G.1.6 Sick Time

Marine Biological Laboratory
Policy No. G.1.6

Human Resources

Initiated by: Human Resources Director
Approved by: MBL Director/CEO
Date: October 14, 1989
Revision: #5, January 1, 2022
Distribution: MBL Community

1.0 Policy Statement
It is the policy of MBL to assist employees who are absent from work because of illness by paying for a certain amount of sick time.

2.0 Eligibility and Accrual
All regular full-time employees are eligible to accrue 0.05 hours of sick time for each hour worked and recorded on their time sheet for hours worked up to 2 hours of sick time accrued per week.  Employees will not accrue additional sick time while on a sick leave that extends beyond 12 weeks.

Employees may accrue up to 13 days (104 hours) of sick time per year. Any accrued sick hours not used during the one calendar year period will be carried over to the next year, provided, however, that an employee’s sick time balance will be capped at 130 days (1040 hours). Accrued but unused sick time is not payable upon an employee’s termination and instead is forfeited. An employee may use a maximum of 1040 hours, or 130 days, of sick time during an extended illness.

All regular part-time employees working at least half time will accrue sick time in proportion to their hours of work and, in any event, shall accrue paid sick time at a rate of no less than one (1) hour of paid sick leave for every thirty (30) hours worked.  Further, all other employees (including temporary employees and interns) will accrue paid sick leave at a rate of one (1) hour of paid sick leave for every thirty (30) hours worked.

3.0 Use of Sick Time
Sick time may be used for the following reasons:

• to care for the employee’s child[1], spouse, or parent[2] who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;
• to care for the employee’s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;
• to attend the employee’s routine medical appointments or a routine medical appointment for the employee’s child, spouse, or parent;
• to address the psychological, physical or legal effects of domestic violence as defined under Massachusetts law;
• travel to and from an appointment, a pharmacy, or other location related to the purpose for which the time was taken; or
• for any other reason permitted under any applicable sick leave law.

4.0 Employee Notice
If the need for sick leave is foreseeable, an employee should make a good faith effort to provide MBL with as much notice of the need for leave as possible.  To the extent possible, an employee must notify his or her supervisor on or before the first day of absence due to an unexpected use of sick time. If the need for sick leave is unforeseeable, the employee must provide notice to MBL as soon as practicable (whenever possible, by the start of the work day).  Employees taking sick leave are expected to keep their supervisors informed at regular intervals of their condition and their anticipated date of return to work, so that work may be properly scheduled or reassigned.

Employees who fail to report to work for three consecutive days without notifying a supervisor will be considered to have abandoned their job and voluntarily resigned their employment with MBL. MBL does not pay employees for any accrued but unused sick leave upon termination from employment.

For extended illnesses see the Family and Medical Leave Policy.

5.0 Medical Certification
If an employee misses three or more consecutive days of work due to sickness or injury, MBL may require the employee to provide written certification from a health care provider that the absence was for an authorized reason under this policy.  If a Massachusetts employee does not have a health care provider, he or she may provide a signed written statement evidencing the need for the use of earned sick time in lieu of a certification by a health care provider. 

6.0 Compensation
Employees should record the hours that they use accrued paid sick leave on their time sheet, using available accruals only. Employees using sick leave will be paid at a rate equal to the amount the employee normally earns during regular work hours at the time payroll is processed.

If an employee has exhausted his or her accrued sick time but needs to take additional sick leave, the employee may use vacation time for any additional time taken. If both accrued sick and vacation time have been exhausted, MBL may consider advancing the employee up to 40 hours of additional sick time in its sole discretion and with the following conditions:

• There must be compelling circumstances, i.e., catastrophic illness;
• The advancement of additional sick time must be approved by the employee’s immediate supervisor and department manager, if applicable;
• The advancement of additional sick time must be approved by the Human Resources Director;
• Approval must be received before any money is advanced;
• The employee must sign a written agreement providing that the time advanced will be deducted from future accruals of sick and vacation time; and
• The employee must sign a written agreement agreeing to repay MBL the amount of any advanced paid time that he or she has not earned back at the time of termination and also authorizing the deduction of any remaining advanced time from his or her final paycheck, to the extent permitted by applicable law.

Employees who need extended time off should consult MBL’s Family and Medical Leave policy and other leave policies that may apply. 

7.0 Birth or Adoption of child
Male and female employees may use up to 8 weeks of accrued paid sick time when taking leave for the birth or adoption of a child. Additional paid sick time may be available to the birthing parent if medically necessary in accordance with this policy and medical certification may be required in such circumstances.

8.0 Sick Time Used in Combination with Worker’s Compensation
If an employee is receiving Worker’s Compensation benefits and has accrued sick time, the employee may supplement the Worker’s Compensation benefit with sick time to achieve full pay.  In no circumstances shall an employee’s total compensation exceed the employee’s regular base compensation.  Because of the tax consequences, the employee may choose the method of achieving full pay.

An employee may choose to either:

1. keep the Worker’s Compensation benefit and supplement that benefit by using accrued sick time to achieve full pay.  In this instance the employee will not receive a Retirement Plan contribution on the amount of benefit paid by Worker’s Compensation and will not accrue sick or vacation time on the related hours; or
2. the employee may sign the Worker’s Compensation check over to MBL and be paid the employee’s full compensation using accrued sick time.  MBL will reduce the employee’s sick time accrual by the full amount of time the employee is out.  In this instance, the employee will receive the full Retirement Plan contribution, if eligible.

In either instance, during the first 12 weeks of sick time used in conjunction with workers’ compensation, MBL will continue to pay its share of insurance premiums.  After 12 weeks, MBL will continue to pay its share of the insurance premium while the employee is in full pay status, either through accrued sick time or the combination of sick time and the Worker’s Compensation benefit.  When the employee is no longer being paid by MBL, the provisions of any applicable Leave of Absence policy or COBRA will apply.

9.0  Policy Clarification and Updates
Policy clarification and updates are available in the Human Resources Department.