Leaves of Absence

How to handle a request for a leave of absence

There are many types of leave requests and it is important to have an understanding of each benefit and the process involved with each request. Leaves are complicated and one leave may run concurrently with another. Do not hesitate to contact Human Resources to discuss these policies when faced with a leave of absence in your area.

FMLA: Family and Medical Leave Act

Definition: The Family and Medical Leave Act allows eligible employees to request up to 12 weeks of unpaid leave in a 12 month period for one or more of the following reasons:

• to care for the employee's newborn child or a child placed with the employee for adoption or foster care;
• to care for the employee's spouse, same sex domestic partner, son or daughter, or parent, who has a serious health condition; or,
• for a serious health condition that makes the employee unable to perform the employee's job.

Eligibility: Employees are eligible to take FMLA if they have worked for the College for at least 12 months and for at least 1,250 hours over the previous 12 months.

Process: If an employee requests a FMLA leave, the employee should be referred to Human Resources to receive the necessary paperwork. The employee will receive a leave application form, medical certification form and a description of the employee's rights under FMLA. The employee should complete the leave application form and submit it to her/his supervisor for signature of approval. The completed/signed application form and completed medical certification will be sent to Human Resources by the employee. Human Resources will review the request with the employee and calculate what accrued time will be used.

The College requires that the employee use any unused vacation, personal, or (in the case of the employee's own serious health condition, or that of their dependent child, parent, for whom they are responsible) accrued sick leave as part or all of the 12-week period. The calculations of accruals will be provided to the employee's supervisor. It is the supervisor's responsibility to submit the appropriate hours to Payroll each week/month according to those calculations. It is also the supervisor's responsibility to alert HR if the leave dates change and when the employee returns to work.

Parental Leave

Definition: An eligible employee who gives birth or who is a primary caretaker of a newborn or newly adopted child.

Eligibility: Benefits-eligible employees whose regular schedule is at least half-time for at least nine months per year and has completed one year of continuous service.

Process: If an employee requests a parental leave, the employee should be referred to Human Resources to receive the necessary paperwork. The employee will receive an application form, and medical certification form. In most cases, parental leave runs concurrently with FMLA leave. The employee should complete the forms and submit them to her/his supervisor. The completed/signed leave application form and medical certification will be sent to Human Resources by the employee. Human Resources will review the request with the employee and calculate the dates of leave. It is the supervisor's responsibility to submit the hours as parental leave to payroll each week/month according to the calculations. It is also the supervisor's responsibility to alert HR if the leave dates change and when the employee returns to work.

MMLA: Massachusetts Maternity Leave Act

Definition: MMLA allows eligible female employees to request 8 weeks of unpaid leave for the purpose of giving birth or for adopting a child.

Eligibility: Employees are eligible to take MMLA if they have been employed by the College for at least (3) consecutive months as a full-time employee.

Process: If an employee requests MMLA leave, the employee should be referred to Human Resources to receive the necessary paper work. The employee will receive an application form, and medical certification form. In most cases, MMLA leave is used when the employee is not eligible for FMLA leave. The employee should complete the forms and submit the application form to her/his supervisor. The completed/signed application form and medical certification will be sent to Human Resources by the employee. Human Resources will review the request with the employee and calculate what accrued time will be used.

The employee may use unused vacation, personal or sick time as part of the MMLA leave. It is the supervisor's responsibility to submit the hours to payroll each week/month according to those calculations. It is also the supervisor's responsibility to alert HR if the leave dates change and when the employee returns to work.

Personal Leave

Definition: Personal leave allows an eligible employee to request a leave for personal reasons that do not meet the eligibility criteria for FMLA leave.

Eligibility: The granting of an unpaid leave of absence is at the sole discretion of the College. The employee must have completed one year of continuous service in order to request such a leave. The College does not guarantee that an employee who goes on unpaid leave will be returned to her/his position or its equivalent. The leave request will be limited to an initial leave not to exceed three months. An extension would require a request submitted to the Director of Human Resources and the division head.

Process: Requests for unpaid personal leave must be submitted in writing to the employee's supervisor. If there is no accrued vacation or personal time, the leave may be granted as an unpaid leave of absence. If the leave request is approved, a leave application form must be completed by the employee. The completed form must be signed by the employee's supervisor and then be forwarded to Human Resources. Employees on unpaid leave are responsible for the full cost of their benefits.

Workers Compensation

Definition: Workers' Compensation is a type of disability insurance that covers an employee for injuries they may incur while on the job or while performing a job-related function required by the College.

Eligibility: All employees and students.

Process: If an employee has an accident while at work, even though no injury may occur, they must report the accident to their supervisor immediately. An accident report and treatment form must be completed, signed by the supervisor and submitted to Human Resources within 24 hours of the accident. An employee unable to work for 5 consecutive calendar days or more receives (in lieu of lost wages) compensation in accordance with rates set by law, plus an allowance for dependents. During the initial 5 days, the employee may use accrued sick time. The employee may supplement their workers compensation payment with accrued and unused vacation and sick time, not to exceed 100% of wages.

Small Necessities Leave (SNLA)

Definition: In accordance with Massachusetts's law, the College provides 24 hours of "small necessities" leave in a 12-month rolling period to all eligible employees for the purpose of participating in school activities, to accompany a son or daughter to routine medical/dental appointments or accompanying an elderly relative to routine medical/dental appointments or other professional services related to elder care.

Eligibility: An employee is eligible for Small Necessities Leave if they have completed (12) months of service prior to commencement of leave, have worked at least 1,250 hours in the (12) months prior to the leave and have not taken (24) hours of small necessities leave in the (12) months prior to the commencement of the leave.

Process: Small Necessities Leave is generally unpaid. However, eligible employees may use accrued vacation time or personal time to attend school activities or accrued sick/vacation/personal time to accompany a child or parent to a medical/dental appointment. Eligible employees must make requests for Small Necessities Leave to their supervisors at least (7) days in advance of the foreseeable events and as soon as possible for unforeseeable events.

Military Leave

Definition: Military leave entitles the employee to be away from the College for active service.

Eligibility: An employee who leaves the College to enter military service or, as a reservist, is placed on active duty.

Process: An employee who learns that they must attend military training must notify the HR Office in writing, in advance of their training, of the expected duration of the training and their anticipated date of return.

Employees called to active duty must notify the HR Office in writing before they leave for active duty of their expected dates of leave from and return to the College and by completing a Leave of Absence Form. The employee should be referred to HR regarding pay issues.

Funeral Leave

Definition: Funeral Leave entitles an employee to paid leave for the employee to attend the funeral of an immediate family member. Immediate family is defined as: mother, father, mother-in-law, father-in-law, spouse or same sex domestic partner, sister, brother, child, sister-in-law, brother-in-law, grandmother, grandfather, aunt, uncle, or anyone related by blood to the employee who lives in the same home.

Eligibility: All benefits-eligible employees are entitled to 3 days, but this may vary as determined by the supervisor depending on the distance the employee must travel and the amount of responsibility the employee must assume. The total leave cannot exceed 5 consecutive working days.

Process: An employee who learns that they must use funeral leave, should give the supervisor as much notice as possible.

Jury Duty

Definition: An employee who is required to serve as a juror or to appear as a witness in a court case in which they are not a party.

Eligibility: All benefits-eligible employees

Process: The employee must notify their supervisor immediately upon receipt of the selection notice. Upon completion of their service, the employee must provide HR with a written statement from an appropriate court official indicating the dates and times of their appearance or service and the amount of remuneration received.

Short-term Disability

Definition: Short-term disability pays 50% of regular wages for benefit-eligible employees for a maximum of 26 weeks for any single period of eligible disability, or in any 52 week rolling period.

Eligibility: Administrative employee whose regular work schedule is at least half time for at least nine months per year after the completion of one continuous year of service.

Process: Before being eligible for short-term disability pay, the employee must exhaust all accrued sick time and provide medical certification of the disability to HR. The College, based on the medical certification, will determine if the disability allows the employee to be eligible for short-term disability. This leave runs concurrently with FMLA leave. There is an 8 day waiting period before disability payments begin unless the employee is hospitalized, in which case, payments begin immediately.

Long-Term Disability

Definition: The inability of the employee, by reason of sickness, bodily injury, or pregnancy to engage in any occupation for which the employee is reasonably fitted by education, training or experience. The insurance company will make a determination as to whether an employee's situation constitutes a disability under the plan.

Eligibility: All regular full-time administrative employees are eligible for participation in the plan after completing 6 months of continuous employment.

Process: The employee should contact the Human Resources Office regarding eligibility.