Leaves of Absence FMLA and Medical Leaves at MIT October 2017
FMLA and Medical Leave Categories ▪ MIT Sick Leave Policy ▪ MIT Extended Sick Leave Policy ▪ Massachusetts Sick Leave Law ▪ Maternity Leave ▪ Massachusetts Parental Leave Law ▪ MIT Paid Parental Leave 2
FMLA and Medical Leave Act (FLMA) ▪ Eligibility — Regular full time and part time employees who are working at least 50% of a normal work week and who have been employed for more than 12 months ▪ FMLA provides up to 12 weeks of unpaid job protected leave in a 12 month period for: — Employee’s own serious health condition — Birth and care of employee’s newborn child — Placement of a child with the employee for adoption or foster care — Serious health condition of the employee’s parent, spouse or child — Military caregiver leave — 26 weeks of leave to care for a spouse, son, daughter, parent or next of kin who was injured in the line of duty — Qualifying exigency leave — For eligible employee who needs time off due to a family member being called up to active duty 3
Communication and Responsibility ▪ Employee – requests a leave from a manager by providing general information — not required to discuss medical condition — Completes MIT Leave of Absence Request Form — S ubmits completed medical form in a timely manner; completed by a physician for MIT’s paid sick leave policies ▪ Manager – notifies Disabilities Office of employee’s need for leave — Ensure proper and consistent application of relevant leave policies ▪ Employee and Manager – continued reasonable communication during the leave 4
MIT’s Sick Leave for Support Staff ▪ Sick Leave for Support Staff — 12 sick/personal days credited annually on anniversary date — Institute Holiday during sick leave period will be holiday and not counted against sick leave allowance — Up to 40 hours of accrued sick leave can be used as Sick-Family leave (for family member’s illness or medical/dental appointment) in accordance with the Massachusetts Sick Leave Law — FMLA tracking is initiated after 5 days 5
Extended Sick Leave (ESL) Policy ▪ Benefit: — ESL is paid at 75% of the employee’s base salary for up to a total of 26 weeks — Institute Holiday during ESL is counted as ESL and paid at 75% ▪ Eligibility: — Employed for 1 year — Scheduled to work at least half-time (17.5 hours per week) — Exhausted all accrued sick and personal time — Provide proper medical documentation signed by a physician — Disabilities Office notifies Payroll of ESL approval 6
Massachusetts Sick Leave Law ▪ The first 40 hours of sick leave running from the employee’s anniversary date will be counted as the Massachusetts Sick Leave (section 4.3.22 of the Personnel Policy Manual) — This is included in the 12 days of sick/personal time, not in addition ▪ 40 hours of Massachusetts Sick Leave may be used only for the following purposes — The employee’s own illness or medical/dental appointments — The illness of a member of the employee’s family or a medical/dental appointment for a family member — During a leave for domestic violence, as specified in the Policies and Procedures (section 7.5.7) 7
Maternity Leave ▪ For eligible employees — Starting on the day the baby is born eligible employees will use the following leaves running concurrently — 12 weeks of unpaid job protected leave under FMLA — 8 weeks of unpaid job protected leave under Massachusetts Parental Leave Law — 8 weeks of paid leave under MIT paid sick leave policies — 5 days of Paid Parental Leave under MIT policy ▪ Max of 13 weeks of leave entitlement ▪ Proper medical documentation is required 8
Contact Information ▪ Sarah Peterson Disabilities Services Specialist MIT Human Resources NE49-5000 617-324-0082 smhean@mit.edu OR 617-253-4572 hr-dsmlo@mit.edu ▪ FMLA: http://hrweb.mit.edu/fmla/what-fmla ▪ Personnel Policy Manual: http://hrweb.mit.edu/policy/4-0 ▪ Paid Medical Leave for Examination and Care: http://hrweb.mit.edu/policy/4-3#4.3.2 9
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