Leave Policies

Numerous types of leaves are available to benefited employees, depending on each employee's collective bargaining unit or non-unit status.  Some examples (although not applicable to all collective bargaining units) are education, sabbatical, military, maternity, family and parental leave.  If you are covered by a collective bargaining agreement, please reference your appropriate collective bargaining agreement for details on what leaves are available.  If you are not covered by a collective bargaining agreement, please contact HRD. 

Below you will find the College's policies regarding the Family Medical Leave Act, Small Necessities Leave Act and the Massachusetts Maternity Leave Act.  Also, set out below are summaries of benefits regarding sick leave, vacation leave, personal leave, funeral leave, holiday leave, jury duty and voting leave.

The Family And Medical Leave Act

Pursuant with the Federal Family and Medical Leave Act (FMLA) of 1993 (revised January, 2009), MCLA has established a policy to allow employees to take a period of leave (generally not to exceed 12 weeks) for the care of their own serious health condition or that of specific family members as defined under FMLA.  Employees are eligible if they have worked at MCLA for at least one year, and/or a minimum of 1,250 hours during the previous 12-month period.  The College requires that the employee use any earned sick, personal or vacation leave, as indicated allowable below [see sections a) through e)], before taking leave as unpaid.

Requests for Family Medical Leave must be in writing to the Human Resources Department as soon as feasible. Employees are asked to provide a minimum of 30 days advance notice when the leave is "foreseeable" such as a pregnancy, planned surgery, etc.   You may be required to submit a medical certification of either your own or family member's illness.  You may also be required to present a fitness-for-duty certificate before we restore you to employment if you took leave for your own serious health condition.

 

FMLA leave may be granted for the following reasons:

1. For incapacity due to pregnancy, prenatal medical care or child birth;
2. To care for the employee's child after birth, or placement for adoption or foster care;
3. To care for the employee's spouse, child or parent who has a serious health condition;
4. For a serious health condition that makes the employee unable to perform his/her job;
5. Military family leave entitlements (see details below)

For purposes of this policy, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities.  Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition.   Please refer to the U.S. Department of Labor, Wage & House Division Publication 1420 (revised January 2009) for more details on employee rights and responsibilities under this law.  This notice is posted outside the Human Resources Office.

FMLA leaves may be approved for a maximum of 12 weeks in a 12-month period (see exception for military service members below).  For purposes of this policy, a "rolling" 12-month period will be used, measured backwards from the date an employee last used any leave under this policy.  Spouses who are both employed by the College are allowed a combined total of 12 weeks of family care leave within a 12-month period for the care of a newborn or adopted child.  If leave is requested due to the illness of a child, a spouse, or a parent, then each spouse will be allowed 12 weeks of leave.

With leaves concerning a serious health condition, consideration will be given to take your leave on an intermittent or reduced schedule basis.  (Intermittent leaves will not be permitted for leaves concerning birth, adoption or foster care.)  You will need to coordinate with the Human Resources Office the type of leave to be taken and the anticipated duration of such leave.  Although the College will attempt to accommodate all intermittent or reduced schedule leave requests, there may be instances where the College may have to transfer you to an alternative position in order to satisfy such request.

a)    Employee or Family Member Illnesses: For the employee's own illness, he/she would be eligible to utilize all earned sick, vacation leave and personal time or unpaid leave.  For the care of a sick family member, employees may utilize up to 10 days of paid sick time; the remainder of the 12 weeks leave employees may use vacation leave or personal time or unpaid leave.

b)    Pregnancy or Parental Leave: For employees on pregnancy or parental leave, they may use earned sick, vacation leave and/or other leave. FMLA leave will run concurrently with leave taken pursuant to the Massachusetts Maternity Leave Act.

c)    Adoption Leave: Employees must request adoption leave at least four weeks prior to the anticipated leave date, and present a copy of the official adoption papers when available.  Employees who are the primary care giver of an adopted child may use accumulated sick, vacation and/or other leave.

 d) Military Family Exigency: Eligible employees with a spouse, son, daughter or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation are eligible for 12 weeks of leave.  Employees may use accumulated sick, vacation leave and/or other leave, or take leave without pay.  Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, etc.

 e)  Military Service Member Illness or Injury: FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. Employees may use accumulated sick, vacation leave and/or other leave, or take leave without pay.  During any portion of the leave that is unpaid, employees will be responsible for the cost of their benefits. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who had a serious injury or illness incurred in the line of duty while on active duty that may render the service member medically unfit to perform his/her duties for which the service member is undergoing medical treatment, recuperative, or therapy; or is in outpatient status, or is on the military's temporary disability retired list.

 

During any portion of the leave that is unpaid, employees will be responsible for the cost of their benefits.

Since FMLA requires the continuation of your current health/dental benefits during leave, you need to continue paying your normal premium contribution to avoid a lapse in coverage.  If you are not receiving a salary via earned sick or vacation leave, you will be direct billed by the Group Insurance Commission for the amount normally made by payroll deduction.   After the 12 week period or 26 leave period for Military Caregiver Leave, you must pay 100 percent of full cost premium to continue GIC coverage while on leave of absence.

At least two weeks prior to their date of return, employees are expected to notify their supervisor and the Human Resources Office.   The employee must submit a health care provider's verification of his/her fitness to return to work.  At the completion of the approved FMLA leave period, MCLA will have the right to return the employee to his/her former position or a position of equivalent classification and pay within the College.  If the employee fails to return to work on the agreed return date, MCLA will assume that the employee has resigned his/her position.

While on unpaid medical leave, employees do not accrue additional vacation, sick leave or personal time.  The employee, however, will not lose any benefit rights to the extent that those rights accrued before the leave period.  The accrual of benefits will be restored immediately upon the employee's return to active employment.

An employee will not be entitled to more favorable employment terms as a result of taking medical leave.  Thus, the employee will be subject to any pay or benefit reductions or other adverse actions, including layoff, that he or she would have been experienced if he or she had not been on FMLA leave.

Questions relating to the provisions and eligibility requirements for family care leave should be directed to the Human Resources Department.

Massachusetts Maternity Law - Pregnancy - Maternity Law

Whenever an employee who has been employed with the College for at least three months becomes pregnant and requests maternity leave, she must furnish the College with a certificate from her physician stating the expected due date of her delivery.  She may continue to work so long as her physician certifies that she is able to do so.  Maternity leave without pay will be granted for a period of up to eight weeks.  The period of leave will commence with the cessation of actual work and must conclude within eight weeks of the date of delivery.  The employee may choose to use any accumulated vacation, sick leave and/or other leave time for maternity leave purposes.  If an employee elects maternity leave under the Family and Medical Leave Act, the College grants leave under the Massachusetts Maternity Law concurrently with leave granted under the Family and Medical Leave Act.  For more information please contact the Human Resources Department at extension 5598.
Enhanced Paid Leave For The Birth, Adoption Or Placement Of A Child In Foster Care

At the request of an employee, paid leave will be granted to him or her (whether the employee is the child's father or mother) on any of the following occasions:

• for the birth of the employee's child;
• for the employee's adoption of a child; and
• for the placement of a child as a foster child in the employee's home.
  

This leave will not exceed 10 days.

The granting of this leave shall not limit any employee's entitlement to sick leave, but shall be taken, and shall run concurrently, with any leave then available as maternity leave or paternity leave, including any leave then available under the Family and Medical Leave Act.

An employee who requests leave under this policy must provide appropriate documentation of his/her need for such leave and give advance notice to his/her department head.

Small Necessities Leave Act (SNLA)

MCLA also provides eligible employees with leave under the Massachusetts Small Necessities Leave Act ("SNLA") (Gen. Laws c. 149, § 52D).

ELIGIBILITY
Eligible employees are entitled to take up to 24 hours of unpaid leave during any rolling 12-month period for any of the following purposes:

• Accompanying a son or daughter (defined as a biological, adopted or foster child, stepchild, or legal ward under the age of 18 or, if 18 and older, incapable of self-care) to routine health care appointments, including medical and dental appointments;
• Participation in school activities of a son or daughter as long as those activities are directly related to the educational advancement of the child (e.g., parent-teacher conferences, interviews for a new school);
• Accompanying an elderly relative (defined as an individual at least 60 years of age related to the employee by blood or marriage) to routine health care appointments, including medical and dental visits;
• Accompanying an elderly relative to an appointment for professional services related to the individual's care, such as interviewing for a nursing home or group care facility.
  

Generally, an employee who has been employed by MCLA for at least 12 months and has worked at least 1,250 hours during the 12 month period immediately prior to the commencement of the leave is eligible for SNLA leave for any of the purposes listed above.
LENGTH OF LEAVE
An employee may take up to 24 hours of SNLA leave within any rolling 12 month period, measured backward from the date any leave is used. SNLA leave may be taken in half-day increments, up to the maximum amount of leave time available.

NOTICE AND SCHEDULING OF LEAVE
In the event of foreseeable leave, employees are expected to submit a written request for leave 48 hours prior to the anticipated commencement of the leave.  Where leave is not foreseeable, notice must be given as soon as is practicable, but not less than one day prior to the leave.

An employee may be required to submit a certification form from the health care provider or administrator visited during the leave.  It is the employee's responsibility to ensure that the certification form is completed and returned to the Human Resources Office.  If an employee fails to obtain the appropriate medical certification of the need for the leave, MCLA reserves the right to refuse the SNLA leave or to refuse to allow an employee to remain on SNLA leave.

COORDINATION WITH AVAILABLE PAID LEAVE TIME
Unless otherwise required by an applicable collective bargaining agreement, employees are required to use paid vacation or personal time off, if available, during the time taken for SNLA leave.  Any paid time off used is exhausted simultaneously with an employee's entitlement to SNLA leave.  If the employee has no paid time off available, then the leave will be unpaid.

Sick Leave

All full-time, 12 month employees (administrators, classified staff and librarians) accrue sick leave at the rate of 1.25 days per month, beginning with the first full month of employment. For attendance recording purposes only, this is converted to 4.326 or 4.615 hours per pay period, depending on the employee unit/group.

All full-time faculty members accrue sick leave at the rate of 1.11 days per month beginning with the first month of employment.  For attendance recording purposes only, this is converted to 3.846 hours per pay period during the academic year, for a total of 10 days (75 hours) per academic year.

Sick leave accrued during a given pay period is not available for use until that pay period has ended.  There is no limit to the amount of sick leave that may be accrued or carried over from one year to the next.

Generally, accrued sick leave may be taken when an employee is incapacitated by illness or injury or when the presence of the employee at work may expose other employees to a contagious disease which will jeopardize the health of those employees. Within the limits of each collective bargaining agreement or applicable Board policy, sick leave may also be used to attend to those relatives and individuals living in the employee household or to keep medical appointments that cannot be scheduled outside of normal work hours.

All employees are expected to follow applicable procedures for reporting each unanticipated day of absence for illness.

Employees who have furnished a written doctor's statement specifying the required absence period do not need to call daily to report absences.  All absences, whether for a full day or part of a day, must be reported in a timely manner, according to the Attendance Policy under the General Policies section. Other requirements for reporting absences are set forth in the collective bargaining agreement or Board policy for each employee group.

Sick Leave Banks And Sick Leave

Administrators (APA) Sick Leave Bank
Administrators may sign up for membership in the Sick Leave Bank upon employment.  Membership becomes effective when the Administrator has accumulated six sick leave days and one of these sick leave days is then donated to the Bank.  Annual open enrollment for membership takes place in September of each year.  Thereafter, whenever the accumulation of days in the Bank falls below 25, any member wishing to remain a member must donate another sick leave day to the Bank.  A member who has been off payroll for five days after using his/her total leave accumulation may draw upon the Sick Leave Bank within the limits provided by the APA/Board agreement. Administrators should be aware that no one can draw upon the Bank more than the equivalent of two work years in any five year period.

Classified Staff (AFSCME and Non-Unit) Sick Leave
Five working days after exhausting all sick, vacation and personal leave, an AFSCME bargaining unit member or a Non-Unit Classified unit member is eligible for an extension of sick leave.  Each staff member must be employed with the College for a minimum of 12 consecutive months prior to beginning an extension. Extensions are granted only for personal illness, not for an employee on industrial accident leave.  Extensions may be available for a period of up to 60 days annually, beginning on the date of the first extension.  Requests for an extension are made on a "Request for Extension of Sick Leave" form which is available in the Office of Human Resources.  All requests are forwarded to the College President for action.  The effective date of an approved request will be the beginning of the sixth day of unpaid leave.

Faculty and Librarian (MSCA) Sick Leave Bank
A faculty member or librarian who becomes a member of the bargaining unit after September 1 in any work year will become a member of the Sick Leave Bank by donating one day of sick leave accumulation to the Bank on the date he/she first accrues at least one day of such leave, unless he/she has elected in writing not to become a member during the preceding 30 days.  On October 1 of each academic year, a faculty member or librarian who is not already a member of the Sick Leave Bank will become a member by donating one day of his/her sick leave accumulation to the Bank, unless during the preceding 30 days he/she elected in writing not to become a member of the Bank.  Thereafter, whenever the accumulation of days in the Bank falls below 25, members will be notified that one day of their sick leave will be assigned to the Bank unless the member, within 15 days, provides written notice not to continue as a member of the Bank.  A member who has been off payroll for five days after using his/her total sick accumulation may draw upon the Sick Leave Bank, as needed, within the limits provided by the MSCA/Board agreement.  Faculty and librarians should be aware that no one can draw upon the Bank more than the equivalent of two work years for any single illness or injury in a five year period.  Faculty and librarians should consult Article IV of their contract for further details.

Please see any applicable collective bargaining agreement or Board policy for additional information on sick leave.

Personal Days

Full-time, 12-month employees (administrators, classified staff and librarians) are credited with three days of paid personal leave at the beginning of each calendar year (January 1).  Employees who are hired after the beginning of the calendar year are credited with a pro-rated number of days.
Personal days may be used for any purpose and employees are asked to give at least 24 hours notice before taking a personal day, except in emergency situations.  If the need for personal leave is known in advance, a leave request form must be submitted.

Personal days must be used in the calendar year (by December 31) in which they are credited.  They may not be carried over to the next calendar year.

Faculty earn one day of paid personal leave each semester and are allowed to carry their unused day from the spring semester to the fall.  Personal day(s) may be used at the faculty member's discretion but are not carried forward from one calendar year to the next.

APA and Non-Unit Personal Leave Accruals
New Hires:  

• If hired on or before January 31, receive 22.5 hours (three days) personal leave.
• If hired between February 1 and April 30, receive 15 hours (2 days).
• If hired after May 1 and before August 30, receive 7.5 hours (one day).

Part-time employees receive personal leave on a pro-rated basis.
based on FTE.

AFSCME and Non-Unit Classified Personal Leave Accruals
New Hires (Full-Time) Employees:
If hired between January 1 and March 3l:

• Unit I receives 22.5 hours Personal Leave.
• Unit II receives 24 hours Personal Leave.

If hired between April 1 and June 30:

• Unit I receives 15 hours Personal Leave.
• Unit II receives 16 hours Personal leave.

If hired between July 1 and September 30:

• Unit I receives 7.5 hours Personal Leave.
• Unit II receives 8 hours Personal Leave.

If hired between October 1 and December 3l:       

• Both Unit and Unit II receive 0 hours of Personal Leave.
• Part-time employees receive personal leave on a pro-rated basis based on FTE.
  

Vacation Leave

Unit and Non-Unit classified personnel and professional employees (excluding Faculty members) begin to accrue vacation leave with the first pay period of employment. The following are the accrual rates for each employee category.

AFSCME and Non-Unit Classified Employees
Full-time, benefited AFSCME and Non-Unit Classified employees working a 37.5 hour work week:

Years of Service	Accrual Rate
0-4.5	2.884 hours per pay period or 10 days/year (75 total hours)
4.5-9.5	4.385 hours per pay period or 15 days/year (114 total hours)
9.5-19.5	5.769 hours per pay period or 20 days/year (150 total hours)
19.5 +	7.269 hours per pay period or 25 days/year (189 total hours)

Part-time employees receive prorated vacation accruals based on FTE.   AFSCME and Non-Unit Classified employees may carry up to 480 hours (64 days) of vacation leave from one pay period to the next. Vacation leave in excess of this limit will be converted to sick leave twice a year (April and October).

Full-time, benefited AFSCME and Non-Unit Classified employees working a 40 hour work week:

Years of Service	Accrual Rate
0-4.5	3.115 hours per pay period or 10 days/year (80 total hours)
4.5-9.5	4.615 hours per pay period or 15 days/year (120 total hours)
9.5-19.5	6.230 hours per pay period or 20 days/year (162 total hours)
19.5 +	7.730 hours per pay period or 25 days/year (201 total hours)

Part-time, benefited employees receive vacation accruals based on FTE. AFSCME and Non-Unit Classified employees may carry up to 512 hours (64 days) of vacation leave from one pay period to the next. Vacation leave in excess of this limit will be converted to sick leave twice a year (October and April).

APA Unit Members:

Years of Service	Accrual Rate
0-1	5.769 hours per pay period or 20 days/year (150 total hours)
1-8	6.346 hours per pay period or 22 days/year (165 total hours)
8-16	6.634 hours per pay period or 23 days/year (172.5 total hours)
16-25	7.211 hours per pay period or 25 days/year (187.5 total hours)
25+	8.653 hours per pay period or 30 days/year (225 total hours)

APA Unit professionals may carry up to 480 hours (64 days) of vacation leave from one pay period to the next. Vacation leave in excess of the maximum will be converted to sick leave twice a year (April and October).

Non-Unit Professional (Administrators):

Years of Service	Accrual Rate
0-5	6.346 hours per pay period or 22 days/year (165 total hours)
5-10	6.634 hours per pay period or 23 days/year (172.5 total hours)
10-25	7.211 hours per pay period or 25 days/year (187.5 total hours)
25+	8.653 hours per pay period or 30 days/year (225 total hours)

Non-Unit professionals may carry up to 480 hours (64 days) of vacation leave from one pay period to the next. Vacation leave in excess of the maximum will be converted to sick leave twice a year (April and October).

MSCA Professional Librarians:

All members of the bargaining unit who are employed to work a 12 month work year shall be entitled, during each such year, to an annual vacation leave.

Years of Service	Accrual Rate
0-1	5.769 hours per pay period or 20 days/year (150 total hours)
1-8	6.346 hours per pay period or 22 days/year (165 total hours)
8-16	6.634 hours per pay period or 23 days/year (172.5 total hours)
16-25	7.211 hours per pay period or 25 days/year (187.5 total hours)
25+	8.653 hours per pay period or 30 days/year (225 total hours)

Jury Duty
If you are called for Jury Duty, you will be allowed to take the necessary time off. As a State employee, you may be eligible for leave with pay while serving on a jury.  You must notify and provide a copy of your notice of jury duty to both your supervisor and the Human Resources Department (Time and Attendance Clerk).

On any day or half-day you are not required to serve on a jury, you will be expected to return to work.  In order to receive payment for the workday on which you performed jury duty you must present a Juror Service Certification to your supervisor who will submit it to the Attendance Clerk in the Human Resources Department. This document is issued by the court following juror service and should be given to your supervisor as soon as you receive it.  An employee who receives jury duty fees must remit these fees to the Bursar's Office.

For more information, please see your collective bargaining agreement or contact the Human Resources Department, Time and Attendance Clerk, at extension 5596.

Military Leave
The Uniformed Services Employment and Re-employment Rights Act (USERRA) provides employment and re-employment rights to employees who leave their jobs, voluntarily or involuntarily, to serve in the military, including Reserve and National Guard service.  In accordance with the Veterans Benefits Improvement Act of 2004, MCLA will provide notice of the rights, benefits, and obligations to all persons entitled to rights and benefits under USERRA.  

In accordance with USERRA, MCLA will grant a military leave of absence to employees who are absent from work because of service in the United States uniformed services.  Employees are allowed up to five years of cumulative military leave.  Employees must give MCLA advance notice of military leave unless military necessity prevents such notice.  

Military leave will be unpaid.  Employees may, however, elect to use any available paid time off, such as vacation, for the absence.  

MCLA may fill any vacancies while employees are on military leave.

An employee on military leave for less than 30 days is required to return to work for the first regularly scheduled shift or work day after the end of his or her service, allowing for reasonable travel time.  Employees on longer military leave must apply for reinstatement in accordance with USERRA and applicable state law.

All employees returning from military leave will be promptly rehired either to the position they would have attained had they remained continuously employed by MCLA or to a comparable position depending on the length of military service in accordance with USERRA.  MCLA is excused from rehiring returning service members, or from accommodating those who sustained disabilities during service, when the difficulty or expense would cause undue hardship.  MCLA is not obligated to reinstate temporary employees or workers whose terms would have expired during leave.

MCLA will reinstate service members without any loss of seniority or benefits and all employees will be treated as if they had been continuously employed in terms of the determination of benefits.  On return from service, a service member's group health insurance coverage will be reinstated without any waiting period or exclusions for preexisting conditions, other than those that would have applied even if there had been no absence for uniformed service.  If the health plan coverage of a service member or his or her family members would terminate on account of an absence due to uniformed service, USERRA permits the service member to elect to continue the health plan coverage for up to 24 months after the absence begins, or the period of service, whichever is shorter. 

Sabbatical Leave
Sabbatical leave may be granted to faculty members or professional librarians for the purpose of professional development.  Details and application procedures are specified in the MSCA agreement.

Voting Leave
A maximum of two hours of voting leave may be granted to employees whose work hours at the College would prevent them from getting to the polls while they are open.

Administrative Educational Leave
Administrators may be granted paid leave of absence in accordance with the policies of the Board for educational purposes, to attend conferences, seminars, briefing sessions or other functions of a similar nature that are intended to improve or upgrade the individual's skill or professional ability.  The administrator will not suffer any loss of benefits as a result of such leave.  Details may be found in the APA contract.

UNPAID LEAVES

Unpaid Personal Leave
Employees may be granted unpaid personal leave, at the discretion of the President, to attend to personal or family business.

Professional Educational Leave
At the discretion of the President, employees may be granted unpaid professional or educational leave to pursue a course of study or to engage in other activities relating to professional development.  Details may be found in the applicable collective bargaining agreement or Board policy handbook.