colorado
Connecticut
Washington D.C.
Delaware
Maryland
Massachusetts
New Hampshire (voluntary)
New Jersey
New York
Oregon
Rhode Island
Washington
Additionally, some cities require paid family leave and some states have an unpaid family leave law (e.g., Vermont) that applies to more employers than the FMLA.
Employers Best Practices For Paternity Leave (and Parental Leave)
Have a paternity leave policy before it becomes needed. Employers should run whatever leave policy they have (and that policy must be specific and documented, outlining eligibility for employees). The policy should outline expectations for the leave, including the amount of time leave is provided, and run concurrently with federal and state laws.
Don’t make individual arrangements for paternity leave. Small companies are infamous for making one-off arrangements with employees—giving a benefit to one employee and not to another. This is dangerous territory. Fortunately, it can be easily avoided by implementing and consistently adhering to a paternity leave policy.
Employers with paternity leave policies should require advance notice of a leave. To minimize the disruption caused by an employee’s time away, require a minimum amount of notice from employees who need to take leave. Use that time to plan ahead.
Try to avoid concurrent leaves. In working with small businesses, we see a lot of husband-wife employee teams. If you are an organization that employs multiple family members whose leave times could overlap, make sure your policy includes language preventing concurrent leaves for mom and dad.
Parental Leave Resources
For more information about paternity leave in Massachusetts, or help getting answers to questions about paternity leave, we recommend both Mass.gov and SHRM as resources to keep you apprised of legislative and legal updates.
If you’re reading this article (or another article, bulletin, email, etc. about paternity leave) and wondering what you should do as an employer, now is the time to pick up the phone and talk with us!
At GenesisHR, we help our clients maintain compliance with federal and state laws with regard to leave; beyond compliance, we also strategize about being proactive about the policies you adopt. If you’re a small company looking to attract new talent, you want to have your paternity leave benefits ready—contact us to get started with a free discovery call!
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