G.1.10 Family and Medical Leave

Marine Biological Laboratory
Policy No. G.1.10

Human Resources

Initiated by: Human Resources Director
Approved by: MBL Director/CEO
Date: August 5, 1993
Revision #7, January 1, 2022
Distribution: MBL Community

1.0 Policy Statement

Both federal and state laws provide eligible employees with leave time for family and medical issues. This document describes MBL’s policies regarding these types of leave and is intended to comply with all applicable family and medical leave laws.  In particular, the policies in this document address the following laws:

• Massachusetts Parental Leave Act (State Law)
• Family and Medical Leave Act (FMLA) of 1993 (Federal Law)
• Small Necessity Leave Act (SNLA) (State Law)
• Massachusetts Paid Family and Medical Leave law (State Law)

In the event of any conflict between applicable law and MBL policy, MBL will comply with the applicable law.   

2.0 Massachusetts Parental Leave Policy 

• 2.1 Eligibility
  • 2.1.1 All regular full and part-time employees who have completed MBL’s initial probationary period of three (3) months.
• 2.2 Provisions
  • 2.2.1 Massachusetts’ parental leave law allows eligible employees to take up to 8 weeks of unpaid leave for the purpose of (1) giving birth to a child or caring for a newborn, (2) the adoption of a child under 18 years old, or (3) the adoption of a person under 23 years old who is mentally or physically disabled.
  • 2.2.2 The phrase “for the purpose of” giving birth or adopting refers to preparing for or participating in the birth or adoption of a child. Thus, the leave must begin shortly before or after the birth or adoption.
  • 2.2.3 To the extent eligible, employees may (but are not required) to use accrued vacation or sick time during any unpaid portion of parental leave. 
• 2.3 Required Notice and Reinstatement
  Employees who intend to take parental leave under this policy are required to give MBL at least two weeks’ notice of their anticipated date of departure or must provide notice as soon as practicable if a delay is for reasons beyond the employee’s control. Upon giving notice of an intention to take leave, an employee must inform MBL of an expected return to work date. If the employee returns at the completion of the leave entitlement, he or she will be reinstated to his or her previous position or to a substantially similar position, provided that the employee’s job still exists and the employee would have continued to be employed in that job had he or she not taken leave.  An employee who fails to return to work at the end of his or her leave or at the end of the eight-week leave period will be considered to have voluntarily resigned from his or her employment. 
• 2.4 Benefits. 
  If MBL pays for any portion of an employee’s health insurance, MBL will continue to pay its normal share of insurance costs while the employee is out on parental leave.  Employees will be advised by Human Resources about the timing and the method of payment on the employee’s portion of the health insurance premium.  In the event that the employee does not return to work after his/her leave, the employee must reimburse MBL for any health insurance payments MBL made for the employee’s benefit while the employee was on unpaid leave.  If the employee elects to continue certain non-health benefits while on leave, he or she will be required to pay his or her normal costs associated with the maintenance of any supplemental life or disability insurance. An employee does not accrue additional benefits such as vacation or sick days while on parental leave.    
• 2.5 Coordination with Other Laws
  In many cases, eligible employees will also qualify for leave under the federal Family and Medical Leave Act and Massachusetts Paid Family and Medical Leave law, which run concurrently with parental leave.  Where applicable, leaves under this policy will run concurrently with any other leave available under applicable state, local or federal law.

3.0 Family and Medical Leave Act

3.1 Leave Entitlements

An eligible employee may take a maximum of 12 workweeks of unpaid family and medical leave under the federal Family and Medical Leave Act (FMLA) during any 12 month rolling period (measured backward from the date FMLA leave commences) for one or more of the following reasons:

• The birth of the employee’s child, or placement of a child with the employee for adoption or foster care and in order to care for that child;
• To care for the employee’s spouse, child, or parent who has a serious health condition;
• For a serious health condition of the employee that makes the employee unable to perform the essential functions of his or her job;
• For any “qualifying exigency” arising out of the fact that the spouse, child, or parent of the employee is on “covered active duty” or has been notified of an impending call or order to “covered active duty” in the Armed Forces.

An eligible employee may take up to a total of 26 workweeks of unpaid family and medical leave during a single 12-month rolling period (which begins on the first day the eligible employee takes military caregiver leave and ends 12 months after that date) to care for a spouse, child, parent or “next of kin” (as defined below) who is:

(a) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a “serious injury or illness” (as defined below), or

(b) a veteran who is undergoing medical treatment, recuperation, or therapy, for a “serious injury or illness” and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes the medical treatment, recuperation, or therapy. 

During this single 12-month period, any family and medical leave taken by the employee for the reasons set forth in paragraph 1 of this section will count toward the employee’s 26 weeks of servicemember family leave.  The 26-week servicemember family leave entitlement shall only be available during a single 12-month period.

3.2  Eligibility

An employee is eligible to take FMLA leave if:

• The employee has at least 12 months of service with MBL;
• The employee has worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave; and
• The employee is employed at an MBL worksite where 50 or more MBL employees are employed within 75-miles of the worksite.

3.3  Calculating the 12-month Period

For purposes of calculating the 12-month period during which leave may be taken (other than when calculating the single 12-month period for military caregiver leave described above), MBL uses a rolling 12-month period measured backward from the date FMLA leave commences.

3.4  Scheduling of Leave

1. Family leave, i.e., leave for childbirth, adoption, or foster care must be taken and completed within one year of the birth, adoption, or the initiation of foster care.  Such leave ordinarily must be taken all at once unless the employee’s supervisor agrees to an alternative leave arrangement that satisfies the operational needs of MBL.

2. Medical leave, i.e., leave for the serious health condition of an employee or the employee’s relative, may be taken whenever medically necessary.  Depending on the circumstances, medical leave may be taken all at once, intermittently, or on a reduced leave basis.  However, if the employee’s need for intermittent leave or leave on a reduced basis is foreseeable based on planned medical treatment, the employee must make a reasonable effort to schedule the treatment in a way that will minimize disruptions to MBL’s operations.  MBL may, with justifiable cause, ask an employee to modify his or her treatment schedule in order to better accommodate MBL’s needs.

3.5  Employee Notice Requirements 

            a. In cases of foreseeable leave due to a qualifying exigency arising out of the covered active duty or call to covered active duty of a covered family member, employees must provide notice to his or her supervisor and Human Resources as soon as practicable under the circumstances.  In other instances where leave is foreseeable, employees must provide at least thirty (30) days advance notice of the leave request.  Such request should be described in writing on the appropriate form available from Human Resources including employee’s reason for requesting leave as well as its anticipated start and end date.                       

            b. If an employee’s need for FMLA leave, or its approximate timing, is not foreseeable, the employee is expected to give his or her supervisor and Human Resources notice of his or her request as soon as possible under the circumstances.  Ordinarily, such notice should be provided within one to two working days after the employee learns of the need for the leave.                        

            c. When a leave is foreseeable, an employee must, upon giving notice of an intention to take leave, inform MBL of the anticipated timing and duration of the leave.  An employee who fails to return to work at the end of his or her leave will be considered to have voluntarily resigned from his or her employment unless the employer and MBL previously agreed to extend the employee’s leave.

3.6  Conditions on and Details Regarding Use of Leave

1. Leave for Birth Or Placement For Adoption Or Foster Care Of A New Son Or Daughter

All leave taken for purposes of birth and caring for a new son or daughter, or placement of a new son or daughter for adoption or foster care, must be taken consecutively during a period of no more than 12 weeks and may not be taken on an intermittent or reduced work schedule.  An employee must conclude any such leave within one year of the birth or placement for adoption or foster care of a new son or daughter.

2. Leave for a Serious Health Condition of the Employee or a Family Member

In accordance with the FMLA, a “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves one of the following:

a. Inpatient Care – Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with such inpatient care.

b. Continuing Treatment by a Health Care Provider – Includes any one or more of the following:

1. Incapacity and Treatment – A period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:
   1. Treatment two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist by a health care provider, by a nurse under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under order of, or on referral by, a health care provider; or
   2. Treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the health care provider.
   3. The requirements in (1) and (2) above for treatment by a health care provider require an in-person visit to a health care provider.  The first or only in-person visit must take place within seven days of the first day of incapacity.  Whether additional treatment visits or a regimen of continuing treatment is necessary within the 30-day period shall be determined by the health care provider.
2. Pregnancy – Any period of incapacity due to pregnancy, or for prenatal care.
3. Chronic Conditions – Any period of treatment or incapacity for a chronic serious health condition which is one that:
   1. Requires periodic (at least twice a year) visits for treatment by a health care provider, or by a nurse under direct supervision of a health care provider;
   2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
   3. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
4. Permanent or Long-Term Conditions Requiring Supervision – A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.
5. Conditions Requiring Multiple Treatments – Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy) or kidney disease (dialysis).

MBL retains the right to make an independent assessment of whether an injury, illness, or impairment involving certain medical treatment constitutes a “serious health condition” for purposes of this policy.  If an employee has questions as to whether an injury, illness or impairment involving certain medical treatment constitutes a “serious health condition,” inquiries should be directed to the Human Resources Department.

3. Leave for a Qualifying Exigency

In accordance with the FMLA, a qualifying exigency includes one or more of the following exigencies:  (1) short- notice deployment^[1], (2) military events and related activities, (3) childcare and school activities, (4) financial and legal arrangements, (5) counseling, (6) rest and recuperation^[2], (7) post-deployment activities,  (8) parental care, and (9) additional activities to address other events which arise out of the covered military member’s active duty or call to active duty status, provided that MBL and the employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave. 

In accordance with the FMLA, “covered active duty” means: (a) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (b) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty.

4. Leave for a Serious Injury or Illness of a Servicemember

In accordance with the FMLA, the term “next of kin” means the nearest blood relative other than the covered servicemember’s spouse, parent, son or daughter, in the following order of priority:  blood relatives who have been granted legal custody of the covered servicemember by Court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA.  When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember’s next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously.  When such designation has been made, the designated individual shall be deemed to be the covered servicemember’s only next of kin.

In accordance with the FMLA, the term “serious injury or illness” means (i) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves) an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and (ii) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the 5-year period preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy, a qualifying injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran^[3].

3.7  Intermittent or Leave on a Reduced Leave Schedule

Employees may take FMLA leave intermittently (in blocks of time) or by reducing their regular weekly or daily work schedule if the leave is for the serious health condition of the employee or the employee’s child, parent, or spouse, or to care for a covered servicemember with a serious injury or illness, and the intermittent leave or reduced leave schedule is medically necessary (as determined by the health care provider of the person with the serious health condition or serious injury or illness). 

In addition, employees may take intermittent leave or leave on a reduced leave schedule because of any qualifying exigency arising out of the fact that the spouse, child, or parent of the employee is on “covered active duty” or has been notified of an impending call or order to “covered active duty” in the Armed Forces.

If an employee desires to take intermittent leave or leave on a reduced leave schedule, the employee must provide MBL with a medical certification stating that it is medically necessary for the employee to be off work on an intermittent or reduced basis, the reasons why the intermittent or reduced leave schedule is necessary, and the expected duration and schedule of the intermittent or reduced leave.  Employees needing intermittent leave or leave on a reduced leave schedule must attempt to schedule their leave so as not to disrupt MBL’s operations, subject to the approval of the health care provider. 

The smallest increment of time that can be used for such leave is one hour.

3.8  Medical Certification Requirements

            MBL requires certification by a health care provider of any serious health condition for which an employee takes leave under this policy, including certification of a serious health condition of a spouse, child or parent of the employee.  MBL also requires that an employee’s leave because of a qualifying exigency or to care for a covered servicemember with a serious injury or illness be supported by certification.  An employee must provide the requested certification within 15 calendar days after MBL’s request for certification, unless it is not practicable under the particular circumstances to do so despite the employee’s diligent good faith efforts.  Failure to provide the medical certification within the above-described period may result in the denial of FMLA leave and/or disciplinary action, up to and including termination of employment.  MBL also may require that an employee provide periodic updates on the employee’s status and intention to return to work.  At its discretion, MBL also may require recertification under certain circumstances, such as if circumstances described by the previous certification have changed significantly or MBL receives information that casts doubt on the employee’s stated reason for the absence or the continued validity of the certification. 

            When leave is taken on the basis of a serious health condition or a serious injury or illness, and MBL has reason to doubt the validity of the medical certification supporting such leave, MBL may require a second opinion from a health care provider of its choosing and, if necessary, a third opinion from a health care provider jointly chosen by MBL and the employee.  If MBL requires that an employee obtain a second or third opinion, MBL will pay the costs associated with obtaining such opinion(s).

            MBL requires an employee who takes leave as a result of his or her own serious health condition to provide, before returning to work, a fitness for duty certification by his or her health care provider, stating that the employee may resume work.  An employee may not resume work until he or she provides such a certification.           

3.9  Status of Compensation and Benefits While on FMLA Leave 

            An employee may use accrued but unused vacation time before commencing the unpaid portion of his or her FMLA leave.  Any vacation used by an employee in conjunction with FMLA leave will be counted against the applicable maximum leave period described above.  If an employee is taking FMLA for a reason that also qualifies for the use of sick time under MBL’s sick time policy, the employee must use any accrued but unused sick time before commencing the unpaid portion of his or her FMLA leave, except where prohibited by applicable state law in connection with a concurrent leave taken pursuant to state law. 

            FMLA leave will be without pay when no vacation or sick time or other paid leave benefits (such as disability insurance or paid family medical leave benefits) is available.

            MBL will maintain an employee’s group benefit coverages for the duration of the employee’s FMLA leave as though the employee remained continuously employed provided that you pay your normal contributory portion on a timely basis.  Employees requesting leave should contact the Human Resources Department to arrange an acceptable payment schedule. Employees should consult both the relevant plan documents and Human Resources regarding possible continuation of non-health benefits and associated costs.  When the employee returns from leave, MBL may recover any costs it incurred in maintaining the employee’s insurance benefits while the employee was on leave.  MBL also may recover the benefit payments above through any allowable deduction from any sums owed to the employee or through legal action.

            During FMLA leave, you will continue to receive service credits as applicable to any compensation, or benefit plan vesting or eligibility. Employees on unpaid leave are not eligible to accrue vacation or sick time.

3.10  Return to Work/Reinstatement/Transfer to Alternate Position

            If you are on FMLA leave, you are expected to report periodically to your supervisor on your status and intent to return to work.  Any employee who takes FMLA leave in accordance with this policy will be restored to the same or an equivalent position upon his or her return from leave provided that the employee’s job still exists and the employee would have continued to be employed in that job had he or she not taken leave.  Nothing in this policy grants an employee a right to return to the employee’s former position following a return from FMLA leave. 

            In the event that an employee takes intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment for the employee, a family member or a covered servicemember, MBL may, at its discretion, transfer the employee for the duration of the intermittent leave or reduced leave schedule to another position at MBL for which the employee is qualified and that better accommodates recurring periods of leave.  In the event MBL chooses to make such a reassignment, the employee will continue to receive the same rate of pay and benefits as the employee received in his or her previous job.

            Reinstatement after FMLA leave may be denied to certain salaried “key” employees in order to avoid substantial and grievous economic injury to MBL’s operations.  The Human Resources Department will notify any employee who qualifies as a “key” employee and thus might be denied reinstatement, as soon as possible after the employee requests leave.  If leave has already begun, MBL gives the employee a reasonable opportunity to return to work following the notice described previously.

3.11  Coordination With Other Statutes

            The FMLA does not supersede any provision of any state or local law that provides greater family or medical leave rights than the rights established under the federal law.  Leave entitlements under state law and the FMLA run concurrently where legally permitted and where both laws cover the same type of leave.  For the avoidance of doubt, FMLA leave and leave under the Massachusetts Paid Family and Medical Leave law shall run concurrently where both laws cover the same type of leave. 

Employees who qualify to take leave under this Section are required to give MBL not less than seven (7) days’ notice of an intention to take leave if the need for leave is foreseeable.  If the need for leave is not foreseeable, employees must give notice as soon as practicable.

Employees may be asked to provide certification for the absence.

MBL requires that an employee use any accrued but unused vacation and personal time before commencing the unpaid portion of his or her small necessities leave, which will be counted against the twenty-four (24) hour leave period described above.

4.0 Small Necessities Leave Rights

In addition to the leave rights described under the FMLA policy above, Massachusetts employees who are eligible to take leave under MBL’s FMLA policy may also take up to twenty-four (24) hours of unpaid leave in the twelve-month period described in the FMLA policy, for the following purposes: (a) to take a child or elderly (at least 60 years old) relative (by blood or marriage) to a routine medical or dental appointment; or (b) to participate in a child’s educationally related school activity (including licensed day care facilities), such as a parent-teacher conference or interviewing for a new school.

Employees who qualify to take leave under this policy are required to give MBL not less than seven (7) days notice of an intention to take leave if the need for leave is foreseeable. If the need for leave is not foreseeable, employees must give notice as soon as practicable.  Employees may be asked to provide certification for the absence.

MBL requires that an employee use any accrued but unused vacation time (and sick time if applicable) before commencing the unpaid portion of his or her small necessities leave, which will be counted against the twenty-four (24) hour leave period described above.

5.0 Massachusetts Paid Family and Medical Leave

Employees (including full-time, part-time, temporary, and seasonal employees) who perform services within Massachusetts and meet the financial eligibility test set forth by the Department of Family Medical Leave (as described below) are eligible for paid family and medical leave and benefits pursuant to the Massachusetts Paid Family and Medical Leave (PFML) law described in this policy.  These benefits also may apply to former employees who performed services in Massachusetts if they have been separated from employment for no more than 26 weeks at the start of their family or medical leave.

Paid Medical Leave

Beginning January 1, 2021, employees may be eligible for up to 20 weeks of paid medical leave in a benefit year due to the employee’s own serious health condition that incapacitates the employee from performing the essential functions of the employee’s job.

Paid Family Leave

Beginning January 1, 2021, employees may be eligible for paid family leave as follows:

• up to 12 weeks of paid family leave to bond with a child during the first 12 months after the child’s birth, adoption, or foster placement.
• up to 26 weeks of paid family leave to provide care to a family member who is a covered service member.
• up to 12 weeks of paid family leave because of any qualifying exigency arising out of a family member’s active duty or impending call to active duty in the Armed Forces. Qualifying exigencies include such things as providing for the care or other needs of the military member’s child or other family members, making financial or legal arrangements, attending counseling, military events or ceremonies, spending time with the military member during a rest and recuperation leave or following return from deployment, or making arrangements following the death of the military member.

Beginning July 1, 2021, employees may be eligible for paid family leave as follows:

• up to 12 weeks of paid family leave to care for a family member with a serious health condition.

Total Leave

Employees may be eligible for up to a maximum of 26 weeks, in the aggregate, of paid family and medical leave per benefit year for the purposes listed above.

Intermittent Leave

Employees may take PFML leave on an intermittent or reduced leave schedule, as follows:

• For family leave to bond with a child during the first 12 months after the child's birth, adoption, or foster care placement, leave may be taken on an intermittent or reduced leave schedule only if MBL and the employee mutually agree.
• For family leave to care for a family member's serious health condition, or to care for a family member who is a covered service member, leave may be taken on an intermittent or reduced leave schedule if the employee’s health care provider determines it is medically necessary.
• For family leave due to a qualifying exigency arising out of a family member's active duty or impending call to active duty in the Armed Forces, leave may be taken on an intermittent or reduced leave schedule.
• For medical leave due to a covered individual's own serious health condition, intermittent leave may be taken if medically necessary. An employee must advise MBL, upon request, of the reasons why the intermittent/reduced leave schedule is necessary and of the schedule for treatment, if applicable. The employee and MBL will attempt to work out a schedule for such leave that meets the employee's needs without unduly disrupting MBL’s operations, subject to the approval of the health care provider.

Taking leave intermittently or on a reduced leave schedule will result in a proportionate reduction in the employee’s available allotment of leave and a proportionate reduction in the employee’s weekly benefit amount.

Required Notice

If an employee’s need for leave is foreseeable, an employee must provide MBL thirty (30) days’ notice before the anticipated start date of PFML. If the employee’s need for leave is not foreseeable, notice should be provided as soon as practicable. When planning medical treatment, the employee must consult with MBL and make a reasonable effort to schedule the treatment so as not to disrupt unduly MBL's operations, subject to the approval of the employee’s health care provider.          

How to File a Claim

Employees must file claims for paid family and medical leave benefits with the State’s Department of Family and Medical Leave using the Department’s forms. Forms and claim instructions will be available on the Department’s website.

Weekly Wage Replacement Benefit

An eligible employee who takes paid leave pursuant to PFML will receive weekly wage replacement benefits prescribed by the PFML law based on the employee’s earnings, with a maximum benefit amount equal to 64% of the state average weekly wage.

Initial Seven-Day Wait Period

No family or medical leave benefits are payable during the first seven calendar days of PFML. However, the seven-day wait period is not required for medical leave or family leave taken during pregnancy or recovery from childbirth.  If eligible, employees may use accrued paid sick time to receive pay during the seven day waiting period.

Coordination With Other Leave Entitlements and Benefits

Leave time under PFML will run concurrently with any leave entitlement provided under applicable law or Company policy, including without limitation, the Massachusetts Parental Leave Act, the Family and Medical Leave Act, and any parental or disability leave.  Any leave time take by an employee under any Company policy, including its Massachusetts Parental Leave, FMLA, vacation or sick time policies that is taken for a PFML-qualifying reason will run concurrently with PFML and will count as PFML time taken.   

The amount of any PFML benefits received by an employee will be reduced by any amounts the employee receives through long-term disability, unemployment, social security disability, or workers’ compensation insurance.  The amount of PFML benefits received by an employee will be reduced by any amounts an employee receives through short-term disability insurance only when the combined benefits received by the employee total more than 100% of the employee’s regular base pay.  If eligible, employees may choose to use any accrued paid sick leave (if applicable) and/or any accrued vacation time provided by MBL, but while using such paid leave will run concurrently with an employee’s PFML entitlement, employees may not simultaneously collect paid family leave benefits.

Return to Work/Reinstatement/Transfer to Alternate Position

Employees who take family or medical leave under the PFML law will be restored to their previous position or to an equivalent position, with the same status, pay, employment benefits, length-of-service credit, and seniority as of the date of leave. However, MBL is not required to restore an employee who has taken family or medical leave under the PFML law to the previous or to an equivalent position if other employees of equal length of service credit and status in the same or equivalent positions have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of leave; provided, however, that the employee who has taken leave retains any preferential consideration for another position to which the employee was entitled as of the date of leave.  Employees who take PFML for their own serious health condition must obtain and present certification from their health care provider that the employee is able to resume work. MBL may delay restoration to employment until the employee submits the required fitness-for-duty certification.

Retaliation

MBL will not retaliate against, or threaten to retaliate against, an employee by discharging, firing, suspending, expelling, disciplining, or applying attendance policies and will not threaten or in any other manner discriminate against an employee for exercising any right to which such employee is entitled under the PFML law.

Definitions

Family Members:  For purposes of PFML benefits, family members include an employee’s spouse, domestic partner, child, parent or parent of a spouse or domestic partner; a person who stood in loco parentis when the employee was a minor; or a grandchild, grandparent, or sibling.

Serious Health Condition:  For purposes of PFML benefits, a serious health condition is an illness, injury, impairment or physical or mental condition that involves (a) inpatient care in a hospital, hospice or residential medical facility, or (b) continuing treatment by a health care provider. Serious health conditions include:

• Pregnancy and prenatal care.
• Chronic conditions, like asthma or diabetes, that stop you from working some of the time, go on for some time, 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. For example, when a person is in hospice.
• Conditions requiring multiple treatments, like chemotherapy, kidney dialysis, or physical therapy after an accident.
• Substance Use Disorder may be considered a serious condition covered by Family or Medical leave 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.
• Cosmetic surgery is not considered a serious condition and is not covered for Family or Medical leave, except if there are complications.

Financial Eligibility Test: To be eligible to take PFML and receive benefits, an employee must have earned enough in wages during the last 12 months to qualify for Massachusetts Unemployment Insurance benefits. The test is reviewed and adjusted every year based on changes in the state’s average weekly wage.

Please contact Human Resources with any questions regarding this policy or PFML.