ARTICLE 9 - LEAVE

Section 1. Sick Leave

  1. A full-time employee shall accumulate sick leave with pay credits at the rate of one day for each full payroll month of employment for a total of twelve (12) days per year. An employee on any leave with pay or industrial accident leave shall accumulate sick leave credits.
  2. A regular part-time employee shall accumulate sick leave credits in the same proportion that his/her part-time service bears to full-time service.
  3. Sick leave shall be granted, at the discretion of the appointing authority, to an employee only under the following conditions:
    1. when an employee cannot perform his/her duties because he or she is incapacitated by personal illness or injury;
    2. when the spouse, child, or parent of either an employee or his/her spouse or his/her domestic partner or a relative living in the immediate household of an employee is seriously ill, the employee may utilize sick leave credits up to a maximum of ten (60) days per calendar year except that in cases of demonstrated medical emergency or life threatening/terminal illness, the ten day maximum may be waived by the CEO or designee; 3. when through exposure to contagious disease, the presence of the employee at his/her work location would jeopardize the health of others; 4. To keep appointments with health care professionals. In such instances the normal requirement will be at least five (5) working days advanced notice. However, the parties recognize that an unforeseen complication may arise from a regularly scheduled appointment with such a health care professional.
  4. A full-time employee shall not accrue sick leave credits for any month in which he/she was on leave without pay or absent without pay for a total of more than one (1) day.
    1. Whenever the Appointing Authority has reason to believe that sick leave is being abused, the Appointing authority may require satisfactory medical evidence from the employee. This request shall be reduced to writing and shall cite specific reasons for the request. When medical evidence is requested, such request shall be made as promptly as possible. To the extent practicable, the employee shall receive prior notice that the Appointing Authority believes the employee is abusing sick leave and may be required to produce medical evidence for future use of sick time.
    2. Satisfactory medical evidence shall consist of a signed statement by a licensed Physician, Physician' s Assistant, Nurse Practitioner, Chiropractor or Dentist that he/she has personally examined the employee and shall contain the nature of the illness or injury, a statement that the employee was unable to perform duties of the job due to specific illness or injury on the days in question and the prognosis for the employee' s return to work. In cases where the employee is absent due to a family or household illness or injury, satisfactory medical evidence shall consist of a signed statement by the medical personal mentioned above indicating that the person in question has been determined to be ill and needing care on the days in question. In the case of a child who is sent home from school or day care, a statement provided by a licensed day car provider, a school nurse, if there is no nurse, a school official will be sufficient to excuse the first day of absence.
    3. A medical statement provided pursuant to this Article shall be on the letterhead of the attending physician or medical provider as mentioned above and shall list an address and telephone number. Failure to produce such evidence within seven (7) days of its request may result at the discretion of the Appointing Authority, in denial of sick leave for the period of absence.
    4. Any inappropriate use of sick leave shall be recorded as unauthorized leave without pay and may result in discipline.
  5. The Appointing Authority may require that an employee, wishing to return to work after an absence of more than five (5) consecutive working days because of illness or injury, be examined by a physician designated by the appointing authority and/or by a physician of the employee's choosing. If the appointing authority requires the employee to be examined by their designated physician, the appointing authority shall assume the cost of such examination. The results of such examination(s) must attest to the fitness of such employee to return to his regularly assigned duties.
  6. In no event may the sick leave credits used be less than the actual time off.
  7. Any employee having no sick leave credits, who is absent due to illness, may, unless otherwise notified by the employee, be placed on personal leave, or if no personal leave credits then on vacation.
  8. An employee who is reinstated or reemployed after an absence of less than three (3) years shall be credited with his/her sick leave credits at the termination of his/her prior employment. An employee who is reinstated or reemployed after a period of three (3) years or more shall receive prior sick leave credits, if approved by the appointing authority, where such absence was caused by:
    1. Illness of said employee,
    2. Dismissal through no fault or delinquency attributable solely to said employee; or
    3. Injury while in the employment of the Employer in the line of duty, and for which said employee would be entitled to receive Workers' Compensation benefits.
  9. A regular part-time employee shall not accrue sick leave credits for any month in which he/she was on leave without pay or absent without pay in the same proportion that his/her service bears to one (1) day of service of a full-time employee.
  10. Notification of absences under this Article must be given to the designated representative of the appointing authority prior to the beginning of the scheduled tour of duty and if the department head requires, at least one-half (1/2) hour prior to the beginning of the scheduled tour of duty. If such notification is not made, such absence may, at the discretion of the appointing authority, be applied to absence without pay. Where the department head requires a half-hour notice, each unit member will be duly informed of the person to be notified or the telephone number to be called. This notification period may be waived in extraordinary circumstances beyond the control of the employee.
  11. No employee shall be entitled to a leave under the provisions of this Article in excess of the accumulated sick leave credits due such employee (including any sick leave bank provisions)
  12. Employees whose service with the Employer is terminated shall not be entitled to any compensation in lieu of accumulated sick leave credits. Employees who retire shall be paid twenty (20) percent of the value of their unused accrued sick leave at the time of their retirement. It is understood that any such payment will not change the employee's pension benefit. The estate of a bargaining unit member, who dies after filing for retirement, shall be paid twenty (20) percent of the value of his/her unused accrued sick leave at the time of death. Any employee, upon retiring, may donate up to ten (10) days to the sick leave bank.
  13. Sick leave credits earned by an employee following a return to duty after a leave without pay or absence without pay shall not be applied retroactively to such period of leave.
  14. An employee who while in the performance of his/her duty receives bodily injuries resulting from acts of violence of patients or prisoners in his/her custody, and who as a result of such injury would be entitled to benefits under Chapter 152 of the General Laws, shall, if entitled under Chapter 30, Section 58 of the General Laws, be paid the difference between the weekly cash benefits to which he/she would be entitled under said Chapter 152 and his/her regular salary without such absence being charged against available sick leave credits, even if such absence may be for less than six (6) calendar days.

Section 2. Paid Personal Leave.
On the first payroll day of the payroll month of July, full-time employees will be credited annually with six paid personal leave days which may be taken during the following 12 months at a time or times requested by the employee and approved by his/her appointing authority. Any paid personal leave not taken by the last payroll day (always the last Saturday) of the payroll month of June will be forfeited by the employee. Personal leave days for regular part-time employees will be granted on a pro-rata basis. Personal leave may be used in conjunction with vacation leave. Full-time employees hired after the first payroll day of the payroll month of July of any year shall be credited upon employment with paid personal leave days in accordance with the following schedule:

Date of Hire Personal Leave Days Credited
The first payroll day of the payroll month of July to September 30
October 1 to December 31
January 1 to March 31
April 1 - the last payroll day of the payroll month of June

Section 3. Bereavement Leave
Upon evidence satisfactory to the appointing authority of the death of a spouse, child, parent, brother, sister, step-parent, grandparent or grandchild of an employee; or parent of spouse; domestic partner or person living in the immediate household, an employee shall be entitled to leave without loss of pay for a maximum of four consecutive working days. In the event of the death of an employee's son-in-law or daughter-in-law or of the spouse's child, brother, sister, grandparent or grandchild, a maximum of two (2) consecutive working days shall be available for use by an employee. In the event that the internment of, or memorial service for, any of the above-named relatives is to occur at a time beyond the bereavement leave granted, the employee may request to defer one of the days to a later date. Such request shall be made at the time of notification to the CEO of the death of one of the above named relatives, and may be granted at the discretion of the CEO.

Section 4. Voting Leave.
An employee whose hours of work preclude him/her from voting in a town, city, state, or national election shall upon application be granted a voting leave with pay, not to exceed two hours, for the sole purpose of voting in the election.

Section 5. Civic Duty Leave

  1. Employees summoned for jury duty will be granted a leave of absence with pay for time lost from their regular work schedule while on said jury duty upon presentation of the appropriate summons to the department head by the employee.
  2. An employee who receives jury fees for jury service upon presentation of the appropriate court certificate of service, shall either: (1) retain such jury fees in lieu of pay for the period of jury service if the jury fees exceed his/her regular rate of compensation for the period involved; or (2) remit to the appointing authority the jury fees if less than his/her regular rate of compensation for the period involved.
  3. Jury fees for the purpose of this Article shall be the per diem rate paid for jury duty by the court not including the expenses reimbursed for travel, meals, rooms, or incidentals.
  4. An employee summoned as a witness in court on behalf of the Commonwealth or any town, city or county of the Commonwealth or on behalf of the federal government shall be granted court leave with pay upon filing of the appropriate notice of service with his/her department head except that this Section shall not apply to an employee who is also in the employ of any town, city or county of the Commonwealth or in the employ of the federal government or any private employer and who is summoned on a matter arising from that employment.
  5. All fees for court service except jury fees paid for service rendered during office hours must be paid to the Commonwealth. Any fees paid to an employee for court service performed during a vacation period may be retained by the employee. The employee shall retain expenses paid for travel, meals, rooms, etc.
  6. An employee on court leave who has been excused by the proper court authority shall report to his/her official duty station if such interruption in court service will permit four or more consecutive hours of employment. Court leave shall not affect any employment rights of the individual.
  7. No court leave shall be granted when the employee is the defendant or is engaged in personal litigation.

Section 6. Military Leave

  1. An employee shall be entitled during the time of his/her service in the armed forces of the Commonwealth, under Section 38, 40, 41, 42, or 60 of C.33 of the General Laws, to receive pay therefor, without loss of his/her ordinary remuneration as an employee.
  2. An employee shall be entitled, during his/her annual tour of duty of not exceeding seventeen working days as a member of a reserve component of the armed forces of the United States, to receive pay therefor, without loss of his ordinary remuneration as an employee under Section 59 of C.33, General Laws as amended.
  3. An employee who is member of a reserve component of the armed forces of the United States and who is called for duty other than the annual tour of duty of not exceeding seventeen working days shall be subject to the provisions of Chapter 708 of the Acts of 1941 as amended, or of Chapter 805 of the Acts of 1950 as amended, or Chapter 671 of the Acts of 1966, and amendments thereto.
  4. In accordance with Chapter 708 of the Acts of 1941, as amended, an employee who, on or after January first, nineteen hundred and forty, shall have tendered his/her resignation or otherwise terminated his/her service for the purpose of serving in the military or naval forces of the United States who does serve or was or shall be rejected for such service shall, except as otherwise provided by Chapter 708 of the Acts of 1941, as amended, be deemed to be or to have been on military leave, and no such person shall be deemed to have resigned from the service of the Commonwealth or to have terminated such service until the expiration of two years from the termination of said military or naval service by him/her.

Section 7. Maternity and Adoptive Leave.

  1. A full-time or regular part-time employee who has completed the probationary period and who is absent from her employment with the University for a period not exceeding eight weeks for the purpose of giving birth. or adopting a child , shall be granted a maternity leave without pay if the request for such leave is made to the CEO at least two weeks in advance of the anticipated date of departure. If an employee has accrued sick leave or vacation credits at the commencement of the maternity or adoptive leave, the employee may use such leave credits for which she may be eligible under the sick leave or vacation provisions of this Agreement.
  2. At the expiration of the maternity or adoptive leave, the employee will be restored to her previous position or similar position with the same status, pay, and length of service credit as of the date of her leave. If during the period of the leave, employees in the same or similar position in the department have been laid off through no fault of their own, the employee will be extended the same rights or benefits, if any, extended to employees of equal length of service in the same or similar position in the department.
  3. Notwithstanding any other provision of this Agreement to the contrary, the maternity or adoptive leave granted under this Article shall not affect the employee's right to receive any contractual benefits for which he/she was eligible at the time of the leave. Upon the expiration of a maternity or adoptive leave, an additional eight (8) weeks leave may be granted at the discretion of the CEO. The leave shall be unpaid unless the employee chooses to use any accrued vacation, personal leave or compensatory time to cover this period of absence. The period of unpaid leave shall not be included in any computation of contractual benefits, rights or advantages. Not later than two (2) weeks prior to the expiration of the eight-week maternity or adoptive leave, an employee may request a return to work at reduced time. If approved by the CEO, said employee will accrue benefits in the same proportion that such part-time service bears to full-time service.
  4. An employee on maternity or adoptive leave may have her group health insurance benefits continued for the period of time the employee is absent on such leave. The employee, while on leave, is required to pay the same monthly premium he/she would have paid had such leave not been taken.
  5. During the first ten (1)) work days of maternity leave, birth of a baby leave, adoptive leave, or foster care leave, the employee shall receive his/her regular weekly salary. When an eligible full-time or part-time employee and his/her eligible spouse are both employees of the University, they shall jointly be entitled to a combined total of not more than ten (10) days paid under this provision.

Section 8. Parental Leave.
Upon written application to the appointing authority, including a statement of any reasons, any employee who has completed any applicable probation period and who has been employed at least three (3) consecutive months and who has given at least two (2) weeks prior notice of his/her anticipated date of departure and who has given notice of his/her intention to return, may be granted parental leave for a period not exceeding ten (10) weeks. Such leave shall be without pay for such period. The purpose for which an employee may submit his/her application for such unpaid leave shall be limited to the need to care for, or to make arrangement for care of, a minor dependent child of the employee, whether or not the child is the natural, adopted or stepchild of such employee. An employee who requests and is granted parental leave for the purpose of caring for the employee's minor dependent child under three years of age, may have his/her group health insurance benefits continued for a period of ten (10) weeks while the employee is absent on such leave. The employee, while on leave, is required to pay the same monthly premium he/she would have paid had such leave not been taken.

Section 9. Family Leave.

  1. Upon written application to the CEO, including a statement of any reasons, any employee who has completed his/her probationary period, or if there is no probationary period who has been employed at least three (3) consecutive months and who has given at least two (2) weeks prior notice of his/her anticipated date of departure and who has given notice of his/her intention to return, may be granted Family Leave for a period not exceeding ten (10) weeks. Such leave shall be without pay or benefits for such period. The CEO may in his/her discretion, assign an employee to back fill for an employee who is on Family Leave. Such assignment may not be subject to the grievance procedure. The purpose for which an employee may submit his/her application for such unpaid leave shall be limited to the need to care for, and to make arrangements for the care of, the employee's spouse, parent, grandparent, grandchild, domestic partner or relative living in the same household.
  2. Ten (10) days of family leave may be taken in not less than one-day increments. However, such leave requires the prior approval of the CEO.
  3. If an employee has accrued sick leave, personal leave, or vacation leave credits at the commencement of his/her family leave, that employee may use such leave credits for which he/she is eligible under the sick leave, personal leave or vacation leave provisions of this Article.
  4. Between periods of family leave, where an employee returns to the payroll for a period of less than two weeks, when a holiday falls during that time, no holiday pay or compensatory time shall be granted for such holiday

Section 10. Education Leave
Employees may be granted a paid leave of absence in accordance with the policies of the University for educational purposes, to attend conferences, seminars, briefing sessions, or other functions of a similar nature that are intended to improve or upgrade the individual's skill or professional ability. The employee shall not suffer any loss of seniority or benefits as a result of such leave.

Section 11. Unpaid Personal Leave
Unpaid personal leave, other than hereinbefore specified, may be granted by the appointing authority upon the written request of an employee at least 30 days in advance. Approval shall not be unreasonably denied. Retirement, seniority, sick leave, vacation credit and time accrual for step increase shall not accrue during the term of such leave.

Section 12. The Family and Medical Leave Act (FMLA).
The parties agree that where the provisions of FMLA are more generous than the contract, FMLA will prevail.

Section 13 Consistent with any and all medical limitations identified for an employee, the University may require an employee who experiences injury or illness that results in loss of time from work to accept a transitional work assignment. Transitional assignments are meant to support employee recovery, protect employee income, reduce workers compensation and paid sick leave costs and shall not prevent the filling of vacant unit positions. Transitional duty shall be limited to a specific time period, and shall not be permanent or long-term. The employee shall be paid their normal pre-injury or pre-illness salary, or the higher salary if the transitional work assignment is of a higher grade, for the duration of the transitional duty period. No member of the USA/MTA bargaining unit shall be assigned transitional duty which falls outside the scope of bargaining unit work. However, it is understood that within the limitations described in this provision employees from other units on transitional work assignment may be assigned work which falls wholly or partially within the USA/MTA bargaining unit's scope.
In collaboration with an occupational health professional, transitional positions will be identified to ensure that the recovering employee has the knowledge, skills, and abilities to succeed in the duties and so that the work can be accomplished safely. An employee will work in a temporary transitional position until he or she has the necessary capacity to perform his or her normal position, or until the transitional job is terminated.


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