Time Off/Leave

Bereavement

In the event of a death in an employee’s immediate family, a leave of up to five (5) consecutive days with full pay may be taken to attend a funeral or handle other affairs in connection with the death. 

"Immediate family" is defined as parents, stepparents, mothers/fathers-in-law, sisters, brothers, brothers/sisters-in-law, children, stepchildren, spouses, domestic partners, other members of the immediate household and may include other individuals of intimate, family-like relationships to the employee. 

In the event of a death of an employee’s extended family member, a leave of one (1) day with full pay may be taken to attend a funeral or handle other affairs in connection with the death. 

“Extended Family” is defined as aunts, uncles, grandparents, grandchildren, cousins, nieces, nephews of both the employee and their spouse/domestic partner and may include other individuals of intimate, family-like relationships to the employee. 

Updated April 2024 

Upon receipt of a Jury Duty summons, employees should promptly notify their Supervisor or Department Head. 

The first three (3) days of Jury Duty are paid in full by the University. 

After three (3) days, the University will pay the difference between the employee’s regular pay and the amount received from the court for Jury Duty for all time served during normal working hours.  

In the event Jury Duty does continue for more than three (3) days, Talent & Inclusion should be notified immediately by sending an email to benefits@wpi.edu. A member of the benefits team will coordinate with payroll to ensure that compensation for relevant pay periods is adjusted to reflect the amount received from the State each day until the employee returns to work. 

Employees on Jury Duty will receive an official voucher from the relevant jurisdiction showing dates and time served and, where applicable, the amount of compensation received. Regardless of how many days are served, the employee must record their Jury Duty hours in Workday by filling out an Absence Request. They must also attach no later than ten (10) days after jury duty is complete a PDF copy of their voucher under the Additional Information section of the Absence Request. 

The intent of this benefit is to provide paid time for medical and dental appointments that cannot be scheduled outside of normal working hours or during the lunch hour.  Regular full-time non-exempt (hourly) and exempt (salaried) employees are eligible for this benefit.  Employees shall be paid for the time they spend at a doctor's visit if they report to work for at least a portion of the workday.  Except for in the case of emergencies, employees should give at least five (5) days’ notice of a medical or dental appointment to their immediate supervisor.  An employee will not be paid more than their regularly scheduled time for the day of the doctor's visit.  This benefit is for employee’s medical visits only.   Please see the Small Necessitates Leave Act section for covered dependents/family members who have routine appointments. 

In accordance with M.G.L. c. 260 entitled “An Act relative to domestic violence” WPI has established a policy to allow employees up to 15 days of unpaid leave in a 12-month period if the employee or a covered family member of the employee is a victim of abusive behavior.  For purposes of this policy, a “rolling” 12-month period will be used, measured backwards from the date an employee uses any domestic violence leave. Employees of WPI may request leave under this policy for the following reasons:   

• The employee of WPI is a victim of domestic violence or a covered family member of an employee of WPI is a victim of domestic violence.  Covered family members include the following relationships:  spouse, fiancée, of a victim of domestic violence, or individual with whom the victim of domestic violence has a substantive dating relationship and who the individual resides with; someone with whom the victim of domestic violence has a child in common; or the parent, step-parent, child, step-child, sibling grandparent, grandchild, or guardian to a victim of domestic violence. 
• Employee leave must be directly related to the abusive behavior, such as seeking or obtaining medical attention, counseling, victim services or legal assistance; securing housing; obtaining a protective order from a court; appearing in court or before a grand jury; meeting with a district attorney or other law enforcement official; or attending child custody proceedings or addressing other issues directly related to the abusive behavior. 

Use of Paid and Unpaid Leave  

Employees may elect to use earned vacation in place of leave without pay within the approved period of the domestic violence leave.  Employees on the biweekly payroll may also elect to use their sick day buy back balances in place of unpaid leave.  In cases where an employee is taking domestic violence leave for a covered family member, the employee will be required to use their vacation/sick day buy back time off before taking unpaid leave.  An employee on leave without pay for 15 or more working days during the fiscal year will receive a prorated share of normal vacation for that year.  Any period of leave without pay is counted as continuous service in determining length of service at the University for purposes of establishing vacation accrual rates, but not for purposes of vacation accrual itself.  Employees on the biweekly payroll who take leave without pay that exceeds a total of 15 days during the year will have a reduction in their total sick days at the rate of one day for every 15 working days of absence (whether or not the days of absence were consecutive). 

Requesting Domestic Violence Leave 

Employees must provide their supervisor with advance notice of the decision to use the leave, unless there is a threat of imminent danger to the health or safety of the employee or a member of the employee's family. An employee who does not give notice must notify their supervisor within three workdays that the leave was being taken under the Act's leave provisions. The notice may be provided by certain specified individuals other than the employee.   

Employees will need to complete a Statement in Support of Need for Domestic Violence Leave and return the form to the Division of Talent & Inclusion. 

Employee Status During and After Leave 

Employees who take leave under the Domestic Violence Leave Act cannot lose any employment benefit accrued prior to the date on which the leave was taken. 

Employees who take leave under the Domestic Violence Leave Act are entitled to the restoration of their original jobs or an equivalent position. 

WPI cannot take negative actions against employees for unauthorized absences if, within 30 days of the last day of absence, the employee provides documentation that the absence was due to domestic violence. The forms of acceptable documentation include documents such as a police report documenting the abusive behavior.   

Documentation Required for Domestic Violence Leave 

WPI may require the employee to provide documentation evidencing they, or their family member, has been a victim of abusive behavior even if the employee provides advance notice of the leave. 

With limited exceptions, information related to the employee's leave must be kept confidential by the employer. 

Employers are prohibited from retaliating against or discriminating against in any manner an employee who exercises rights under the new law. 

Questions relating to the provisions and eligibility requirements for domestic violence leave may be directed to the Benefits Administrator in the Division of Talent & Inclusion. 

WPI typically offers the following paid holidays each year to full and part-time employees.   Eligibility requires that the employee be regularly scheduled to work on that day.  The number of holidays may vary depending on the calendar year.  Typically, when a holiday falls on a Saturday it will be observed on Friday and when a holiday falls on a Sunday it will be observed on Monday.  Please see the Talent & Inclusion website for an up-to-date on calendar. 

• New Years Day 
• Martin Luther King Jr Day 
• Patriot’s Day 
• Memorial Day 
• Juneteenth 
• Independence Day 
• Labor Day 
• Thanksgiving  
  • Day before Thanksgiving – close at 12pm 
  • Thanksgiving Day  
  • Day after Thanksgiving 
• Winter Break 
  • Typically includes the period from December 24 through December 31

It is important to WPI, that employees have some flexibility to observe additional state or religious holidays (for example, Indigenous Peoples Day or Veteran’s Day) when the University is functioning.   

Two (2) float holidays per fiscal year are also granted and may be taken, once supervisor approval has been obtained.  Employees who begin employment at WPI after January 1st and prior to April 1st are entitled to one float holiday.  Those who begin employment after April 1st will be awarded two float holidays the following July 1st. Float holidays can be used to observe state holidays and/or another day of your choosing.  Days not taken in the fiscal year will be forfeited.

Requesting Leaves of Absence 

A leave of absence (leave) is defined as an approved absence from work for a specified period of time for medical, parental, military, or other approved reasons. If an employee finds that they must be out of work for more than three days, they should contact the Leave Specialist to determine if a leave of absence may be necessary. 

Leaves of absence will start on the date of request or date of need. While on leave, an employee must contact the Talent & Inclusion department at least every 30 days. Failure to contact Talent & Inclusion upon request may result in voluntary termination of employment. Failure to return to work upon the expiration of the leave or refusing an offer of reinstatement for which the employee is qualified will also result in voluntary termination of employment. 

Required Documentation 

All requests for a leave of absence must be made on a Leave of Absence Request Form for the particular leave (FMLA, disability accommodation, military, parental, other medical leave, personal leave, etc.) and submitted to the immediate supervisor. An employee must provide 30 days’ advance notice when the need for the leave or absence is foreseeable; for instance, if medical treatments or other events are planned or known in advance. If the leave of absence is not foreseeable, the employee must provide notice to the immediate supervisor as soon as possible. Medical certifications and/or other documentation supporting the need for the leave may be required. 

Return to Work 

Upon return to work, the employee may be required to take a fitness for duty exam or otherwise provide medical clearance. 

Family Medical Leave Act (FMLA)

The University complies with the Family and Medical Leave Act of 1993 (FMLA), as amended. 

The FMLA requires covered employers to provide up to 12 weeks of unpaid, benefits and job-protected leave to eligible employees for the following reasons: 

• For incapacity due to pregnancy, prenatal medical care, or child birth; 
• To care for the employee’s child after birth, or placement for adoption or foster care; 
• To care for the employee’s spouse, son or daughter, parent, or in certain circumstances care for those in nontraditional family arrangements, who has a serious health condition; or 
• For a serious health condition that makes the employee unable to perform the employee’s job. 

Eligibility Requirements 

• Employees are eligible if they have worked for the University for at least one year, for 1,250 hours over the previous 12 months. 
• Eligible employees are entitled to leave of up to 12 weeks in a 12-month period. For purposes of this policy, a "rolling" 12-month period will be used, measured backward from the starting date of the requested leave. Specific provisions and requirements for each type of FMLA leave are detailed below. 

Definition of Serious Health Condition 

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. In the case of the serious health condition of a family member, employees may request leave in continuous periods, intermittent periods, or by a reduced work schedule, to a total of 12 weeks. In cases of reduced schedules or intermittent leave, a department supervisor may transfer the employee temporarily to an alternative position to accommodate the needs of the work area. In such situations, the employee’s salary rate and benefits should remain the same. 

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. Other conditions may meet the definition of continuing treatment. 

Leave Related to an Employee's Own Serious Health Condition (Including Pregnancy and Childbirth) 

In the case of an employee's own serious health condition, including conditions related to pregnancy and childbirth, leave may be approved in continuous periods, intermittent periods, or by a reduced work schedule, in accordance with certification from the employee's health care provider. In cases of reduced schedules or intermittent leave, a department supervisor may transfer the employee temporarily to an alternate position to accommodate the needs of the work area. In such situations, the employee’s salary rate and benefits should remain the same. 

Conditions related to pregnancy and childbirth are considered to be serious health conditions under the FMLA, and disability leaves related to pregnancy and childbirth are administered in the same manner as other disability leaves under the University's sick leave policies. 

Following a medical leave period related to pregnancy and childbirth, an employee may be eligible for additional leave, without pay, for purposes of childcare. In such cases, the combination of the medical leave period and the additional period for childcare leave should not exceed 12 weeks in total. 

Leave to Care for the Employee's Newborn Child 

Leave to care for a newborn child should normally be taken in continuous periods and must be taken within 12 months of the birth of the child. Intermittent leave or reduced schedules may be arranged only if agreed to by both the department supervisor and the employee.  Spouses who are both employed by the University are allowed a combined total of 12 weeks of leave within a 12-month period for the care of a newborn. 

Following a sick leave period related to pregnancy and childbirth, an employee may be eligible for additional leave, without pay, for purposes of childcare. In such cases, the combination of the medical leave period and the additional period for childcare leave should not exceed 12 weeks in total. 

Leave to Care for Employee’s Newly-adopted or Newly-Placed Foster Child 

Leave to care for a newly-adopted child or to care for a child newly-placed with an employee for foster care, should normally be taken in continuous periods and must be taken within 12 months of the placement of the child. Intermittent leave or reduced schedules may be arranged only if agreed to by both the department supervisor and the employee. 

Spouses who are both employed by the University are allowed a combined total of 12 weeks of leave within a 12-month period for the care of a newly-adopted or newly-placed foster child. 

Requests for leave to exceed 12 weeks will be reviewed in accordance with the specific circumstances of the request, considerations of work coverage, and the provisions of the University's general policy on leave without pay. 

Leave to Care for a Family Member with a Serious Health Condition 

Employees may request leave in situations where they are required to participate in the care of a seriously ill child, parent or spouse. Requests for leave to care for other seriously ill family members or members of an employee's household may be considered on a case-by-case basis. 

An employee may request leave in continuous periods, intermittent periods, or by a reduced work schedule to a total of 12 weeks, in accordance with certification from the family member's health care provider. In cases of reduced schedules or intermittent leave, a department supervisor may transfer the employee temporarily to an alternate position to accommodate the needs of the work area. 

Requests for leave to exceed 12 weeks will be reviewed in accordance with the specific circumstances of the request, considerations of work coverage, and the provisions of the University's general policy on leave without pay. 

Military Family Leave Entitlements  

Eligible employees with a spouse, son, daughter, or parent on active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. 

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. A covered service member is: 1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise on the temporary disability retired list for a serious injury or illness*; or 2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. 

*The FMLA definition of “serious injury or illness” for current servicemembers and veterans is distinct from the FMLA definition of “serious health condition.” 

Requesting Family Medical Leave 

Employees are expected to provide as much advance notice of the need for leave as is possible to allow for planning of coverage in the work area.  Notice of at least 30 days is preferred when the need is foreseeable.  Application for family medical leave requires the completion of Request for Family Medical Leave with the proper authorizations.  Employees must provide sufficient information for the employer to determine if the leave will qualify for FMLA protection. 

In addition, certification from a qualified health care provider will be required for approval of a leave to care for an injured or seriously ill family member.  Please contact the Leave Specialist for copies of the U.S. Department of Labor's Form for Certification of Physician or Practitioner.  Such certification should be provided prior to the beginning of the leave (or in as timely a manner as possible) and should include:  the date on which the illness or condition began; the estimated duration of the condition; a statement that the illness or condition warrants the participation of the employee to provide care, and in the case of intermittent leave, the dates and duration of treatments to be given. 

Additional certification may be requested for any extension of a leave period beyond the dates originally approved. 

Failure to provide requested information in a timely manner may result in the delay or denial of FMLA leave. 

Use of Vacation Leave during Family Medical Leave 

Employees may elect to use earned vacation in place of leave without pay within the approved period of family medical leave.  Employees on the biweekly payroll may also elect to use their sick time exchange balances in place of unpaid leave.  In cases where an employee is taking FMLA to care for a family member, the employee will be required to use their vacation/sick day exchange time off before taking unpaid leave. 

An employee on leave without pay for 22 or more working days during the fiscal year will receive a prorated share of normal vacation for that year.  Any period of leave without pay is counted as continuous service in determining length of service at the University for purposes of establishing vacation accrual rates, but not for purposes of vacation accrual itself. 

Employees on the biweekly payroll who take leave without pay that exceeds a total of 22 days during the year will have a reduction in their total sick days at the rate of one day for every 22 working days of absence (whether or not the days of absence were consecutive) 

Continuation of Benefits during Family Medical Leave 

Health plan coverage and life insurance coverage continue during family medical leave periods. 

Under IRS rules, contributions to the WPI Retirement Plan are not allowed during periods of leave without pay.  Deposits to the University's Flexible Reimbursement Accounts also stop during periods of leave without pay; however, claims may continue to be filed against an account for a limited period. 

Health benefits during Family and Medical Leave Act (FMLA) leaves are maintained by the University on the same terms as if the employee continued to work. Please contact the Leave Specialist for clarification. In such circumstances, arrangements must be made by eligible employees to pay their share of the health insurance premium on a monthly basis to maintain insurance coverage. Please contact the Talent & Inclusion Department to determine the amount of your contribution. The University’s obligation to maintain health benefits stops when: 

• An employee informs the University of an intent not to return to work at the end of the leave period; or 
• An employee fails to return to work when the FMLA entitlement is exhausted; or 
• An employee’s premium contribution is past due. 

The University will be entitled to recover premiums paid to maintain health insurance coverage for an employee who fails to return to work from leave. 

Employees should contact the Division of Talent & Inclusion for detailed information regarding benefits continuation during periods of leave without pay. 

Conditions of Return from Family Medical Leave 

At the completion of the approved leave period, an employee will be reinstated to the former position or a position of equivalent classification and pay within the department.  If the position has been eliminated (due to a reduction in the work force or other operational change under circumstances applying equally to other similar positions in the department), efforts will be made to find other suitable employment at the University. 

Return from family care leave should be at the same work schedule at which the employee was working when he or she left.  However, a supervisor may agree to have a full-time employee return on a part-time schedule if it is mutually convenient; if so, the new schedule must be at least 50% of a normal workweek. 

Questions relating to the provisions and eligibility requirements for family care leave may be directed to the Benefits Administrator.   

Failure to return to work at the end of the family medical leave (without an approved extension) shall be considered a resignation. 

For additional information on FMLA, please consult Department of Labor website. 

Massachusetts Paid Family and Medical Leave (PFML)

The University complies with Massachusetts Paid Family and Medical Leave (PFML) to provide job-protected paid family and medical leave to eligible employees and former employees in accordance with the Massachusetts Paid Family Medical Leave Law MPFMLL). 

Eligibility Requirements 

This Policy applies to all “financially eligible” WPI employees—including full-time, part-time, permanent, on call, per diem, temporary and seasonal employees— who perform services within Massachusetts. 

This Policy applies to such unemployed former employees for twenty-six (26) weeks after separation or until re-employed, whichever comes first. 

This Policy does not apply to: (a) existing or former employees who do not perform services within Massachusetts, (b) independent contractors, (c) exempt student workers, (d) H-2A visa holders, or (e) any other categories of workers who are exempted under the PFML. Current and former employees as described in this section may be referred to collectively in this Policy as “covered individuals.” 

Definitions 

For purposes of this Policy, the following terms shall have the following meanings: 

Average Weekly Wage: An amount equal to one twenty-sixth of the total wages earned by the employee at WPI in the two highest quarters of the 12 months preceding the start of leave taken under this Policy. 

Benefit Year: The period of 52 consecutive weeks beginning on the Sunday immediately preceding the first day that an employee takes leave under this Policy. 

Child: A biological, adopted, or foster child, a stepchild or legal ward, a child to whom the employee stood in loco parentis when the person was a minor child, or a child with whom the employee had legal guardianship regardless of age or dependency status. 

DFML: The Massachusetts Department of Family and Medical Leave 

Employee: Any person employed by the University on a full-time, part-time, temporary, or seasonal basis, who is “financially eligible” under the MPFMLL, excluding exempt student employees, H-2A visa holders, any employees who do not perform services in Massachusetts, and any other employees exempted under the Law. 

Family Member: The spouse, domestic partner, child, parent, or parent of a spouse or domestic partner of the employee; a person who stood in loco parentis to the employee when the employee was a minor child; or a grandchild, grandparent, or sibling of the employee. 

Financially Eligible Employee: An employee who earned at least $5,100 in the preceding 12 months, and who is otherwise eligible for coverage under the Massachusetts unemployment insurance law. Specific questions regarding financial eligibility may be directed to benefits@wpi.edu 

Healthcare Provider: A person licensed to practice medicine, surgery, dentistry, chiropractic, podiatry, midwifery, or osteopathy or other persons determined by the DFML (Department of Family and Medical Leave) to be capable of providing healthcare services. 

MPFMLL: The Massachusetts Paid Family and Medical Leave Law, M.G.L. c. 175M. 

Serious Health Condition: According to the DFML, a serious health condition is a physical or mental condition that prevents covered individuals from performing their job for more than 3 consecutive full calendar days and requires: 

• Two or more treatments by a health care provider (in-person or during telehealth visit) within 30 calendar days of an inability to perform job duties, or 
• Overnight stay in a hospital, hospice, or medical facility, or 
• At least one treatment by a health care provider within 30 days of an inability to perform job duties, with plans for continued treatment, including prescriptions. 

• Serious health conditions include: 

• Pregnancy, including prenatal care and post birth medical recovery. 
• Chronic conditions, like asthma or diabetes, that stop a covered individual from working some of the time, continue, and require going to the doctor more than twice a year. 
• Permanent or long-term conditions like Alzheimer’s disease, stroke, or terminal cancer, that might not be curable and will need ongoing attention but will not necessarily require active treatment. 
• Conditions requiring multiple treatments, like chemotherapy, kidney dialysis, or physical therapy after an accident. 
• A substance abuse disorder if the patient is receiving treatment from a health care provider, by a provider of health care services on referral by a health care provider, or by a program licensed by the MA Department of Public Health. (Note - Absences due to an employee’s use of the substance does not qualify for PFML). 

State Average Weekly Wage: The average weekly wage for the Commonwealth of Massachusetts as determined by the Deputy Director of the Division of Employment and Training. 

Types and Amounts of PFML 

The types and duration of paid leave available to a covered individual under this Policy are as follows (family and/or medical leave): 

In each benefit year, the maximum amount of PFML that may be taken under this Policy is 26 weeks in total. Below, is a summary table to illustrate available PFML with effective dates: 

Counting Leave: Leave allotments are based on the number of hours or days an employee works. When the employee works variable hours, the amount of leave that the employee uses is determined on a pro rata or proportional basis. If an employee’s schedule varies from week to week, a weekly average of the hours scheduled over the 12 months prior to the beginning of the leave period will be used. 

Coordination With Other Types of Leave or Approved Time Off: If an employee takes leave that is associated with a qualifying reason under this Policy and is also eligible for leave or approved time off under any other law (including, but not limited to, the federal Family and Medical Leave Act (“FMLA”), the Massachusetts Earned Sick Time Law, and the Massachusetts Parental Leave Act) other University policies and programs (including, but not limited to, parental leave, short and long term disability, vacation time, sick time, personal time, or any other type of approved absence from work), or collective bargaining agreement, such absence shall run concurrently with leave under this Policy, regardless of whether the employee applies for benefits under this Policy. 

Intermittent or Reduced Schedule PFML 

Subject to the above limits on the length of leave, paid leave may be approved by the University on an intermittent or reduced leave schedule for the serious health condition of the employee, the serious health condition of an employee’s family member, to care for a family member who is a covered service member, or for a qualifying exigency arising out of a family member’s active duty or impending call to active duty in the Armed Forces. 

In the case of leave to bond with a child during the first twelve months after the child’s birth, adoption, or foster care placement, leave may be taken consecutively or on a reduced leave schedule only if the employee and WPI mutually agree. 

Taking leave intermittently or on a reduced leave schedule shall result in a proportionate reduction in the employee’s available allotment of leave. 

Where the employee is taking leave on an intermittent or reduced schedule basis, the waiting period shall be seven consecutive calendar days, starting from the first instance of leave, not the aggregate accumulation of seven days of leave. 

An employee who is approved for and takes leave on an intermittent or reduced leave schedule and who fails to work during the times or on the schedule to which they agreed may be subject to discipline. 

Where intermittent leave has extended for a period of more than the initial period cited in the healthcare certification or more than six months from the date of approval by WPI, WPI may seek a medical recertification of the employee’s serious health condition. 

For employees taking intermittent leave, a fitness for duty certification may be required once every 30 days if reasonable safety concerns exist regarding the employee’s ability to perform job duties. 

Amount of Pay Employees Receive While on PFML 

Weekly Wage Replacement Benefit: An employee who is taking paid leave under this Policy will receive a weekly wage replacement benefit per the MA PFML calculation; PFML state calculations can be determined on https://calculator.digital.mass.gov/pfml/yourbenefits/ Benefits payment is based on your individual average weekly wage, the state average weekly wage for Massachusetts workers, your benefit year, and the type of leave you are taking. In 2023, the maximum weekly benefit is $1,129.82. 

Offsets: The weekly benefit amount shall be offset or reduced by the amount of wages or wage replacement benefits that an employee on PFML receives from any government program or law, including unemployment or workers’ compensation benefits, other than for permanent partial disability incurred prior to the PFML claim; or under any other state or federal temporary or permanent disability benefits law; or through a permanent disability policy or program offered by WPI. 

Initial Seven-Day Waiting Period: No wage replacement benefits are payable during the first seven calendar days of leave; however, the employee may utilize accrued sick, vacation, or other accrued paid leave during this time. Whether or not accrued paid time is used, the initial seven-day waiting period will count against the total available period of leave in a benefit year. If an employee takes medical leave that is supported by documentation from a healthcare provider during pregnancy or recovery from childbirth and such medical leave is immediately followed by family leave, the seven-day waiting period shall not apply to the family leave. 

Use of Accrued Paid Time Benefits: Employees on PFML may choose (but are not required) to use accrued sick time, vacation time, and/or other accrued paid leave provided by the University rather than receive the wage replacement benefits provided for in this Policy. Employees must comply with WPI’s normal policies for use of accrued paid time off. If an employee chooses to use accrued paid leave, such leave will run concurrently with the leave periods under this Policy. 

University Wage Replacement Benefits: Benefited employees are eligible to receive wage replacement benefits under other University policies and benefit programs and collective bargaining agreements (including, but not limited to, Short Term Disability) that may exceed wage replacement benefits required under the MPFMLL. In such cases, the employee will receive the greater of the various benefits that are available for the covered reasons, and the leave taken will run concurrently with PFML. 

Contributions by Employees for PFML Benefits: WPI will cover the premium tax cost for Employee Own Health Conditions as required by DFML (Department of Family and Medical Leave). Employees will be responsible for contributions for the premium tax related to Care for Family Member. This will be paid through payroll deduction.  To administer PFML benefits, WPI has engaged Prudential Insurance Company, rather than to use the state's process. As noted below, the University maintains its right to amend this Policy consistent with the MPFMLL. No paid leave benefits will be available to covered individuals from the state-sponsored benefit plan administered by the DFML (Department of Family and Medical Leave) while this policy remains in effect. 

Wage Replacement Received While on Intermittent or Reduced Schedule Leave: For an employee who takes leave on an intermittent or reduced schedule leave for any of the qualifying reasons set forth above, the weekly benefit will be reduced in direct proportion to the intermittent or reduced leave schedule. 

Health Benefits During PFML 

During the duration of a current, benefited employee’s PFML, the University shall continue to provide for and contribute to the employee’s employment-related health insurance benefits, at the level and under the conditions that coverage would have been provided if the employee had continued working continuously for the duration of such leave. This provision shall not apply to former employees. Current employees will be required to remit their portion of the premiums in accordance with the procedures applicable to other types of leave. 

Appeals 

Covered individuals shall have up to ten (10) calendar days to file an internal appeal of a denial of PFML with Prudential. The ten-day period may be extended where the employee establishes that circumstances beyond their control prevented the filing of a request for an appeal within ten calendar days. Appeals must be in writing and must include: (a) a detailed explanation of why the covered individual believes that the denial was in error, and (b) copies of any available supporting documentation. All appeals under this Policy should be submitted in accordance with Prudential’s appeals process. 

Covered individuals will be informed in writing of the outcome of the internal appeal and of their rights under the MPFMLL and applicable regulations. 

Covered individuals also have a right to appeal to the DFML. Covered individuals are required to participate in the internal appeal process prior to exercising their right to appeal with the DFML. The DFML may be contacted at MassPFML@Mass.gov. 

Reinstatement Following PFML 

Upon return from PFML, a current employee shall be restored to the employee’s previous position or to an equivalent position with the same status, pay, employment benefits, if any, length-of-service credit, and seniority as of the date of the leave. This provision shall not apply to people who were former employees as of the date they went out on leave. An employee will not be entitled to any employment rights or benefits greater than those the employee would have had in the absence of taking such leave. 

Requesting PFML 

WPI has selected Prudential Insurance to serve as the third-party administrator for PFML. Covered individuals can make requests for PFML to Prudential after speaking with the WPI Leave Specialist in the Benefits Office benefits@wpi.edu 

Covered individuals must provide at least 30 calendar days’ notice of the anticipated start date of the leave, the anticipated length of the leave, the type of leave, and the covered individual’s expected return date. If, for reasons beyond the covered individual’s control, the covered individual cannot provide 30 days’ notice, then the covered individual must provide notice as soon as is practicable. Covered individuals seeking PFML must submit a certification evidencing that the leave is for a qualifying reason. The specific Certification Form required, supplied by Prudential, will depend on the type of leave requested. When requesting leave for planned medical treatment, the covered individual must consult with the University and make a reasonable effort to schedule the treatment so as not to unduly disrupt unduly University operations, subject to the approval of the healthcare provider. 

Approval of PFML 

Covered individuals requesting PFML under this Policy will be notified by Prudential within 14 calendar days regarding whether they are approved or denied, or if additional information or documentation is needed to review and process the claim. 

Notice regarding approval of leave shall include: (a) the reason for the approved leave benefits, (b) the duration of the approved leave benefits, (c) for intermittent leave, the frequency and duration of the leave benefits, and (d) the expiration of the approved leave benefits. 

Notice regarding denial of leave shall include information about the employee’s right to appeal under this Policy as well as the rights afforded the employee pursuant to the MPFML and applicable regulations. 

PFML benefits (i.e., leave benefits not covered by existing WPI policies, programs, or agreements) shall be paid by Prudential. 

When a leave of absence request is considered under this Policy, all presumptions shall be made in favor of the availability of leave and the payment of leave benefits. 

Leave Extensions 

Employees who are unable to return to work on the date scheduled must notify both their supervisor/manager and the Office of Talent & Inclusion immediately. Employees who experience a change in relevant circumstances that would justify an extension, reduction or other modification of the period of leave or the amount of benefits must notify their supervisor/manager and the Office of Talent & Inclusion within seven (7) days of the change. Employees must provide information requested by the Office of Talent & Inclusion to support any request for an extension or modification of leave, which may include a newly completed or updated certification. If an employee fails to return to work as scheduled or does not receive approval to extend the return-to-work date, PFML payments will cease. 

The initial seven (7) calendar day waiting period for benefits shall not apply to an approved extension of benefits, and any extension of a leave shall be limited to the period of PFML for which the employee remains eligible in the benefit year under this Policy. 

Job Protection 

WPI prohibits discrimination and retaliation against an employee who takes leave pursuant to this Policy or who otherwise exercises rights provided for by the Law. Employees similarly shall not be subject to retaliation or threats of retaliation for filing a complaint or instituting or causing to be instituted a proceeding under or related to MPFMLL, or for testifying in an inquiry or proceeding or giving information connected to any inquiry or proceeding relating to the law. Nothing in this section shall limit the University’s ability to reasonably communicate with an employee who is approved for leave benefits under this Policy. Similarly, this section shall not limit the obligation of employees who are approved for leave benefits to comply with the reasonable attendance and call-in procedures established for their position. 

Full-time employees in the reserve branches of the Armed Forces or National Guard units required to attend two weeks active training on an annual basis shall be granted military leave for such training upon the presentation of military orders to the Division of Talent & Inclusion. 

Full pay will continue, as usual, while serving reserve duty.  Any payments for military training leave must be used to reimburse WPI for paid leave. 

Failure to return to work at the end of the military leave (without an approved extension) shall be considered a resignation. 

The University complies with applicable federal and state law regarding military leave and re-employment rights. Unpaid military leave of absence will be granted to members of the uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (with amendments) and all applicable state law. Appropriate documentation of the need for the leave is required to be submitted to Talent & Inclusion prior to the leave unless military necessity makes this impossible. An employee returning from military leave of absence will be reinstated to the previous or similar job in accordance with state and federal law. You must notify your manager of your intent to return to employment based on the requirements of the law. For more information regarding status, compensation, benefits and reinstatement upon return from military leave, please contact Talent & Inclusion. 

Aligning with eligibility criteria under the Massachusetts Parental Leave, any employee that has been employed for at least 3 consecutive months is entitled to up to 8 weeks of paid parental leave, to be used within the first 12 months after the child’s birth or adoption. WPI offers paid parental leave to caregivers. 

Under this benefit a caregiver is defined as someone who has  responsibility for the care of a child immediately following birth/adoption.  Caregivers are also those individuals who have recently become parents through actions of custody. This definition thus applies to both births and adoptions. 

Employees must provide advance notice and an intent to return by contacting the Leave Specialist. WPI recommends a four (4) month notification whenever possible.  Salary continuation for parental leave is available only for the period of time you would normally be at work (i.e., if you work an academic-year schedule, you would not be eligible for paid parental leave during the summer). 

Parental leave is considered time used against the maximum twelve weeks of FMLA.  Refer to the FMLA Section for more details on FMLA.   This time is also considered time used against the twenty (20) weeks maximum under PFML. Refer to the PFML section for more details. Employees who take parental leave will be reinstated to their regular position upon their return.  Failure to return to work at the end of the parental leave (without an approved extension) shall be considered a resignation. 

An employee may request a personal leave of absence from their supervisor, upon approval, the employee must notify the Leave Specialist.  While taking an unpaid leave, employees remain responsible for their portion of the cost of elected benefits.  Also, sick and vacation time are not accrued during an unpaid leave, and employees on leave are not eligible to receive holiday pay (if applicable) during the leave.  All available paid time must be exhausted before unpaid time is used. 

Requests for unpaid leave must be coordinated through the Division of Talent & Inclusion and requires review and approval by a supervisor, department head and division head.  Every attempt will be made to reinstate employees to the same or similar position upon their return from a personal leave.  Failure to return to work at the end of a personal leave (without an approved extension) shall be considered a resignation. 

Sick days are intended to provide income in the event that a non-work-related personal illness or injury prevents an employee from performing their job.  When calling in sick, employees must speak directly to a supervisor.  A statement from a physician must be provided to the Leave Specialist after five or more consecutive sick days.     

Supervisors have the principal responsibility for the proper and consistent application of the sick leave policy.  Regular and consistent attendance is important for the overall effectiveness of the University.     

Employees may use up to six (6) sick days of their total accumulated sick days for the following purposes: (1) to care for a physical or mental illness, injury or medical condition affecting an ailing member of their immediate family or member of their household.  "Immediate family" is defined as parents, grandparents, stepparents, stepchildren, sister, brother, child, spouse, domestic partner or other member of the immediate household and (2) to attend routine medical appointments of their child, spouse, parent, or parent of a spouse.   Please also see the Small Necessities Leave Act section for additional information.   

Non-Exempt (Hourly) Staff 

Paid sick days eligibility begins to accrue at hire and one sick day per month is accrued until the following June 30th.  On July 1st employees are credited with twelve (12) sick days for the coming fiscal year.  Unused sick days may be carried over to the next year to accumulate a maximum of 20 sick days. 

Sick Days Example for Part-time Non-Exempt (Hourly) Staff 

If a part-time employee works 30 hours a week for 52 weeks in a department where the non-exempt co-workers work 37.5 hours per week, sick time would be determined as follows: 

                                                                     30      

                                                           37.5 x 90 hours = 72 hours 

Once the amount of available sick time is determined, the part-time employee is allowed to use up to one half (1/2) of the total accumulated sick time to care for a member of the employee’s immediate family or member of their household. 

Exempt (Salaried) Staff 

Full-time employees are eligible for unlimited sick days, subject to review by a supervisor, and in the case of an extended illness or injury subject to medical review and approval.  Beginning the day a non-work related accident or illness occurs, monthly income benefit payments provide 100% of your base monthly earnings for a maximum of 26 weeks.  Full-time employees may use up to six (6) sick days, for the following purposes: to care for a physical or mental illness, injury or medical condition affecting their child, spouse, parent, or parent of a spouse; or to attend routine medical appointments of their child, spouse, parent, or parent of a spouse. 

Sick leave is not part of salary or wages to which an employee is entitled regardless of need; it is not payable upon termination.   

Temporary Staff- JULY 1 

Effective July 1, 2015 temporary employees are eligible to accrue and use sick time for every 30 hours worked.   

Employees hired after July 1, 2015, are eligible to start accruing and using sick time after their 90th calendar day of employment.  

Additional information about the Massachusetts Earned Sick Time Law . 

Massachusetts Earned Sick Time is not eligible for sick time exchange. 

Small Necessities Leave Act

In accordance with the Small Necessities Leave Act, all WPI employees are entitled to 24 hours of unpaid leave during any 12-month period to attend to certain family obligations, such as but not limited to: 

• Participating in school activities related to the educational advancement of a son or daughter; 
• To accompany a child on a routine medical or dental appointment; 
• To accompany an elderly relative on a routine medical or dental appointment or for other professional services related to the elder’s care. 

WPI believes that time away from work is important to the health and well-being of our employees.  WPI provides generous time off benefits and encourages all employees to utilize their vacation days to rest and recharge.  Vacation benefits are provided to both full-time and part time employees.  Vacation time is earned each payroll cycle and accrues based on an individual’s status, work schedule and length of service.  Vacation may not be taken until it is earned.  Employees begin earning vacation time immediately upon hire. (Note: Union employees should refer to their contract for information about applicable vacation and time off policies. Faculty should refer to the Faculty Handbook.)          

Non-Exempt (hourly) Vacation Benefits 

For non-exempt (hourly) employees, vacation accrues as follows: 

Bi-weekly Accrual rate  

Non-exempt Employees who work regular scheduled hours of less than 40 will receive prorated vacation benefits.   

For example: 

A 24 hour per week hourly employee that has been employed 3 years would accrue two weeks or 48 hours in the year. There are 26 pay dates in the year so each pay cycle this employee would earn 1.85 hours of vacation time (48 hours / 26 pays) 

Exempt (monthly) Vacation Benefits 

For exempt (salaried) employees, vacation accrues as follows:

Exempt employees who work regular scheduled hours of less than 40 will have prorated vacation benefits.   

For example: 

A 24 hour per week salaried employee that has been employed 5 years would accrue four weeks or 96 hours in the year. There are 12 pay dates in the year so each pay cycle this employee would earn 8 hours of vacation time (96 hours / 12 pays) 

Vacation time must be requested and approved in Workday.  Please work with your manager to  ensure adequate staffing to support the operational needs of the University.     

Maximum Vacation Accrual 

The maximum amount of vacation hours you can accumulate in your vacation bank is 1.5 times your regular annual accrual.  Once that maximum is reached, further accruals will cease until vacation hours are taken and your vacation bank falls below the maximum allowed.  You will not accrue vacation during an unpaid leave of absence. 

For example: 

Long Service Vacation Awards 

In recognition of 15 or more years of service, WPI provides an additional vacation award to employees.  Beginning at 15 years of service and awarded every five years following (i.e.  15, 20, 25, 30 etc…) eligible employees receive one additional week (5 days) of vacation for use in that anniversary year. This additional time off is awarded on the employee’s anniversary date, must be used within the anniversary year, does not accrue beyond the anniversary year or contribute to the maximum accrual amount.  Unused long service awarded vacation time will be forfeited at the end of the anniversary year if not used. 

Vacation upon termination 

Employees will be paid for all accrued, unused vacation time upon termination of employment. 

Scheduling of Vacations 

Prior to requesting vacation leave, an employee should check to determine their current balance available in Workday. Supervisors have responsibility for coordinating and approving vacation schedules of their employees, following employees' preferences whenever work requirements in the department permit. The amount of vacation to be taken in any one period of time should be discussed well in advance with the supervisor, to allow adequate time to plan for work coverage. 

The employee is responsible for checking the number of vacation days accrued and then seeking permission from the supervisor for vacation.  The employee will submit an absence request in Workday to include all requested vacation days.  The supervisor will complete the approval task following the submission. 

Holiday During Vacation 

If a recognized University holiday falls on an employee's regularly scheduled workday during the vacation, the day is paid as a holiday and is not counted against vacation balances.