G.1.5 Leaves of Absence

Marine Biological Laboratory
Policy No. G.1.5

Human Resources

Initiated by: Human Resources Director
Approved by: MBL Director/CEO
Date: December 3, 1989
Revision: # 5, January 1, 2022
Distribution: MBL Community

1.0 Policy Statement

It is the policy of the Marine Biological Laboratory (“MBL”) to consider granting employees extended leaves of absence from MBL under certain circumstances and to comply with any applicable leave laws. The leave may be paid, unpaid, or a combination of paid, and unpaid, depending on the circumstances and as specified in the applicable leave policies.

MBL recognizes that certain conditions and circumstances may cause employees to request a leave of absence. To this end, MBL will review the need for and grant leaves of absence (“LOA”) for a variety of personal reasons.

Please see MBL’s Family and Medical Leave Policy G.1.10 for information regarding family and medical leaves.

2.0 Notice of Leave

In order to protect the needs of MBL, whenever possible, most requests for LOA should be brought to the attention of your supervisor and Human Resources for review and approval at least 2 calendar weeks in advance. Where the need for the request is not foreseeable, it should be brought to HR as soon as you know of the potential need for a LOA. Requests must include the reason, effective date and expected return date. The Human Resources Director will make the final decision concerning the request. Please see the applicable sections below regarding types of leave for additional information.

3.0 Types of Leave and Eligibility

3.1 Personal Leave

All regular full-time and regular part-time employees who have been employed at MBL for a least one year are eligible to be considered for a personal leave of absence. Employees may be granted a personal leave of absence to attend to personal matters in cases in which MBL determines that an extended period of time away from the job will be in the best interests of the employee and MBL. Requests for personal leave will be evaluated on a case by case basis and will be granted at MBL’s sole discretion and only where consistent with MBL’s business needs and requirements.

Personal leave is not to exceed six months. Where business needs necessitate, MBL reserves the right to require employees on personal leave to return to work in advance of the anticipated return date. Employees are required to use any accrued vacation time prior to commencing unpaid personal leave.

An employee who fails to return to work within three (3) days of the end of a personal leave will be considered to have voluntarily terminated his or her employment. Employees on personal leave may not work for another employer. Employees who misrepresent the reason for personal leave are subject to termination.

MBL will make every effort to return an employee on personal leave to his or her original position or to a comparable position. However, an employee on personal leave is not guaranteed reinstatement by MBL.

If a personal leave is authorized beyond thirty days, the continuation of benefits must be addressed with Human Resources. Employees do not accrue sick leave, vacation, and personal holidays during unpaid personal leave.

Employees are not eligible for a personal leave if they have other leave options available (e.g., FMLA, parental or sick leave), nor shall it be used to extend available leave options.

3.2 Professional Leave

3.2.1 Eligibility:
All regular full-time and regular part-time employees who have been employed at MBL for at least one year are eligible to be considered for a professional leave of absence. Eligible employees may be granted a professional leave of absence to take advantage of training, study, or other professional enrichment opportunities. The decision to grant a professional leave of absence will be based upon such opportunities which MBL determines to be in the best interests of the employee and MBL. Requests for professional leave will be evaluated on a case by case basis and will be granted at MBL’s sole discretion and only where consistent with MBL’s business needs and requirements.

Professional leave is usually not to exceed one year. If, at the end of one year there is a request by the employee to extend the leave for up to one additional year, the request should be made to the Director of Human Resources prior to the end of the leave period. The decision as to whether to approve an extension of the leave will be determined by the Director of Human Resources and the MBL Director/CEO based upon the business interests of MBL and shall be made in MBL’s sole discretion. Where business needs necessitate, MBL reserves the right to require employees on professional leave to return to work in advance of the anticipated return date. Employees are required to use any accrued vacation time prior to commencing unpaid professional leave.

An employee who fails to return to work within three (3) days of the end of a professional leave will be considered to have voluntarily terminated his or her employment. Employees on professional leave may not work for another employer. Employees who misrepresent the reason for professional leave are subject to termination.

MBL will make every effort to return an employee on professional leave to his or her original position or to a comparable position. However, an employee on professional leave is not guaranteed reinstatement by MBL

If a professional leave is authorized beyond thirty days, the continuation of benefits must be addressed with Human Resources. Employees do not accrue sick leave, vacation, and personal holidays during unpaid professional leave.

Employees are not eligible for a professional leave if they have other leave options available (e.g., FMLA, parental or sick leave), nor shall it be used to extend available leave options.

3.3 Military Leave

Employees who require leave because of service in the uniformed services are eligible for leave in accordance with applicable state and federal law. “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service, including:

Active duty and active duty for training;
Initial active duty for training;
Inactive duty training;
Full-time National Guard duty;
Absence from work for an examination to determine a person’s fitness for any of the above types of duty;
Funeral honors duty performed by National Guard or Reserve members; and
Duty performed by intermittent employees of the National Disaster Medical System (NDMS).

The “uniformed services” consist of the Army, Navy, Marine Corps, Air Force and Coast Guard, and each of their Reserves, the Army National Guard and Air National Guard, and the Commissioned Corps of the Public Health Service, as well as any other category of persons designated by the President in time of war or emergency.

A military leave of absence will be granted for service in the uniformed services, generally for up to five years. Employees who perform and return from service in the uniformed services shall have and retain such rights with respect to reinstatement, vacation, and compensation as may be from time to time provided by applicable federal and state law.

Notice

Unless military necessity prevents it, or is otherwise impossible or unreasonable, an employee should provide MBL with notice of the need for leave as far in advance as is reasonable under the circumstances. Written notice is preferred, but not required under the law or this policy.

Employees on military leave may, at their option, use accrued paid vacation time to receive pay during their absence.

Reemployment

Upon an employee's prompt application for reemployment (as defined below), an employee will be reinstated to employment in the following manner depending upon the employee's period of military service:

Less than 91 days of military service – reinstated to a position that the employee would have attained if employment had not been interrupted by military service; or, if found not qualified for such position after reasonable efforts by MBL, in the position in which the employee had been employed prior to military service.

More than 90 days and less than 5 years of military service – reinstated to a position that the employee would have attained if employment had not been interrupted by military service or a position of like seniority, status and pay, the duties of which the employee is qualified to perform; or, if proved not qualified after reasonable efforts by MBL, in the position the employee left, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform.

Employee with a service-connected disability - if after reasonable accommodation efforts by MBL, an employee with a service-connected disability is not qualified for employment in the position he or she would have attained or in the position that he or she left, the employee will be employed in another position of similar seniority, status and pay for which the employee is qualified or could become qualified with reasonable efforts by MBL; or, if no such position exists, in the nearest approximation consistent with the circumstances of the employee's situation.

Application for Reemployment

An employee who has engaged in military service must, in order to be entitled to the reemployment rights set forth above, submit an application for reemployment to Human Resources according to the following schedule:

If service is less than 31 days (or for the purpose of taking an examination to determine fitness for service) - the employee must report for reemployment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time for safe transportation back to the employee's residence.

If service is for 31 days or more but less than 181 days - the employee must submit an application for reemployment with Human Resources no later than 14 days following the completion of service.

If service is over 180 days - the employee must submit an application for reemployment with Human Resources no later than 90 days following the completion of service.

If the employee is hospitalized or convalescing from a service-connected injury - the employee must submit an application for reemployment with Human Resources no later than two years following completion of service.

Exceptions to Reemployment

In addition to the employee's failure to apply for reemployment in a timely manner, an employee is not entitled to reinstatement as described above if any of the following conditions exist:

MBL's circumstances have so changed as to make reemployment impossible or unreasonable, such as the employee’s position was eliminated in a reduction in force.
Reemployment would pose an undue hardship upon MBL.
The employee's employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period.
The employee did not receive an honorable discharge from military service.

Benefits

Employees should contact Human Resources regarding the impact of leave on benefits.

Coordination with Other Leaves

Leave time taken under this policy will run concurrent with any other leaves available for the same purpose under applicable state or federal law.

Documentation

MBL may, upon the employee's reapplication for employment, request that the employee provide MBL with military discharge documentation to establish the timeliness of the application for reemployment, the duration of the military service, and the honorable discharge from the military service, if applicable.

3.4 Leave Related to Domestic Violence

An employee working in Massachusetts may take a maximum of fifteen (15) days of unpaid leave under the Massachusetts Act Relative to Domestic Violence (“ARDV”) during any 12 month rolling period (measured backward from the date such ARDV leave commences) if:

• The employee, or a family member, is a victim of abusive behavior (as defined below);

• The employee is using the leave to: seek or obtain medical attention, counseling, victim services or legal assistance; secure housing; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member of the employee; and

• The employee is not the perpetrator of the abusive behavior against such employee’s family member.

Definitions

The following definitions apply for purposes of this policy:

Abuse is (i) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations by force, threat or duress or engaging or threatening to engage in sexual activity with a dependent child; (iv) engaging in mental abuse, which includes threats, intimidation, or acts designed to induce terror; (v) depriving another of medical care, housing, food, or other necessities of life; or (vi) restraining the liberty of another;
Abusive Behavior is any behavior constituting domestic violence, stalking, sexual assault, or kidnapping (each as defined under Massachusetts law);
Domestic Violence is abuse of an individual by: (i) his or her current or former spouse; (ii) a person with whom the victim shares a child; (iii) a person who is living with or has lived with the victim; (iv) a person who is related by blood or marriage to the victim; or (v) a person with whom the victim has or had a dating or engagement relationship;
Family Member includes an employee’s spouse, domestic partner, individual having a child in common, parent, child, sibling, grandparent and grandchild.

Employee Notice Requirements

Where ARDV 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 the employee’s reason for requesting leave as well as its anticipated start and end date.
If an employee’s need for ARDV leave, or its approximate timing, is not foreseeable, the employee is expected to give his or her supervisor and Human Resources advance notice of his or her request as soon as possible under the circumstances, except as set forth in the following subsection.
In the event that an employee takes ARDV leave due to the threat of imminent danger to the health or safety of the employee or his/her family member, the employee is not required to provide advance notice of leave; provided, however, that the employee (or, if necessary, the employee’s family member or a professional assisting the employee in a professional capacity in connection with the abusive behavior) shall notify MBL within three (3) business days that the employee took or is taking ARDV leave.

Documentation in Connection with ARDV Leave

In addition to providing notice as discussed above, an employee requesting ARDV leave is required to provide MBL with documentation evidencing that the employee or his/her family member has been a victim of abusive behavior and that the ARDV leave was or is being taken for the purpose defined in this policy. This documentation must be provided to MBL within 30 days after the employee’s request for ARDV leave, or in the event that an employee takes leave due to the threat of immediate danger to the health or safety of the employee or his/her family member, within thirty (30) days following (i) an unscheduled absence or (ii) the last unscheduled absence in the instance of consecutive unscheduled absences. Acceptable documentation includes any one of the following:

A protective order, order of equitable relief, or other documentation issued by a court of competent jurisdiction as a result of abusive behavior against the employee or the employee’s family member;

A document under the letterhead of a court, provider, or public agency that the employer attended for the purpose of acquiring assistance as it relates to abusive behavior against the employee or his/her family member;

A police report or statement of a victim or witness provided to police, including a police incident report, documenting the abusive behavior giving rise to the ARDV leave;

Documentation that the perpetrator of the abusive behavior giving rise to the ARDV leave has: (i) admitted to sufficient facts to support a finding of guilt of abusive behavior; (ii) has been convicted of, or has been adjudicated a juvenile delinquent by reason of, any offense constituting abusive behavior;

Medical documentation of treatment as a result of the abusive behavior giving rise to the ARDV leave;

A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate, or other professional who has assisted the employee or the employee’s family member in addressing the effects of the abusive behavior;

A sworn statement, signed under the penalties of perjury, from the employee attesting that the employee has been the victim of abusive behavior or is the family member of a victim of abusive behavior.

Documentation provided by an employee in connection with a request for ARDV leave may be included in an employee’s personnel file until MBL has made a determination as to whether the employee is eligible for ARDV leave.

Confidentiality of Information Relating to ARDV Leave

MBL will treat all information relating to an employee’s ARDV leave as confidential and will not disclose such information except to the extent the disclosure is:

Requested or consented to, in writing, by the employee;

Ordered to be released by a court of competent jurisdiction;

Otherwise required by applicable federal or state law;

Required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or

Necessary to protect the safety of the employee or others employed at the workplace.

Status of Compensation and Benefits While on ARDV Leave

MBL requires that an employee use all accrued but unused vacation and sick time before commencing any unpaid ARDV leave. Any vacation or sick time used by an employee in conjunction with ARDV leave will not be counted against the applicable maximum fifteen day (15) leave period described above.

MBL will maintain an employee’s group health benefit coverages for the duration of the employee’s ARDV leave as though the employee was continuously employed, provided that the employee pays his/her normal contributory portion on a timely basis. 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 ARDV leave, an employee will continue to receive service credit as applicable to any compensation or benefit plan vesting or eligibility. Employees on unpaid ARDV leave are not eligible to accrue vacation time.

Return to Work

An employee who takes ARDV 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.

Coordination with Other Statutes

The ARDV does not supersede any provision of any federal, state, or local law that provides greater rights to employees than the rights established under the ARDV. Leave entitlements under federal and state law and the ARDV (such as, for example, where an employee takes leave in connection with a serious health condition related to abusive behavior that is also covered by the FMLA or the Massachusetts Paid Family and Medical Leave law) run concurrently where applicable and permitted by law.

Coordination with Short Term Disability Benefits

An employee who takes ARDV leave under this policy because he or she is a victim of abusive behavior may be eligible for short-term disability benefits, subject to the terms and conditions in MBL’s short-term disability plan; provided, however, that any absences from work under this ARDV policy for which an employee also receives short-term disability benefits will be counted against the applicable maximum fifteen day (15) leave period described above.

3.5 Medical Leave

Purpose:
To provide a means to offer employees medical leave when they are unable to work due to a serious health condition and are not eligible for leave under the Family and Medical Leave Act (FMLA) or other family and medical leave laws or have exhausted FMLA and/or such leaves.

Policy:
Employees may apply for an unpaid medical leave for up to six months; however, employees are only eligible for medical leave under this policy as follows:

They are not eligible for leave under the FMLA or any other applicable family and medical leave law; or
They have exhausted FMLA and any other applicable family and medical leave law.

Employees who have exhausted their FMLA and any other applicable family and medical leave law benefits may apply for additional medical leave under this policy, but the total amount of leave time under the FMLA and any other applicable family and medical leave law plus leave under this policy shall not exceed six months.

The decision whether to grant a medical leave shall be made by MBL in its sole discretion, taking into consideration whether the medical leave is a reasonable accommodation for the employee that will not cause MBL undue hardship.

Guidelines:
1. To request a leave, an employee must submit a completed Leave of Absence Request Form to the employee’s supervisor and the Human Resource Department. When an employee has advance notice of the need for a leave, the employee must submit a completed Medical Leave Request Form to the employee’s supervisor and the Human Resource Department at least two calendar weeks before the leave is requested to begin. Such requests must include the reason, effective date and expected date of return. If an employee cannot provide two calendar weeks’ notice, the employee must submit the completed request form as soon as feasible under the circumstances.

2. An employee also must submit a fully completed Health Care Providers Certification demonstrating the need for the leave directly to the Human Resources Department. The certification should be submitted at least two calendar weeks before the commencement of the medical leave or as soon as feasible. In the case of an emergency situation, the medical certification must be submitted within five days of the start of the leave. Failure to provide a complete and timely medical certification may result in the denial of medical leave, absences deemed unexcused or unscheduled, and termination of employment.

4. Accrued sick leave, vacation, and personal holidays must be used during any medical leave before the leave becomes unpaid. Employees do not accrue sick leave, vacation, and personal holidays during unpaid medical leave.

5. During medical leave, the MBL will maintain benefits on the same conditions as if the employee is working subject to applicable plan documents and law. An employee must continue to pay the employee’s portion of insurance benefit premiums if the employee wishes coverage to continue during the leave. Failure to pay the employee portion will result in a termination of benefits retroactive to the last paid date.

6. Employees on a medical leave are expected to be reasonably responsive to and to communicate with the Human Resources Department during the leave.

7. Before returning from medical leave, the employee must provide the employee’s Human Resources Department a health care provider’s release to return to work indicating that he/she is able to perform the essential functions of the job with or without reasonable accommodation. If an employee fails to provide a release to return to work as of the first scheduled workday after a medical or other approved leave, he/she will not be allowed to return to work and absences will be deemed unexcused or unscheduled, which may result in termination of employment.

8. Employees returning from a leave of absence may be reinstated to their same job or a job with similar status and pay, provided MBL’s circumstances have not changed to the extent that it would be impossible or unreasonable to provide reinstatement. If the same job or one of similar status and pay is not available, reinstatement may be deferred until a position is available, and the employee will be granted a preference in recall. In all circumstances the employee must be able to do the job for which reinstatement is sought with or without a reasonable accommodation.

9. If an employee does not return to work when the medical leave ends and has not been approved for an additional leave of absence or other reasonable accommodation as required by law, employment will be terminated as of the last day of the approved leave of absence.

4.0 Policy Clarification and Updates:
Policy clarification and updates are available from the Human Resources Office.