Service Animal and Assistance Animal Policy

The University supports the use of service and assistance animals on campus in compliance with applicable federal and state laws. At the same time, it recognizes the health and safety risks potentially created by unrestrained animals on campus.

The Service Animal and Assistance Animal Policy sets forth roles and responsibilities of individuals bringing animals on campus. 

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Massachusetts Wage & Hour Laws

Minimum Wage - $15.00 per hour effective January 1, 2023 ($6.75 per hour service rate)
M.G.L. Chapter 151, Sections 1, 2, 2A, and 7 In Massachusetts, all workers are presumed to be employees. The minimum wage applies to all employees, except:

• agricultural workers ($8.00 per hour is the minimum wage for most agricultural workers),
• members of a religious order,
• workers being trained in certain educational, nonprofit, or religious organizations, and
• outside salespeople.

Tips M.G.L. Chapter 149, Section 152A; M.G.L. Chapter 151, Section 7 The hourly “service rate” applies to workers who provide services to customers and who make more than $20 a month in tips. The average hourly tips, plus the hourly service rate paid to the worker must add up to the minimum wage per each shift. Employers, owners and employees with managerial or supervisory responsibilities on a given day must never take any of your tips. Tips and service charges listed on a bill must be given only to wait staff, service bartenders, or other service employees. Tip pooling is allowed only for wait staff, service bartenders, and other service employees.

Overtime M.G.L. Chapter 151, Sections 1A and 1B Generally, employees who work more than 40 hours in any week must be paid overtime. Overtime pay is at least 1.5 x the regular rate of pay for each hour worked over 40 hours in a week. For some employees who get paid the “service rate,” the overtime rate is 1.5 x the basic minimum wage, not the service rate. Exception: Under state law, some jobs and workplaces are exempt from overtime. For a complete list of overtime exemptions, visit www.mass.gov/ago/fairlabor or call the Attorney General’s Fair Labor Division at (617) 727-3465.

Payment of Wages M.G.L. Chapter 149, Section 148; 454 C.M.R. 27.02 The law says when, what, and how employees must be paid. An employee’s pay (or wages) includes payment for all hours worked, including tips, earned vacation pay, promised holiday pay, and earned commissions that are definitely determined, due and payable. Hourly employees must be paid every week or every other week (bi-weekly). The deadline to pay is 6 or 7 days after the pay period ends, depending on how many days an employee worked during one calendar week. Employees who quit must be paid in full on the next regular payday or by the first Saturday after they quit (if there is no regular payday). Employees who are fired or laid off must be paid in full on their last day of work

Paystub Information M.G.L. Chapter 149, Section 148 All employees must get a statement, at no cost, with their pay that says the name of the employer and employee, the date of payment (month, day, and year), the number of hours worked during the pay period, the hourly rate, and all deductions or increases made during the pay period.

Pay Deductions M.G.L. Chapter 149, Section 148; 454 C.M.R. 27.05 An employer cannot deduct money from an employee’s pay unless the law allows it (such as state and federal income taxes), or the employee asked for a deduction to be made for the employee’s own benefit (such as to put money aside in the employee’s savings account). An employer cannot take money from an employee’s pay for the employer’s ordinary business costs (for example: supplies, materials or tools needed for the employee’s job). An employer who requires an employee to buy or rent a uniform must refund the actual costs to the employee. The law also puts limits on when and how much money an employer can take from an employee’s pay for housing and meals the employer gives to the employee.

Hours Worked 454 C.M.R. 27.02 Hours worked or “working time” includes all time that an employee must be on duty at the employer’s worksite or other location, and works before or after the normal shift to complete the work.

Meal Breaks M.G.L. Chapter 149, Sections 100 and 101 Most employees who work more than 6 hours must get a 30-minute meal break. During their meal break, employees must be free of all duties and free to leave the workplace. If, at the request of the employer, an employee agrees to work or stay at the workplace during the meal break, the employee must get paid for that time.

Payroll Records M.G.L. Chapter 151, Section 15 Payroll records must include the employee’s name, address, job/occupation, amount paid each pay period, and hours worked (each day and week). Employers must keep payroll records for 3 years. Employees have the right to see their own payroll records at reasonable times and places.

Sick Leave M.G.L. Chapter 149, Section 148C Most employees have the right to earn 1 hour of sick leave for every 30 hours they work, and they may earn and take up to 40 hours of sick leave a year. Employees begin accruing sick time on their first day of work. Employees must have access to their sick leave 90 days after starting work. Eligible employees may use their sick leave if they or their child, spouse, parent, or spouse’s parent is sick, injured, or has a routine medical appointment. They may also use sick leave for themselves or their child to address the effects of domestic violence. Unless it is an emergency, employees must notify the employer before using sick leave. Employees who miss more than 3 days in a row may need to provide their employer a doctor’s note. Paid Sick Leave Employers with 11 or more employees must provide paid sick leave. Employers with fewer than 11 employees must provide sick leave; however, it does not need to be paid.

Employers Must Not Discriminate M.G.L. Chapter 149, Section 105A; M.G.L. Chapter 151B, Section 4 Subject to certain limited exceptions, employers must not pay one employee less for doing the same or comparable work as another employee of a different gender. They must not discriminate in hiring, pay or other compensation, or other terms of employment based on a person’s: • Race or color • Religion, national origin, or ancestry • Sex (including pregnancy) • Sexual orientation or gender identity or expression • Genetic information or disability • Age • Military service

Small Necessities Leave M.G.L. Chapter 149, Section 52D In some cases, employees have the right to take up to 24 hours unpaid leave every 12 months for their: • child’s school activities, • child’s doctor or dentist appointment, or • elderly relative’s doctor or dentist appointments, or other appointments. Employees are eligible for this leave if the employer has at least 50 employees and the employee has: • been employed for at least 12 months by the employer and • worked at least 1,250 hours for the employer during the previous 12-month period.

Reporting Pay 454 C.M.R. 27.04(1) Most employees must be paid for 3 hours at no less than minimum wage if the employee is scheduled to work 3 or more hours, and reports to work on time, and is not given the expected hours of work.

Rights of Temporary Workers M.G.L. Chapter 149, Section 159C To learn about rights of temporary workers and employees hired through staffing agencies, call: 617-626-6970 or go to: www.mass.gov/dols.

Rights of Domestic Workers M.G.L. Chapter 149, Section 190 To learn about additional rights for workers who provide housekeeping, cleaning, childcare, cooking, home management, elder care, or similar services in a household, go to www.mass.gov/ago/DW.

Public Works and Public Construction Workers M.G.L. Chapter 149, Section 26-27H Workers who work on public construction projects and certain other public work must be paid the prevailing wage, a minimum rate set by the Department of Labor Standards based on the type of work performed.

Domestic Violence Leave M.G.L. Chapter 149, Section 52E Employees who are victims, or whose family members are victims, of domestic violence, sexual assault, stalking or kidnapping have the right to 15 days of leave for related needs, such as health care, counseling, and victims services; safe housing; care and custody of their children; and legal help, protective orders, and going to court. The leave can be paid or unpaid depending on the employer’s policy. This law applies to employers with 50 or more employees.

Employees Have the Right to Sue M.G.L. Chapter 149, Section 150; M.G.L. Chapter 151, Sections 1B and 20 Employees have the right to sue their employer for most violations of wage and hour laws. Employees may sue as an individual or they may sue their employer as a group if they have similar complaints. Employees who win their case will receive back pay, triple damages, attorneys’ fees, and court costs. Important! There are strict deadlines for starting a lawsuit. For most cases, the deadline is 3 years after the violation.

Employers Must Not Retaliate M.G.L. Chapter 149, Section 148A; M.G.L. Chapter 151, Section 19 It is against the law for an employer to punish or discriminate against an employee for making a complaint or trying to enforce the rights explained in this poster. The laws explained in this poster apply to all workers, regardless of immigration status, including undocumented workers. If an employer reports or threatens to report a worker to immigration authorities because the worker complained about a violation of rights, the employer can be prosecuted and/or subject to civil penalties.

Employees Under 18 – Child Labor M.G.L. Chapter 149, Sections 56 –105 All employers in Massachusetts must follow state and federal laws for employees who are under 18 (minors). These laws say when, where, and how long minors may work. They also say what kinds of work or tasks minors must NOT do. Work Permits Required - Most workers under 18 must obtain a work permit. Employers must keep their minor workers’ work permits on file at the worksite. To get a work permit, the minor must apply to the superintendent of the school district where the minor lives or goes to school. To learn more about getting a work permit, contact the Department of Labor Standards at (617) 626-6975, or www.mass.gov/dols.

Dangerous Jobs & Tasks Minors Must Not Do:

• Ages 16 & 17 - Drive most motor vehicles or forklifts • Work at a job that requires that he employee have or use a firearm • Use, clean or repair certain kinds of power-driven machines • Handle, serve, or sell alcoholic beverages • Work 30 or more feet off of the ground
• Ages 14 & 15 - • Cook (except on electric or gas grills that do not have open flames), operate fryolators, rotisseries, NEICO broilers, or pressure cookers • Operate, clean or repair power-driven food slicers, grinders, choppers, processors, cutters, and mixers • Work in freezers or meat coolers • Perform any baking activities • Work in or near factories, construction sites, manufacturing plants, mechanized workplaces, garages, tunnels, or other risky workplaces
• Under 14 - • Minors under 14 cannot work in Massachusetts in most cases

Time & Schedule Restrictions for Minors:

• Ages 16 & 17 - At night, from 10 p.m. to 6 a.m. (or past 10:15 if the employer stops serving customers at 10 p.m.) Exception: On non-school nights, may work until 11:30 p.m. or until midnight, if working at a restaurant or racetrack. • More than 9 hours per day • More than 48 hours per week • More than 6 days per week
• Ages 14 & 15 - 
  • During the School Year* - • During school hours • More than 3 hours on any school day • More than 18 hours during any week • More than 8 hours on any weekend or holiday
  • When school is not in session - • More than 8 hours on any day • More than 40 hours per week • More than 6 days per week

              *Exception: For school-approved career or experience-building jobs, students may be allowed to work during the school day, up to 23 hours a week

Adult Supervision Required After 8 p.m. - After 8 p.m., all minors must be directly supervised by an adult who is located in the workplace and is reasonably accessible. Exception: Adult supervision is not required for minors working at a kiosk or stand in a common area of an enclosed shopping mall that has security from 8 p.m. until the mall closes.

These are just some examples of tasks prohibited under both state and federal law. For a complete list of prohibited jobs for minors, contact the Attorney General’s Fair Labor Division: (617) 727-3465 • www.mass.gov/ago/youthemployment. Or contact the U.S. Department of Labor: (617) 624-6700 • www.youth.dol.gov

Contact the Attorney General’s Fair Labor Division: (617) 727-3465 – www.mass.gov/ago/fairlabor

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US Employee Rights Under the Fair Labor Standards Act (FLSA)

United States Employee Rights under the federal Fair Labor Standards Act

Federal minimum wage $7.25 per hour beginning July 25, 2009

OVERTIME PAY   At least 1½ times the regular rate of pay for all hours worked over 40 in a workweek.

CHILD LABOR   An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs with certain work hours restrictions. Different rules apply in agricultural employment

TIP CREDIT   Employers of “tipped employees” who meet certain conditions may claim a partial wage credit based on tips received by their employees. Employers must pay tipped employees a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee’s tips combined with the employer’s cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference.

PUMP AT WORK   The FLSA requires employers to provide reasonable break time for a nursing employee to express breast milk for their nursing child for one year after the child’s birth each time the employee needs to express breast milk. Employers must provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.

ENFORCEMENT    The Department has authority to recover back wages and an equal amount in liquidated damages in instances of minimum wage, overtime, and other violations. The Department may litigate and/or recommend criminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of the law. Civil money penalties may also be assessed for violations of the FLSA’s child labor provisions. Heightened civil money penalties may be assessed for each child labor violation that results in the death or serious injury of any minor employee, and such assessments may be doubled when the violations are determined to be willful or repeated. The law also prohibits retaliating against or discharging workers who file a complaint or participate in any proceeding under the FLSA.

ADDITIONAL INFORMATION

• Certain occupations and establishments are exempt from the minimum wage, and/or overtime pay provisions. Certain narrow exemptions also apply to the pump at work requirements.
• Special provisions apply to workers in American Samoa, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico.
• Some state laws provide greater employee protections; employers must comply with both.
• Some employers incorrectly classify workers as “independent contractors” when they are actually employees under the FLSA. It is important to know the difference between the two because employees (unless exempt) are entitled to the FLSA’s minimum wage and overtime pay protections and correctly classified independent contractors are not.
• Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor.

US States Department of Labor Wage and Hour Division
1-866-487-9243
TTY: 1-877-889-5627
www.dol.gov/whd

Rev 04/23

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Pay Transparency

PAY TRANSPARENCY
NONDISCRIMINATION PROVISION

The contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor’s legal duty to furnish information. 41 CFR 60-1.35(c)

If you believe that you have experienced discrimination contact OFCCP 1.800.397.6251 | TTY 1.877.889.5627 | www.dol.gov/ofccp 200 CONSTITUTION AVENUE NW WASHINGTON, DC 20210 tel: 1-800-397-6251 TTY: 1-877-889-5627 www.dol.gov/ofccp

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Affirmative Action, Non-Discrimination, and Title IX Non-Discrimination Policy Statement

Affirmative Action, Non-Discrimination, and Title IX compliance at the University of Massachusetts Amherst are overseen by the Equal Opportunity and Access Office (EOAO). Important related policies with which UMass community members comply are provided on EOAO's website.

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Know Your Rights: Workplace Discrimination is Illegal

U.S. Equal Employment Opportunity Commission
Know Your Rights: Workplace Discrimination is Illegal

The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in employment. If you believe you’ve been discriminated against at work or in applying for a job, the EEOC may be able to help.

Who is Protected?

• Employees (current and former), including managers and temporary employees
• Job applicants
• Union members and applicants for membership in a union

What Organizations are Covered?

• Most private employers
• State and local governments (as employers)
• Educational institutions (as employers)
• Unions
• Staffing agencies

What Types of Employment Discrimination are Illegal?
Under the EEOC’s laws, an employer may not discriminate against you, regardless of your immigration status, on the bases of:

• Race
• Color
• Religion
• National origin
• Sex (including pregnancy and related conditions, sexual orientation, or gender identity)
• Age (40 and older)
• Disability
• Genetic information (including employer requests for, or purchase, use, or disclosure of genetic tests, genetic services, or family medical history)
• Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.

What Employment Practices can be Challenged as Discriminatory?
All aspects of employment, including:

• Discharge, firing, or lay-off
• Harassment (including unwelcome verbal or physical conduct)
• Hiring or promotion
• Assignment
• Pay (unequal wages or compensation) Failure to provide reasonable accommodation for a disability or a sincerely held religious belief, observance or practice
• Benefits
• Job training
• Classification
• Referral
• Obtaining or disclosing genetic information of employees
• Requesting or disclosing medical information of employees
• Conduct that might reasonably discourage someone from opposing discrimination, filing a charge, or participating in an investigation or proceeding.

What can You Do if You Believe Discrimination has Occurred?
Contact the EEOC promptly if you suspect discrimination. Do not delay, because there are strict time limits for filing a charge of discrimination (180 or 300 days, depending on where you live/ work). You can reach the EEOC in any of the following ways:

• Submit an inquiry through the EEOC’s public portal: https://publicportal.eeoc.gov/Portal/Login.aspx
• Call 1–800–669–4000 (toll free) 1–800–669–6820 (TTY) 1–844–234–5122 (ASL video phone)
• Visit an EEOC field office (information at www.eeoc.gov/field-office)
• E-Mail info [at] eeoc [dot] gov

Additional information about the EEOC, including information about filing a charge of discrimination, is available at www.eeoc.gov.

EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTS

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) enforces the nondiscrimination and affirmative action commitments of companies doing business with the Federal Government. If you are applying for a job with, or are an employee of, a company with a Federal contract or subcontract, you are protected under Federal law from discrimination on the following bases:

• Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, National Origin Executive Order 11246, as amended, prohibits employment discrimination by Federal contractors based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment
• Asking About, Disclosing, or Discussing Pay Executive Order 11246, as amended, protects applicants and employees of Federal contractors from discrimination based on inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.
• Disability Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals with disabilities from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment by Federal contractors. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship to the employer. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.
• Protected Veteran Status The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits employment discrimination against, and requires affirmative action to recruit, employ, and advance in employment, disabled veterans, recently separated veterans (i.e., within three years of discharge or release from active duty), active duty wartime or campaign badge veterans, or Armed Forces service medal veterans.
• Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination by Federal contractors under these Federal laws. Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under OFCCP’s authorities should contact immediately: The Office of Federal Contract Compliance Programs (OFCCP) U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 1–800–397–6251 (toll-free) If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. OFCCP may also be contacted by submitting a question online to OFCCP’s Help Desk at https://ofccphelpdesk.dol.gov/s/, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor and on OFCCP’s “Contact t Us” webpage at https://www.dol.gov/agencies/ofccp/contact.

PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

• Race, Color, National Origin, Sex: In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance.
• Individuals with Disabilities Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job. If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance.

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Policy Against Discrimination, Harassment, and Related Interpersonal Violence

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including the Policy Against Discrimination, Harassment, and Related Interpersonal Violence.

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Statement of Affirmative Action and Equal Opportunity (Trustee Policy)

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including policies enacted by the University of Massachusetts Board of Trustees including the Statement of Affirmative Action and Equal Opportunity.

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Fair Employment in Massachusetts

Fair Employment in Massachusetts

Applicants to and employees of private employers with 6 or more employees*, state and local governments, employment agencies and labor organizations are protected under Massachusetts General Laws Chapter 151B from discrimination on the following bases:

RACE, COLOR, RELIGION, NATIONAL ORIGIN, AGE, SEX, GENDER IDENTITY, SEXUAL ORIENTATION, GENETIC INFORMATION, ANCESTRY, MILITARY SERVICE M.G.L. c. 151B protects applicants and employees from discrimination in hiring, promotion, discharge, compensation, benefits, training, classification and other aspects of employment on the basis of race, color, religion, national origin (including unlawful language proficiency requirements), age (if you are 40 years old or older), sex (including pregnancy), gender identity, sexual orientation, genetic information, ancestry, and military service. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose an undue hardship.

HARASSMENT Sexual harassment includes sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with a person’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. The law also prohibits harassment based on the protected classes set forth above.

PARENTAL LEAVE The law requires employers to grant an employee who has completed an initial probationary period and has given two (2) weeks’ notice of the anticipated date of departure and the employee’s intention to return, at least eight (8) weeks of paid or unpaid leave for the purpose of childbirth, adoption of a child under 18, or adoption of a child under 23 years old if the child has a mental or physical disability. DISABILITY M.G.L. c. 151B prohibits discrimination the basis of disability, a record of disability or perceived disability, in hiring, promotion, discharge, compensation, benefits, training, classification and other aspects of employment. Disability discrimination may include failing to reasonably accommodate an otherwise qualified person with a disability.

RETALIATION It is illegal to retaliate against any person because s/he has opposed any discriminatory practices or because s/he has filed a complaint, testified, or assisted in any proceeding before the Commission. It is also illegal to aid, abet, incite, compel or coerce any act forbidden under M.G.L. c. 151B, or attempt to do so.

DOMESTIC WORKERS M.G.L. c. 151B prohibits discrimination and harassment against certain domestic workers where the employer has one (1) or more employee.* While some exclusions apply, domestic workers generally include individuals paid to perform work of a domestic nature within a household on a regular basis, such as housekeeping, housecleaning, nanny services, and/or caretaking. Employers are prohibited from engaging in sexual harassment and harassment and/or discrimination based on the protected classes described above, i.e. race, color, etc. Domestic workers are also entitled to parental leave.

CRIMINAL HISTORY INQUIRIES The law prohibits employers from asking applicants on an initial employment application for any criminal background information unless an exemption by statute or regulation exists.

MENTAL HEALTH FACILITY ADMISSION INQUIRIES Employers may not refuse to hire or terminate an employee for failing to furnish information regarding his/her admission to a facility for the care and treatment of mentally ill persons. An employment application may not seek information about an applicant’s admission to such a facility.

IF YOU HAVE BEEN DISCRIMINATED AGAINST If you feel you have been harassed or discriminated against, you should immediately file a charge of discrimination with the Massachusetts Commission Against Discrimination, www.mcad.gov, at one of the offices below. An agreement with your employer to arbitrate your discrimination claim(s) does not bar you from filing a charge of discrimination.

Boston Office: 1 Ashburton Pl., Suite 601, Boston, MA 02108 – P: 617-994-6000 F: 617-994-6024
New Bedford Office: 800 Purchase St., Room 501, New Bedford, MA 02740 – P: 508-990-2390 F: 508-990-4260
Springfield Office: 436 Dwight St., Room 220, Springfield, MA 01103 – P: 413-739-2145 F: 413-784-1056
Worcester Office: 484 Main St., Room 320, Worcester, MA 01608 – P: 508-453-9630 F: 508-755-3861
For more information, please see our website: www.mass.gov/mcad/

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Massachusetts - Sexual Harassment is Illegal

If you are being sexually harassed, report it immediately to your supervisor or contact the UMass Equal Opportunity and Access Office (telephone 413.545.3464 / TitleIXCoordinator [at] umass [dot] edu (TitleIXCoordinator[at]umass[dot]edu)).

You can file a complaint of discrimination with the MA Commission Against Discrimination (MCAD) at one of the following locations:

Boston Headquarters
1 Ashburton Place, Ste. 601, Boston, MA 02108
Phone: 617-994-6000  Fax: 617-994-6024

New Bedford
128 Union St., Ste 206, New Bedford, MA 02740
Phone: 774-510-5801  Fax: 744-510-5802

Springfield
436 Dwight Street, Rm. 220, Springfield, MA 01103
Phone: 413-739-2145   Fax: 413-784-1056

Worcester
484 Main Street, Rm. 320, Workerster, MA 01608
Phone: 508-453-9630   Fax: 508-755-3861

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Massachusetts Pregnant Workers Fairness Act

The Massachusetts Pregnant Workers Fairness Act (“the Act”) provides various protections for pregnant and nursing employees.

Pursuant to the Act, employees have the right to be free from discrimination due to pregnancy or a condition related to pregnancy, including the right to reasonable accommodations for conditions related to pregnancy. We endeavor to make our campus a welcoming place for all employees. It is important that  pregnant and nursing employees are aware of the resources which are available to them. While we believe that our campus practices are already in compliance with this Act, should you have any questions or concerns, the following offices are best situated to assist you:

• For questions related to accommodations for pregnancy or a pregnancy-related condition, contact the Accessible Workplace Office.
• For questions related to accommodations for nursing employees, including lactations spaces or release time, contact AskHR [at] umass [dot] edu.
• For concerns related to discrimination, harassment, or retaliation as defined by this Act, please contact the Equal Opportunity and Access Office.

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Principles of Employee Conduct

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including policies enacted by the University of Massachusetts Board of Trustees.

Institutions of higher education are entrusted with great resources and commensurably great responsibilities. They must meet their mission of research, teaching, and service in ways that truly enrich the society that supports them and truly serve the students, parents, and alumni who in joining the university community become life-long members of the extended university learning family. College and university leaders play a key role in assuring that high standards of ethical practice attend to the delivery of services to their various constituents and to the custody and use by all their faculty, staff and students of the resources entrusted to them. The University of Massachusetts embraces the values expressed in these Principles of Employee Conduct and expects their observance by all its employees.

University of Massachusetts Amherst employees are expected to comport themselves in keeping with the University of Massachusetts Principles of Employee Conduct.

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Summary of the Conflict of Interest Law for State Employees

Summary of the Conflict of Interest Law for State Employees

All State employees must be provided with the summary of the conflict of interest law annually

All current elected and appointed state employees must be provided with this Summary of the Conflict of Interest Law for State Employees within 30 days of election or appointment, and then annually thereafter. All state employees are then required to acknowledge in writing that they received the summary.

Summary of the Conflict of Interest Law for State Employees

This summary is not a substitute for legal advice, nor does it mention every aspect of the law that may apply in a particular situation. State employees can obtain free confidential advice about the conflict of interest law from the Commission's Legal Division. State agency counsel may also provide advice.

The conflict of interest law seeks to prevent conflicts between private interests and public duties, foster integrity in public service, and promote the public's trust and confidence in that service by placing restrictions on what state employees may do on the job, after hours, and after leaving public service, as described below. The sections referenced below are sections of G.L. c. 268A.

When the Commission determines that the conflict of interest law has been violated, it can impose a civil penalty of up to $10,000 ($25,000 for bribery cases) for each violation. In addition, the Commission can order the violator to repay any economic advantage he gained by the violation, and to make restitution to injured third parties. Violations of the conflict of interest law can also be prosecuted criminally.

I. Are you a state employee for conflict of interest law purposes?

You do not have to be a full-time, paid state employee to be considered a state employee for conflict of interest purposes. Anyone performing services for a state agency or holding a state position, whether paid or unpaid, including full- and part-time state employees, elected officials, volunteers, and consultants, is a state employee under the conflict of interest law. An employee of a private firm can also be a state employee, if the private firm has a contract with the state and the employee is a "key employee" under the contract, meaning the state has specifically contracted for her services. The law also covers private parties who engage in impermissible dealings with state employees, such as offering bribes or illegal gifts.
 

II. Applying for State Employment. (See Section 6B)

State agencies reviewing employment applications are required to request, and applicants for state employment are required to disclose, information about applicants' family members who are already employed by the state. Every applicant for state employment must disclose, in writing, the names of any state employee who is related to the applicant as spouse, parent, child, sibling, or the spouse of the applicant's parent, child, or sibling.
 

III. On-the-job restrictions.

(a) Bribes. Asking for and taking bribes is prohibited. (See Section 2)

A bribe is anything of value corruptly received by a state employee in exchange for the employee being influenced in his official actions. Giving, offering, receiving, or asking for a bribe is illegal.

Bribes are more serious than illegal gifts because they involve corrupt intent. In other words, the state employee intends to sell his office by agreeing to do or not do some official act, and the giver intends to influence him to do so. Bribes of any value are illegal.

(b) Gifts and gratuities. Asking for or accepting a gift because of your official position, or because of something you can do or have done in your official position, is prohibited. (See Sections 3, 23(b)(2), and 26)

State employees may not accept gifts and gratuities valued at $50 or more given to influence their official actions or because of their official position. Accepting a gift intended to reward past official action or to bring about future official action is illegal, as is giving such gifts. Accepting a gift given to you because of the state position you hold is also illegal. Meals, entertainment event tickets, golf, gift baskets, and payment of travel expenses can all be illegal gifts if given in connection with official action or position, as can anything worth $50 or more. A number of smaller gifts together worth $50 or more may also violate these sections.

Example of violation: A highway inspector allows a pavement contractor to buy him lunch every day during a two-month road repaving project.

Example of violation: An industry association provides a free day's social outing, including a barbecue lunch, golf, a cocktail hour, and a clam bake, to a group of legislators.

Regulatory exemptions. There are situations in which a state employee's receipt of a gift does not present a genuine risk of a conflict of interest, and may in fact advance the public interest. The Commission has created exemptions permitting giving and receiving gifts in these situations. One commonly used exemption permits state employees to accept payment of travel-related expenses when doing so advances a public purpose and a written disclosure is made. Another commonly used exemption permits state employees to accept payment of costs involved in attendance at educational and training programs. Other exemptions are listed on the Commission's website.

Example where there is no violation: A non-profit concerned with preventing domestic violence offers to pay the travel expenses of an assistant district attorney to a conference on prosecuting domestic violence cases. The attorney fills out a disclosure form and obtains prior approval from his appointing authority.

Example where there is no violation: A professional engineers' association offers a continuing education seminar of substantial value and waives the registration and materials fees for state employees who are engineers. The state engineers must make a disclosure only if the sponsoring entities have official business before them during the six months before and after the seminar.

(c) Misuse of position. Using your official position to get something you are not entitled to, or to get someone else something they are not entitled to, is prohibited. Causing someone else to do these things is also prohibited. (See Sections 23(b)(2) and 26)

A state employee may not use her official position to get something worth $50 or more that would not be properly available to other similarly situated individuals. Similarly, a state employee may not use her official position to get something worth $50 or more for someone else that would not be properly available to other similarly situated individuals. Causing someone else to do these things is also prohibited.

Example of violation: A state employee writes a novel on work time, using her office computer, and directing her secretary to proofread the draft.

Example of violation: The commissioner of a state agency directs subordinates to drive her wife to and from the grocery store.

Example of violation: An assistant attorney general avoids a speeding ticket by asking the police officer who stops him, "Do you know who I am?" and showing his state I.D.

(d) Self-dealing and nepotism. Participating as a state employee in a matter in which you, your immediate family, your business organization, or your future employer has a financial interest is prohibited. (See Section 6)

A state employee may not participate in any particular matter in which he or a member of his immediate family (parents, children, siblings, spouse, and spouse's parents, children, and siblings) has a financial interest. He also may not participate in any particular matter in which a prospective employer, or a business organization of which he is a director, officer, trustee, or employee has a financial interest. Participation includes discussing as well as voting on a matter, and delegating a matter to someone else.

A financial interest may create a conflict of interest whether it is large or small, and positive or negative. In other words, it does not matter if a lot of money is involved or only a little. It also does not matter if you are putting money into your pocket or taking it out. If you, your immediate family, your business, or your employer have or has a financial interest in a matter, you may not participate. The financial interest must be direct and immediate or reasonably foreseeable to create a conflict. Financial interests which are remote, speculative or not sufficiently identifiable do not create conflicts.

Neither general legislation nor home rule legislation are "particular matters" for purposes of the conflict of interest law. A state employee can participate in general legislation and home rule legislation even if she has a financial interest in such legislation, but state legislators and constitutional officers must file a disclosure if the matter will substantially affect their financial interests, and any state employee must file a disclosure if a reasonable person would think that the employee could be improperly influenced.

Example of violation: The chief administrative officer of a state agency, who has a balance of 900 hours in accumulated sick leave, proposes a plan by which the agency will pay employees for accumulated sick leave.

Example of violation: An employee of the Massachusetts Cultural Council is also the director of a non-profit corporation dedicated to increasing art in public spaces. The non-profit applies to the Council for a grant, and the employee participates in rating the applications received for that grant.

Example of violation: A state employee promotes his son to a position under his supervision.

Example where there is no violation: Proposed legislation under consideration by the State Senate will amend the General Laws with respect to insurance coverage of ocean front property. A State Senator owns ocean front property in Cape Cod. The Senator can discuss and vote on the legislation because it is general legislation, but must file a disclosure because the legislation will substantially affect her financial interest.

A state employee whose duties do not require her to participate in a particular matter may comply with the law by simply not participating in the particular matter in which she has a financial interest. She need not give a reason for not participating.

An appointed state employee may also comply with the law by filing a written disclosure about the financial interest with his appointing authority, and seeking permission to participate notwithstanding the conflict. If a state employee's duties would require him to participate in a matter in which he has a financial interest, this is the procedure he should use. The appointing authority may grant written permission to participate if she determines that the financial interest in question is not so substantial that it is likely to affect the integrity of the employee's services to the state. Otherwise, the appointing authority will assign the matter to someone else, or do it herself. Participating without disclosing the financial interest is a violation. Elected employees cannot use the disclosure procedure because they have no appointing authority.

Regulatory exemptions. The Commission has created exemptions permitting state employees to participate in particular matters notwithstanding the presence of a financial interest in certain very specific situations when permitting them to do so advances a public purpose.  A person serving as a member of a state board pursuant to a legal requirement that the board have members with a specified affiliation may participate fully in determinations of general policy by the board, even if the entity with which he is affiliated has a financial interest in the matter.  A state elected official may participate in a particular matter that involves a determination of general policy where her financial interest in the matter is shared with a substantial segment of the public, as defined in the Commission’s regulation.  Other exemptions are listed on the Commission's website.

Example where there is no violation: A state licensing board is required by its enabling legislation to have members with various specified affiliations, including members licensed by the board, and members involved in providing training required for licensure.  Board members wish to participate in board discussions about imposing a continuing education requirement on licensees. Compliance with the proposed requirement will cost every licensee several hundred dollars per year. Board members who are licensees and who provide training required for licensure may participate in the determination of the continuing education requirement notwithstanding their financial interests in that matter, because it is a determination of general policy. 

(e) False claims. Presenting a false claim to your employer for a payment or benefit is prohibited, and causing someone else to do so is also prohibited. (See Sections 23(b)(4) and 26)

A state employee may not present a false or fraudulent claim to his employer for any payment or benefit worth $50 or more, or cause another person to do so.

Example of violation: A state agency manager directs his secretary to fill out time sheets to show him as present at work on days when he was skiing.

(f) Appearance of conflict. Acting in a manner that would make a reasonable person think you can be improperly influenced is prohibited. (See Section 23(b)(3))

A state employee may not act in a manner that would cause a reasonable person to think that she would show favor toward someone, or that she can be improperly influenced. Section 23(b)(3) requires a state employee to consider whether her relationships and affiliations could prevent her from acting fairly and objectively when she performs her duties for the state. If she cannot be fair and objective because of a relationship or affiliation, she should not perform her duties. However, a state employee, whether elected or appointed, can avoid violating this provision by making a public disclosure of the facts. An appointed employee must make the disclosure in writing to his appointing official.

Example where there is no violation: A state agency employee is engaged to be married to the owner of a business. The business owner submits a response to a request for proposals from the agency. A reasonable person could conclude that the employee might favor her fiancé's response. The employee files a written disclosure with her appointing authority explaining her relationship with her fiancé prior to the meeting at which responses to the RFP will be considered. There is no violation of Section 23(b)(3).

Example where there is no violation: The State House of Representatives is considering legislation which will create a general law that sets a maximum limit on insurance premiums paid by obstetricians. A State Representative is married to an obstetrician who will be affected by the proposed legislation. The Representative can participate in the matter but files a disclosure of his wife's interest to eliminate any appearance of a conflict. There is no violation.

(g) Confidential information. Improperly disclosing or personally using confidential information obtained through your job is prohibited. (See Section 23(c))

State employees may not improperly disclose confidential information, or make personal use of non-public information they acquired in the course of their official duties to further their personal interests.
 

IV. After-hours restrictions.

(a) Taking a second paid job that conflicts with the duties of your state job is prohibited. (See Section 23(b)(1))

A state employee may not accept other paid employment if the responsibilities of the second job are incompatible with his or her state job.

Example: A state police trooper may not work as a paid private security guard in the area where he serves because the demands of his private employment would conflict with his duties as a trooper.

Example: A State Senator may not take a second position counseling clients on how to receive favorable consideration in the Massachusetts Senate.

(b) Divided loyalties. Receiving pay from anyone other than the state to work on a matter involving the state is prohibited. Acting as agent or attorney for anyone other than the state in a matter involving the state is also prohibited whether or not you are paid. (See Section 4)

Because the Commonwealth is entitled to the undivided loyalty of its employees, a state employee may not be paid by other people and organizations in relation to a matter in which the state has an interest. In addition, a state employee may not act on behalf of other people and organizations or act as an attorney for other people and organizations if the state has an interest in a matter. Acting as agent includes contacting the state in person, by phone, or in writing; acting as a liaison; providing documents to the state; and serving as spokesman.

A state employee may always represent his own personal interests, even before his own state agency or board, on the same terms and conditions that would apply to other similarly situated members of the public.

Section 4 applies differently to State Senators and State Representatives than it does to other state employees, because they must frequently act on behalf of their constituents. Section 4 allows State Senators and State Representatives to perform constituent services, but prohibits them from appearing personally before state agencies for compensation other than their legislative salaries except on ministerial matters such as filing tax returns, permit and license applications, and incorporation papers, and in state court proceedings and quasi-judicial agency proceedings.

Example of violation: A state employee makes inquiries to another state agency about an investigation that the second state agency is conducting of his wife.

Example of violation: A state advisory commission member participates in matters at his agency that affect one of his private clients, and is compensated by the client for his work on its behalf.

Example where there is no violation: A State Senator is contacted by a constituent who has applied for benefits to a state agency, has not received a timely determination by the agency, and cannot get his calls to the agency returned. The Senator may call the agency on the constituent's behalf to inquire about the matter. The Senator's aide may also call the agency on the constituent's behalf to inquire about the matter without violating Section 4.

While many state employees earn their livelihood in state jobs, some state employees volunteer their time to the state or receive small stipends. Others may serve in a part-time state position which permits them to have other personal or private employment during normal working hours. In recognition of the need not to unduly restrict the ability of volunteers and part-time employees to earn a living, the law is less restrictive for these "special" state employees than for other state employees.

If a state position is a "special" state position, an employee holding that position may be paid by others, act on behalf of others, and act as attorney for others with respect to matters before state agencies other than his own, provided that he has not officially participated in the matter, and the matter is not now, and has not within the past year been, under his official responsibility, and is not pending before his own state agency.

Example: A part-time investigator for a state agency may work on her own time privately for a party litigating a case with a different state agency, provided that she has not participated in or had responsibility for the litigated matter in her state position.

(c) Inside track. Being paid by the state, directly or indirectly, under some second arrangement in addition to your job is prohibited, unless an exemption applies. (See Section 7)

A state employee generally may not have a financial interest in a state contract, including a second state job. A state employee is also generally prohibited from having an indirect financial interest in a contract that the state has with someone else. This provision is intended to prevent state employees from having an "inside track" to further financial opportunities.

Example of violation: A paid state employee accepts paid employment with a second state agency.

Example of violation: A paid state employee buys a surplus computer from his agency.

Example of violation: A state employee wants to work for a non-profit that receives funding under a contract with the state. Unless she can satisfy the requirements of an exemption under Section 7, she cannot take the job.

There are numerous exemptions. Some exemptions apply only to special state employees. Specific exemptions may cover State Senators and State Representatives, teaching and related activities in state facilities, serving as an uncompensated volunteer in a second state position, providing services to state agency clients, and other specific situations. Please call the Ethics Commission's Legal Division for advice about a specific situation.
 

V. After you leave state employment. (See Section 5)

(a) Forever ban. After you leave your state job, you may never work for anyone other than the state on a matter that you worked on as a state employee.

If you participated in a matter as a state employee, you cannot ever be paid to work on that same matter for anyone other than the state, nor may you act for someone else, whether paid or not. The purpose of this restriction is to bar former employees from selling to private interests their familiarity with the facts of particular matters that are of continuing concern to the state. The restriction does not prohibit former state employees from using the expertise acquired in government service in their subsequent private activities.

Example of violation: A former state employee works for a contractor under a contract that she helped to draft and oversee for the state.

(b) One year cooling-off period. For one year after you leave your state job you may not participate in any matter over which you had official responsibility during your last two years of public service.

Former state employees are barred for one year after they leave state employment from personally appearing before any agency of the state in connection with matters that were under their authority in their prior state positions during the two years before they left.

Example: A state employee negotiates a three-year contract with a company. The manager who supervised the employee, and had official responsibility for the contract but did not participate in negotiating it, leaves her job to work for the company to which the contract was awarded. The former manager may not call or write the state in connection with the company's work on the contract for one year after leaving the state.

A former state employee who participated as such in general legislation on expanded gaming and related matters may not become an officer or employee of, or acquire a financial interest in, an applicant for a gaming license, or a gaming licensee, for one year after his public employment ceases.

(c) Partners. Your partners will be subject to restrictions while you serve as a state employee and after your state service ends.

Partners of state employees and former state employees are also subject to restrictions under the conflict of interest law. If a state employee participated in a matter, or if he has official responsibility for a matter, then his partner may not act on behalf of anyone other than the state or provide services as an attorney to anyone but the state in relation to the matter.

Example: An architect serves on the state Architectural Access Board, and is responsible for every matter that comes before the Board. While he serves, his partners may not submit architectural plans for any clients seeking a variance from the Board.

Example: A former state agency general counsel joins a law firm as a partner. Her new partners cannot represent any private clients in connection with matters she litigated for the state for one year after her job with the state ended.

Example: A professional engineer formerly employed by a state agency joins an engineering firm organized as a partnership. His new partners cannot appear before his former agency in connection with matters that he worked on for the state for one year after his job with the state ended.

(d) Legislative and executive agents. For one year after you leave your state job you may not act as a legislative or executive agent before your former agency.

Example of violation: The chief of staff of a State Senator leaves his position. Three months later, he contacts his successor to lobby on behalf of a client.

* * * * *

This summary is not intended to be legal advice and, because it is a summary, it does not mention every provision of the conflict law that may apply in a particular situation. You can find further information about how the law applies in many situations elsewhere on this website. You can also contact the Commission's Legal Division via this website, by telephone, or by letter.

Version 7:  Revised May 10, 2013

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Non-Discrimination and Harassment Policy

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including policies enacted by the University of Massachusetts Board of Trustees including the Non-Discrimination and Harassment Policy.

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Policy Against Intolerance

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including policies enacted by the University of Massachusetts Board of Trustees.

The University of Massachusetts Policy Against Intolerance reads "The Board of Trustees denounces intolerance which interferes with those rights guaranteed by law or policy, and insists that such conduct has no place in a community of learning. We also recognize the obligation of the University to protect the rights of free inquiry and expression, and nothing in the Resolution in Support of Pluralism or Policy Against Intolerance shall be construed or applied so as to abridge the exercise of rights under the Constitution of the United States and other Federal and State laws."

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Resolution in Support of Pluralism

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including policies enacted by the University of Massachusetts Board of Trustees.

The University of Massachusetts Resolution in Support of Pluralism reads "The Board of Trustees affirms its commitment to maintaining an academic environment in which all individuals benefit from each other's experiences through pluralism, mutual respect, appreciation of divergent views, and awareness of the importance of individual rights. To this end, we reassert the importance of civility and the valuable contribution that individuals of all backgrounds bring to the University community."

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Drug Free Workplace

Drug Free Workplace

In compliance with the Drug-Free Workplace Act of 1988, the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance, as defined in the Act, is prohibited in the workplace, whether on or off University premises, when an employee is directly engaged in the performance of work pursuant to the provisions of a Federal grant.

All University campuses will ensure that their drug-free awareness programs inform employees of this policy of maintaining a drug-free workplace; of the dangers of drug abuse in the workplace; of available drug counseling, rehabilitation, and employee assistance programs; and of the penalties that may be imposed for drug abuse violations occurring in the workplace. Each employee engaged in the performance of a Federal grant will be given a copy of the policy.

As a condition of employment under a Federal grant, employees must abide by the terms of the above policy and notify the University of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. The University must notify the contracting agency within ten days after receiving notice of a conviction. Any individual so convicted will be subject to appropriate disciplinary action, up to and including termination, or will be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

Drug-Free Schools and Communities Act
AMENDMENTS OF 1989 PUBLIC LAW 101-226

The University of Massachusetts Amherst, in accordance with both federal legislation and existing University policy, is committed to providing a drug-free, healthful, and safe environment for all faculty, staff and students.

The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, and  the unauthorized possession or use of alcoholic beverages on the Amherst campus or as part of any University activity or business off University premises is prohibited. If it is determined that a violation of this policy has occurred, disciplinary action up to and including termination of employment, expulsion of students, and referral for prosecution may result as deemed appropriate. Applicable legal sanctions for the unlawful possession or distribution of drugs and alcohol are summarized in the following section. 

The University recognizes alcohol and drug dependency as an illness and a major health problem. Alcohol is the number one drug problem in this country and on campus. Drinking alcohol has acute effects on the body. It impairs judgment, vision, coordination and speech and often leads to dangerous risk-taking behavior. These may include drunken driving, injuries and serious accidents. Nearly half of all accidental deaths, suicides and homicides are alcohol related. The misuse of alcohol is often involved in violent behavior, acquaintance rape, unintended pregnancies, and the exposure to sexually transmitted diseases. Long-term excessive drinking and drug use can lead to a wide variety of health problems in many different organ systems.

The use of drugs and alcohol can cause physical and psychological dependence. They can interfere with memory, sensation and perception. Drugs impair the brain's ability to synthesize information. Regular users of drugs develop tolerance and physical dependence often experienced by withdrawal symptoms. The psychological dependence occurs when the drug taking becomes central to the user's life.

Employees who need help with substance abuse problems and co-workers/family members of substance abusers are encouraged to use the University Faculty and staff Assistance Program (545-0350). Services include assessment, referral to professional treatment and self-help programs, an early recovery group and extensive follow-up. All contacts are confidential and conscientious efforts to seek help will not jeopardize any employee's job.

Students with substance abuse problems are encouraged to use the full range of educational and treatment services provided by the University Health Services. The Alcohol and Drug Education Program (577- 5181) offers workshops, information, and referrals to treatment and self-help groups, as well as adult children of alcoholic groups. The Mental Health Division (545-2337) provides individual, couples and family therapy for students who have paid the health fee, and for other members of the University community with UHS contracted health plans. Detoxification is available in the  inpatient unit on a limited basis. All contacts are confidential. The Athletic Health Enhancement Program (545-4588) is a collaboration of the University Health Services and the Athletic Department, and offers a special focus on drug and alcohol concerns. The Residential Education Alcohol Program (545-0137) offers services to students who violate the Code of student Conduct through alcohol-related behaviors, and provides students an educational experience to help change problem behaviors.

This information has been compiled and distributed to all members of the campus community to meet the requirements of the Drug-Free Schools and Communities Act. In addition to this policy, other University policies remain in force. These policies are available in the following documents, as appropriate: University Alcoholic Beverage Policy, Code of student Conduct, Residence Hall Manual, Faculty Handbook, AFSCME Handbook, Drug Free Workplace Act.

SUMMARY OF LEGAL SANCTIONS FOR THE UNLAWFUL POSSESSION OR DIRIBUTION OF ILLICIT DRUGS AND ALCOHOL PROVIDED IN COMPLIANCE WITH THE DRUGFREE SCHOOLS AND COMMUNITIES ACT

Local, state, and federal laws make illegal uses of drugs and alcohol serious crimes. Conviction can lead to imprisonment, fines and assigned community service. A felony conviction for such an offense can prevent an individual from entering many fields of employment and licensed professions. Cities and towns in Massachusetts, specifically Amherst, prohibit public consumption of alcohol and impose fines for violation. The Metropolitan District Commission also prohibits public consumption of alcohol in its parks.

Massachusetts laws prohibit sale or delivery of alcoholic beverages to persons under 21 with a fine of up to $2,000 and 6 months imprisonment, or both for violations. Misrepresenting one's age or falsifying an identification to obtain alcoholic beverages is punishable by a fine of $300. A first conviction of driving under the influence of alcohol has a penalty of a $1,000 fine, one-year revocation of driver's license, up to two years in prison, and mandatory participation in an alcohol rehabilitation program. Massachusetts has criminal penalties for the illicit use of controlled substances (or "drugs"), with penalties varying with the type of drug. In general, narcotics, addictive drugs, and drugs with a high potential for abuse have heavier penalties.

A law enacted in Massachusetts in August, 1990, imposes a mandatory minimum of five years imprisonment for causing, inducing or abetting a person under eighteen years old to distribute, disperse or possess with intent to distribute controlled substances, or to deliver or possess money in conjunction with such controlled substances.

Possession of drugs is illegal without valid authorization. While penalties for possession are generally not as great as for manufacture and distribution of drugs, possession of a relatively large quantity may best considered distribution. Under both state and federal laws, penalties for possession, manufacture and distribution are much greater for second and subsequent convictions. Many laws dictate mandatory prison terms and the full minimum term must be served.

Massachusetts makes it illegal to be in a place where heroin is kept and to be "in the company" of a person known to possess heroin. Anyone in the presence of heroin at a private party risks a serious drug conviction. Sale and possession of "drug paraphernalia" is illegal in Massachusetts. Persons convicted of drug possession under state or federal law may best ineligible for federal student grants and loans for up to one year after the first conviction and five years after the second; the penalty for distributing drugs is loss of benefits for five years after the first, 10 years after the second and permanently after the third conviction.

Under Federal law, distribution of drugs to persons under age 21 is punishable by twice the normal penalty with a mandatory one year in prison; a third conviction is punishable by mandatory life imprisonment. These penalties apply to distribution of drugs in or within 1,000 feet of a college or school. Federal law sets greatly heightened prison sentences for the manufacture and distribution of drugs if death or serious injury results from use of the substance.

September, 1997

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Intellectual Property Policy (Trustee Policy, Amherst & Boston Campuses)

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including policies enacted by the University of Massachusetts Board of Trustees.

The Trustee Intellectual Property Policy is intended to facilitate the commercial development of intellectual property arising at the University. Please refer to the Trustee's Intellectual Property Policy for Amherst & Boston for details.

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Regulations for Use of Property (Trustee Policy)

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including policies enacted by the University of Massachusetts Board of Trustees including the Regulations for Use of Property.

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Title IX Policy and Grievance Procedures

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy. The Title IX Policy and Grievance Procedures apply to the conduct of, and protects, University students and employees, including faculty and staff, Five College Interchange Students, graduate, professional and doctoral students, post-doctoral scholars, Five College Shared Employees and student employees. This Policy and Procedure also applies to contractors and other third parties under circumstances within the University’s control and that fall within the jurisdiction of the Policy, per Section III Jurisdiction and Authority.

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Firearms and Weapons Policy

The University of Massachusetts is subject to Massachusetts General Law Chapter 269s 10(j) an overview of which appears as a Weapons Advisory on the UMass Police Department website.

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Workplace Bullying

Workplace bullying is antithetical to the values UMass Amherst espouses as a place where all should be free to take full advantage of the learning and employment opportunities the campus offers. Employees who feel that they are being impacted by workplace bullying have options for support Please refer to the related UMass webpage on for more information.

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Policy on Conflicts of Interest Relating to Intellectual Property and Commercial Ventures (Trustee Policy)

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including policies enacted by the University of Massachusetts Board of Trustees.

The Trustee Intellectual Property Policy is intended to facilitate the commercial development of intellectual property arising at the University. Please refer to the Trustee's Policy on Conflicts of Interest Relating to Intellectual Property and Commercial Ventures for details.

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Commonwealth of Massachusetts Department of Industrial Accidents Notice to Employees

The Commonwealth of Massachusetts
DEPARTMENT OF INDUSTRIAL ACCIDENTS
LAFAYETTE CITY CENTER, 2 AVENUE DE LAFAYETTE, BOSTON, MA 02111
(617) 727-4900 – www.mass.gov/dia

As required by Massachusetts General Law, Chapter 152, Sections 21, 22 & 30, this will give you notice that I (we) have provided for payment to our injured employees under the above-mentioned chapter by insuring with:

Insurer: The Commonwealth of Massachusetts Human Resources Division Workers' Compensation Unit
Address: 100 Cambridge Street, Suite 600, Boston, MA 02114
Policy number: N/A - self insured
Name of Insurance Agent: Massachusetts Human Resources Division Claims Unit
Address: 100 Cambridge Street, Suite 600, Boston, MA 02114

MEDICAL TREATMENT The above named insurer is required in cases of personal injuries arising out of and in the course of employment to furnish adequate and reasonable hospital and medical services in accordance with the provisions of the Workers’ Compensation Act. A copy of the First Report of Injury must be given to the injured employee. The employee may select his or her own physician. The reasonable cost of the services provided by the treating physician will be paid by the insurer, if the treatment is necessary and reasonably connected to the work related injury. In cases requiring hospital attention, employees are hereby notified that the insurer has arranged for such attention at: N/A

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Massachusetts Right to Know Workplace Notice

The RIGHT TO KNOW LAW, Chapter 111F of the Massachusetts General Laws, provides rights to Public Sector employees* regarding the communication of information on toxic and hazardous substances. These rights include:

WORKPLACE NOTICE- A notice must be posted in a central location in the workplace informing employees of their rights under the law. The notice must be in the English language. In workplaces where employees’ first language is other than English, the notice must be posted in that language.

TRAINING- Employers must provide an annual training program to employees who work with toxic or hazardous substances. New employees must receive training within thirty days from date of hire. The training program must be conducted by a competent person and may be in the form of verbal and/or written instruction. At a minimum, training must include an explanation of employee rights, information on how to read an MSDS, the specific hazards of the chemicals used, handled or stored in the workplace, the type of personal protective equipment to be worn, and information on labeling of hazardous substances. This training must be done with pay during the employee’s normal work shift or work hours. The employer must maintain a record of this training.

MATERIAL SAFETY DATA SHEET (MSDS)- The Material Safety Data Sheet is the document that provides information on each toxic or hazardous substance used or stored in the workplace. An employee or his or her designated representative has the right to obtain and examine the MSDS for any toxic or hazardous substance to which the employee “is, has been, or may be”, exposed, if the employee’s request is made to the employer in writing. After four working days from the date the request is made, an employee can refuse to work with the substance under two circumstances:

1. The employer fails to: (a) furnish the employee with the MSDS and (b) furnish the employee with proof that the employer has exercised diligent effort to obtain the MSDS, either through the manufacturer or through the Commissioner of the Division of Occupational Safety, or,
2. The MSDS provided by the employer is incomplete or outdated.

LABELING- All containers in the workplace of more than five pounds or more than one gallon, containing toxic or hazardous substances, must be labeled with the chemical name of the substance. Containers of mixtures must be labeled with the chemical name of each toxic or hazardous constituent when the constituents comprise one percent or more of the mixture. Containers must also be labeled with the appropriate National Fire Prevention Association (NFPA) symbol if available. Labels must be clear, prominent, in English and weather resistant. There are some exceptions to the labeling requirements for containers which are labeled in accordance with certain Federal laws.

NON-DISCRIMINATION- An employee who believes he or she has been discharged, disciplined, or in any other manner discriminated against by an employer for exercising rights granted under the Law, has one hundred eighty days following the violation of the Law or following the date on which he or she obtained knowledge that a violation occurred, to file a complaint with the Commissioner of the Division of Occupational Safety. A copy of the complaint must be sent to the employer at the same time by certified mail.

NOTE- The employee rights listed above are further defined in Chapter 111F of the Massachusetts General Laws and the Code of Massachusetts Regulations 454 CMR 21.00. Copies of the law and regulation can be obtained at the Statehouse Bookstore (617-727-2834).

All Right-to Know Inquiries should be addressed to: Department of Labor Standards 19 Staniford Street, 2nd Floor Boston, MA 02114 Tel.: 617-626-6975 *Private sector employees in Massachusetts are covered by a similar regulation, the Hazard Communication Standard (29 CFR 1910.1200), enforced by the Federal Occupational Safety and Health Administration (OSHA 617-565-9860).

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Massachusetts Workplace Safety and Health Protection for Public Employees

Massachusetts Workplace Safety and Health Protection for Public Employees

Massachusetts General Law Chapter 149, §§ 6 and 6-1/2 provide job safety and health protection for state, municipal and county workers through the promotion of safe and healthful work conditions. In addition, 454 CMR 25 directly extends OSHA regulations to executive branch state agencies.

Employers: Employers are required to provide procedures, equipment and training to prevent work-related injuries and illnesses.

Employees: Employees are required to comply with the policies and procedures established in their workplace to reduce work-related injuries and illnesses.

Inspection: The Department of Labor Standards (“DLS”) may conduct an on-site inspection to evaluate workplace conditions and make recommendations for the prevention of work-related injuries and illnesses. See “Inspection Summary” at www.mass.gov/dols/wshp.

Enforcement: DLS may issue a Written Warning which contains an Order to Correct when an inspection reveals a condition which could cause a work-related injury or illness. DLS may issue a Civil Citation with Civil Penalty in circumstances when the employer repeatedly allows an unsafe condition to occur, the condition has already caused a serious work-related injury, or if the employer has ignored a previous Written Warning.

Voluntary Assistance: Public sector workplaces may request technical assistance by contacting DLS at 508-616-0461 or safepublicworkplace [at] state [dot] ma [dot] us (safepublicworkplace[at]state[dot]ma[dot]us). There are no written warnings or penalties issued for voluntary assistance.

Complaints: Public employees or their representatives may file a complaint about safety and health conditions at their workplace by contacting DLS at 508-616-0461 or safepublicworkplace [at] state [dot] ma [dot] us (safepublicworkplace[at]state[dot]ma[dot]us).

Safety and Health Management: Sample safety programs and technical bulletins are available at www.mass.gov/dols/wshp.

www.mass.gov/dols/wshp 508-616-0461

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Your Employee Rights Under the Family and Medical Leave Act (FMLA)

What is FMLA leave?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for qualifying family and medical reasons. The U.S. Department of Labor’s Wage and Hour Division (WHD) enforces the FMLA for most employees.

Eligible employees can take up to 12 workweeks of FMLA leave in a 12-month period for:

• The birth, adoption or foster placement of a child with you,
• Your serious mental or physical health condition that makes you unable to work,
• To care for your spouse, child or parent with a serious mental or physical health condition, and
• Certain qualifying reasons related to the foreign deployment of your spouse, child or parent who is a military servicemember.

An eligible employee who is the spouse, child, parent or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of FMLA leave in a single 12-month period to care for the servicemember.

You have the right to use FMLA leave in one block of time. When it is medically necessary or otherwise permitted, you may take FMLA leave intermittently in separate blocks of time, or on a reduced schedule by working less hours each day or week. Read Fact Sheet #28M(c) for more information.

FMLA leave is not paid leave, but you may choose, or be required by your employer, to use any employer-provided paid leave if your employer’s paid leave policy covers the reason for which you need FMLA leave.

Am I eligible to take FMLA leave?

You are an eligible employee if all of the following apply:

• You work for a covered employer,
• You have worked for your employer at least 12 months,
• You have at least 1,250 hours of service for your employer during the 12 months before your leave, and
• Your employer has at least 50 employees within 75 miles of your work location.

Airline flight crew employees have different “hours of service” requirements.

You work for a covered employer if one of the following applies:

• You work for a private employer that had at least 50 employees during at least 20 workweeks in the current or previous calendar year,
• You work for an elementary or public or private secondary school, or
• You work for a public agency, such as a local, state or federal government agency. Most federal employees are covered by Title II of the FMLA, administered by the Office of Personnel Management.

How do I request FMLA leave?

Generally, to request FMLA leave you must:

• Follow your employer’s normal policies for requesting leave,
• Give notice at least 30 days before your need for FMLA leave, or
• If advance notice is not possible, give notice as soon as possible

You do not have to share a medical diagnosis but must provide enough information to your employer so they can determine whether the leave qualifies for FMLA protection. You must also inform your employer if FMLA leave was previously taken or approved for the same reason when requesting additional leave.

Your employer may request certification from a health care provider to verify medical leave and may request certification of a qualifying exigency.

The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

State employees may be subject to certain limitations in pursuit of direct lawsuits regarding leave for their own serious health conditions. Most federal and certain congressional employees are also covered by the law but are subject to the jurisdiction of the U.S. Office of Personnel Management or Congress

What does my employer need to do?

If you are eligible for FMLA leave, your employer must:

• Allow you to take job-protected time off work for a qualifying reason,
• Continue your group health plan coverage while you are on leave on the same basis as if you had not taken leave, and
• Allow you to return to the same job, or a virtually identical job with the same pay, benefits and other working conditions, including shift and location, at the end of your leave.

Your employer cannot interfere with your FMLA rights or threaten or punish you for exercising your rights under the law. For example, your employer cannot retaliate against you for requesting FMLA leave or cooperating with a WHD investigation.

After becoming aware that your need for leave is for a reason that may qualify under the FMLA, your employer must confirm whether you are eligible or not eligible for FMLA leave. If your employer determines that you are eligible, your employer must notify you in writing:

• About your FMLA rights and responsibilities, and
• How much of your requested leave, if any, will be FMLA-protected leave

Where can I find more information?

Call 1-866-487-9243 or visit dol.gov/fmla to learn more.

If you believe your rights under the FMLA have been violated, you may file a complaint with WHD or file a private lawsuit against your employer in court.

WH1420 Rev 4/23

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Paid Family and Medical Leave (PFML)

Paid Family and Medical Leave (PFML)
Notice of Benefits Available Under M.G.L. Chapter 175M

Available Leave Covered individuals may be entitled to family and medical leave for the following reasons

• up to 20 weeks of paid medical leave in a benefit year if they have a serious health condition that incapacitates them from work.
• up to 12 weeks of paid family leave in a benefit year related to the birth, adoption, or foster care placement of a child, to care for a family member with a serious health condition, or because of a qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call to active duty in the Armed Forces.
• up to 26 weeks of paid family leave in a benefit year to care for a family member who is a covered service member with a serious health condition.

Covered individuals are eligible for no more than 26 total weeks, in the aggregate, of paid family and medical leave in a single benefit year.

Benefits In 2024 to fund PFML benefits, employers may deduct payroll contributions of up to 0.46% (adjusted annually) from a covered individual’s wages or other earnings. A covered individual’s average weekly earnings will determine his or her benefit amount, for a maximum weekly benefit of up to $ 1,149.90 (adjusted annually).

Who is a Covered Individual Under the Law?
Generally, a worker qualifies as a covered individual eligible for PFML benefits if they are:

• covered by unemployment insurance in Massachusetts and paid wages by a Massachusetts employer; or
• a self-employed individual who resides and works in Massachusetts and chooses to opt-in to the program; and
• has earned at least 30 times the expected benefit and more than $6,300 (adjusted annually) in the last four completed quarters preceding the application for benefits

Job Protection Generally, an employee who has taken paid family or medical leave must be restored to the employee’s previous position or to an equal position, with the same status, pay, employment benefits, length-of service credit, and seniority as of the date of leave. These job protections do not apply to former employees, independent contractors, or self-employed individuals.

Health Insurance Employers must continue to provide for, and contribute to, or otherwise maintain the employees' employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if the employee had continued working continuously for the duration of such leave.

Private Plans If an employer offers employees paid family leave, medical leave, or both, with benefits that are at least as generous as those provided under the law, the employer may apply for an exemption from paying the contributions. Employees continue to be protected from discrimination and retaliation under the law even when an employer opts to provide paid leave benefits through a private plan.

No Retaliation or Discrimination

• It is unlawful for an employer to discriminate or retaliate against an employee for exercising any right to which s/he is entitled under the law.
• An employee or former employee who is discriminated or retaliated against for exercising rights under the law may, not more than three years after the violation occurs, institute a civil action in the superior court, and may be entitled to damages of as much as three times his or her lost wages.

If you have questions or concerns about your Paid Family and Medical Leave rights, call: (833) 344-7365 or visit: https://www.mass.gov/DFML

2024 poster revised 10/2023

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Parental Leave in Massachusetts

Parental Leave in Massachusetts

Parental Leave, formerly called MA Maternity Leave in the Workplace, requires employers to provide eight weeks of unpaid leave to employees for the birth or adoption of their child. The following information is taken from the Massachusetts Commission Against Discrimination (MCAD) website.

The MA Parental Leave Act applies to employers with six or more employees.

The Law

Massachusetts law requires employers with six or more employees to provide eight weeks of unpaid leave for the purpose of giving birth or for the placement of a child under the age of 18 (or under the age of 23 if the child is mentally or physically disabled) for adoption.

Both women and men are eligible for parental leave.

Employee Rights

The parental leave law is now gender neutral, the law applies to all new parents regardless of gender.

Parental leave applies after you have completed your initial probationary period (set by the terms of employment) but cannot exceed three months.

You must provide at least two weeks’ notice of the anticipated date of departure and state your intention to return. However, the law permits you to provide notice as soon as practicable if the delay is for reasons beyond your control.

Employer Responsibilities

Employers must keep a posting in a conspicuous place describing the Parental Leave law’s requirements and the employer’s policies as to parental leave.

Employees on parental leave for the adoption of a child shall be entitled to the same benefits offered to an employee on leave for the birth of a child.

If two of your employees are give birth to or adopting the same child, the two employees are entitled to an aggregate of 8 weeks of leave.

If you, the employer, provide parental leave for longer than 8 weeks, you must reinstate the employee at the end of the extended leave unless you clearly inform the employee in writing before the leave, and before any extension of that leave, that taking longer than 8 weeks of leave shall result in the denial of reinstatement or the loss of other rights and benefits.

You do not need to register or apply for parental leave with the state.

The Commonwealth of Massachusetts does not require individuals to register or apply with the state to benefit from parental leave.

In order to take advantage of protected leave, you must provide at least two weeks’ notice of the anticipated date of departure and state your intention to return with the proper administrators at your company or organization. However, the law permits you to provide notice as soon as practicable if the delay is for reasons beyond your control.

Paid Family Medical Leave

The MCAD does not oversee or administer the Paid Family and Medical Leave act. 

For more information about paid leave in Massachusetts, please visit the Dept. of Family Medical Leave website:  https://www.mass.gov/orgs/department-of-family-and-medical-leave

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Pregnant Workers Fairness Act

Massachusetts Commission Against Discrimination
Pregnant Workers Fairness Act (issued 1/23/2018)

The Pregnant Workers Fairness Act (“the Act”) amends the current statute prohibiting discrimination in employment, G.L. c. 151B, §4, enforced by the Massachusetts Commission Against Discrimination (MCAD). The Act, effective on April 1, 2018, expressly prohibits employment discrimination on the basis of pregnancy and pregnancy-related conditions, such as lactation or the need to express breast milk for a nursing child. It also describes employers’ obligations to employees that are pregnant or lactating and the protections these employees are entitled to receive. Generally, employers may not treat employees or job applicants less favorably than other employees based on pregnancy or pregnancy related conditions and have an obligation to accommodate pregnant workers.

Under the Act

• Upon request for an accommodation, the employer has an obligation to communicate with the employee in order to determine a reasonable accommodation for the pregnancy or pregnancy-related condition. This is called an “interactive process,” and it must be done in good faith. A reasonable accommodation is a modification or adjustment that allows the employee or job applicant to perform the essential functions of the job while pregnant or experiencing a pregnancy-related condition, without undue hardship to the employer
• An employer must accommodate conditions related to pregnancy, including post-pregnancy conditions such as the need to express breast milk for a nursing child, unless doing so would pose an undue hardship on the employer. “Undue hardship” means that providing the accommodation would cause the employer significant difficulty or expense.
• An employer cannot require a pregnant employee to accept a particular accommodation, or to begin disability or parental leave if another reasonable accommodation would enable the employee to perform the essential functions of the job without undue hardship to the employer.
• An employer cannot refuse to hire a pregnant job applicant or applicant with a pregnancy-related condition, because of the pregnancy or the pregnancy-related condition, if an applicant is capable of performing the essential functions of the position with a reasonable accommodation.
• An employer cannot deny an employment opportunity or take adverse action against an employee because of the employee’s request for or use of a reasonable accommodation for a pregnancy or pregnancy-related condition.
• An employer cannot require medical documentation about the need for an accommodation if the accommodation requested is for: (i) more frequent restroom, food or water breaks; (ii) seating; (iii) limits on lifting no more than 20 pounds; and (iv) private, non-bathroom space for expressing breast milk. An employer, may, however, request medical documentation for other accommodations.
• Employers must provide written notice to employees of the right to be free from discrimination due to pregnancy or a condition related to pregnancy, including the right to reasonable accommodations for conditions related to pregnancy, in a handbook, pamphlet, or other means of notice no later than April 1, 2018.
• Employers must also provide written notice of employees’ rights under the Act: (1) to new employees at or prior to the start of employment; and (2) to an employee who notifies the employer of a pregnancy or a pregnancy-related condition, no more than 10 days after such notification.

The foregoing is a synopsis of the requirements under the Act, and both employees and employers are encouraged to read the full text of the law available on the General Court’s website here: https://malegislature.gov/Laws/SessionLaws/Acts/2017/Chapter54.

If you believe you have been discriminated against on the basis of pregnancy or a pregnancy-related condition, you may file a formal complaint with the MCAD. You may also have the right to file a complaint with the Equal Employment Opportunity Commission if the conduct violates the Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act of 1964. Both agencies require the formal complaint to be filed within 300 days of the discriminatory act.

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Your Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA)

YOUR RIGHTS UNDER USERRA
THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.

REEMPLOYMENT RIGHTS
You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:

• you ensure that your employer receives advance written or verbal notice of your service;
• you have five years or less of cumulative service in the uniformed services while with that particular employer;
• you return to work or apply for reemployment in a timely manner after conclusion of service; and
• you have not been separated from service with a disqualifying discharge or under other than honorable conditions. If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION If you:

• are a past or present member of the uniformed service; ✩✩ have applied for membership in the uniformed service; or
• are obligated to serve in the uniformed service; then an employer may not deny you:
• initial employment; ✩✩ reemployment; ✩✩ retention in employment;
• promotion; or
• any benefit of employment because of this status. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

HEALTH INSURANCE PROTECTION

• If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military.
• Even if you don’t elect to continue coverage during your military service, you have the right to be reinstated in your employer’s health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.

ENFORCEMENT

•  
• The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations.
• For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at http://www.dol.gov/vets. An interactive online USERRA Advisor can be viewed at http://www.dol.gov/elaws/userra.htm.
• If you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the Office of Special Counsel, as applicable, for representation.
• You may also bypass the VETS process and bring a civil action against an employer for violations of USERRA.

The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address: http://www.dol.gov/vets/programs/userra/poster.htm. Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.

U.S. Department of Labor 1-866-487-2365
ESGR 1-800-336-4590 Publication Date

April 2017

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Massachusetts Domestic Violence Leave Law

UMass President's Office Guidance Title: Domestic Violence Leave Guidance

Guidance Number: HR-INTERNAL-04

Brief Description: Establishes the guidance for implementation of the MA Domestic Violence Leave Law Responsible Office: Office of Human Resources

INTRODUCTION

Under G.L. c. 149, s. 52E, “An Act Relative to Domestic Violence” (the “Act”), the University is required to provide up to fifteen (15) days of job-protected leave (paid or unpaid) each calendar year, to qualifying employees who are victims of domestic violence.

The Act was signed into law on August 8, 2014, and became effective immediately. The Act creates new employment protections for both employees and their family members who are victims of abusive behavior, including domestic violence.

DEFINITIONS

Employee. An individual who performs services for and under the control and direction of an employer for wages or other remuneration.

Family Member. Defined in the statute as a parent, step-parent, child, step-child, sibling, grandparent or grandchild; a married spouse; persons in a substantive dating or engagement relationship and who reside together; persons having a child in common regardless of whether they have ever married or resided together; or persons in a guardianship relationship.

Domestic Violence. The Act defines “domestic violence” as abuse against an employer or the employee’s family member by:

• a current or former spouse of the employee or the employee’s family member;
• a person with whom the employee or the employee’s family member shares a child in common;
• a person who is cohabitating with or has cohabitated with the employee or the employee’s family member;
• a person who is related by blood or marriage to the employee; or
• a person with whom the employee or employee’s family member has or had a dating or engagement relationship.

Abuse. The Act’s definitions of “abuse” is broadly defined as:

• attempting to cause or causing physical harm;
• placing another in fear of imminent serious physical harm;
• 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;
• engaging in mental abuse, which includes threats, intimidation or acts designed to induce terror;
• depriving another of medical care, housing, food, or other necessities of life; or
• restraining the liberty of another.

Abusive behavior. Any behavior constituting domestic violence, including stalking, sexual assault, or kidnapping under Massachusetts law.

APPLICABILITY

An employee who is a victim, or an employee who has a family member who is a victim of abusive behavior, is eligible for leave. Covered family members include the employee’s spouse, parent, step-parent, child, step-child, sibling, grandparent, and grandchild. The Act specifically notes that perpetrators of domestic violence are not entitled to leave.

COMPENSATION

All employees who are entitled to paid vacation time, sick days or personal days, will be paid for time taken under domestic violence leave, and must exhaust this paid time prior to taking unpaid leave. This guidance does not supersede or replace any benefits or privileges that are provided to employees under their respective collective bargaining agreements.

Time off under the Act may run concurrently with time off provided by the Family Medical Leave Act, the Massachusetts Parental Leave Act, the Massachusetts Earned Sick Leave Law, the Small Necessities Leave Act, and other leave laws that may allow employees to make concurrent use of leave. The University requires employees to use their accrued paid time off to receive pay when taking other statutorily-authorized leave that would otherwise be unpaid, and leave granted pursuant to this guidance would run concurrently with any domestic violence leave currently allowed under an employee’s collective bargaining agreement.

LEAVE AVAILABILITY

If an employee has suffered abusive behavior, or has a family member who is the victim of abusive behavior, the employee may take leave from work for purposes related to the abuse, such as:

• obtaining medical attention or counseling;
• obtaining legal help;
• meeting with law enforcement or a district attorney;
• securing housing;
• securing an order of protection form a court;
• attending child custody proceedings;
• attending other court proceedings related to the abusive behavior, and
• obtaining other victim services.

UNIVERSITY NOTIFICATION

The University must notify each employee of his or her rights and responsibilities under the Act. This guidance, along with the Domestic Violence and Abusive Situation Leave [website], shall satisfy notification requirements for the University.

EMPLOYEE NOTIFICATION

Employees are required to give notice of leave taken pursuant to the Act, except where there is a threat of imminent danger to the health and safety of the employee or the employee’s covered family member. Employees must provide appropriate notice to their immediate supervisor and/or the Assistant Director of Human Resources in advance of their need for leave. In cases of imminent danger to the employee’s or their family member’s health or safety, the employee must provide notice within three (3) workdays that the leave was taken or being taken under the Act. This notice may be given to the applicable campus Human Resources Office by the employee, or the employee’s family member, counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate, or other professional who has assisted the employee in addressing the effects of the abusive behavior.

REQUIRED DOCUMENTATION

Employees are required to provide documentation to support a leave request under the Act, unless there is a threat of imminent danger. Valid documentation that will support leave under the Act includes:

• a restraining order or other documentation of equitable relief issued by a court of competent jurisdiction;
• a police record documenting the abuse;
• documentation that the perpetrator of the abuse has been convicted of one or more of the offenses enumerated in

M.G.L. c. 265 where the victim was a family or household member;

• medical documentation of the abuse;
• a statement provided by a counselor, social worker, health worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee in addressing the effects of the abuse on the employee or the employee’s family; or
• a signed written statement from the employee attesting to the abuse.

If an unscheduled absence occurs, the employee must produce valid documentation of the reason for the absence within 30 days of the unauthorized absence. The University may not require the employee to produce evidence of an arrest or conviction, nor may the University require as a condition of granting, using, or verifying time off under the Act, documentation explaining the details of the domestic violence.

CONFIDENTIALITY REQUIREMENTS

All documentation must be provided to the applicable campus Human Resources Office and will be kept confidential. Documentation shall not be disclosed unless requested by or consented to in writing by the employee; ordered to be released by a court; or otherwise required by applicable state or federal law. Additionally, the campus Human Resources Office will only retain this documentation for as long as it is required to determine the employee’s eligibility for domestic violence leave.

EMPLOYMENT PROTECTIONS

The University cannot discharge, or in any other manner, discriminate against an employee for exercising the employee’s rights under the Act. Upon the employee’s return from such leave, the employee is entitled to restoration to the employee’s original job or to an equivalent position.

If an unscheduled absence occurs, the University shall not take any negative action against the employee if, within 30 days from the unauthorized absence or within 30 days from the last unauthorized absence in the instance of consecutive days of unauthorized absences, the employee provides any of the documentation required under the Act.

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Massachusetts Earned Sick Time

EARNED SICK TIME
Notice of Employee Rights

Beginning July 1, 2015, Massachusetts employees have the right to earn and take sick leave from work.

WHO QUALIFIES?
All employees in Massachusetts can earn sick time.
This includes full-time, part-time, temporary, and seasonal employees.

HOW IS IT EARNED?

• Employees earn 1 hour of sick time for every 30 hours they work.
• Employees can earn and use up to 40 hours per year if they work enough hours.
• Employees with unused earned sick time at the end of the year can rollover up to 40 hours.
• Employees begin earning sick time on their first day of work and may begin using earned sick time 90 days after starting work.

WILL IT BE PAID?

• If an employer has 11 or more employees, sick time must be paid.
• For employers with 1 O or fewer employees, sick time may be unpaid.
• Paid sick time must be paid on the same schedule and at the same rate as regular wages.

WHEN CAN IT BE USED?

• An employee can use sick time when the employee or the employee's child, spouse, parent, or parent of a spouse is sick, has a medical appointment, or has to address the effects of domestic violence.
• The smallest amount of sick time an employee can take is one hour.
• Sick time cannot be used as an excuse to be late for work without advance notice of a proper use.
• Use of sick time for other purposes is not allowed and may result in an employee being disciplined.

CAN AN EMPLOYER HAVE A DIFFERENT POLICY?
Yes. Employers may have their own sick leave or paid time off policy, so long as employees can use at least the
same amount of time, for the same reasons, and with the same job-protections as under the Earned Sick Time Law.

RETALIATION

• Employees using earned sick time cannnot be fired or otherwise retaliated against for exercising or attempting to exercise rights under the law.
• Examples of retaliation include: denying use or delaying payment of earned sick time, firing an employee, taking away work hours, or giving the employee undesirable assignments.

NOTICE & VERIFICATION

• Employees must notify their employer before they use sick time, except in a emergency.
• Employers may require employees to use a reasonable notification system the employer creates.
• If an employee is out of work for 3 consecutive days OR uses sick time within 2 weeks of leaving his or her job, an employer may require documentation from a medical provider.

DO YOU HAVE QUESTIONS?
Call the Fair Labor Division at 617-727-3465
Visit www.mass.gov/ago/earnedsicktime

The Attorney General enforces the Earned Sick Time Law and regulations.
It is unlawful to violate any provision of the Earned Sick Time Law.
Violations of any provision of the Earned Sick time law, M.G.L. c. 149, § 148C, or these regulations, 940 CMR 33.00
shall be subject to paragraphs (1), (2), (4), (6) and (7) of subsection (b) of M.G.L. c. 149, §27C(b) and to § 150.
This notice is intended to inform.
Full text of the law and regulations are available at www.mass.gov/ago/earnedsicktime.

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Academic Personnel Policy

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including the Academic Personnel Policy.

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Policy on Consensual Relationships Between Faculty and Students

Dating or sexual relationships between instructors(1) and students (including undergraduates, graduate students, post-docs and trainees) (hereafter, “sexual relationships”) are inherently problematic because of the unequal power dynamic between the parties to the relationship, the responsibility of the instructor to objectively evaluate students’ work, the possibility that colleagues and other students may be adversely affected, and because such relationships diminish the trust and respect that ordinarily characterize the faculty-student relationship and are therefore inconsistent with the educational mission of the University. For these reasons, the University strongly discourages such relationships, even when both parties willingly consent.

In order to avoid any conflict of interest or abuse of authority, any instructor who has any responsibility for supervision, evaluation, grading, advising, employment, or other instructional or supervisory activity related to a student is prohibited from entering or pursuing a sexual relationship with that student.

Where a conflict of interest or potential conflict of interest or abuse of authority exists in the context of a sexual relationship between an instructor and a student arose before the faculty-student or supervisory relationship or responsibility began, the individual involved shall notify their immediate supervisor. The supervisor shall have the responsibility of making arrangements to eliminate any conflict of interest that might prove detrimental to the University or to either party in the relationship, while at the same time maximizing the student/post-doc’s educational and professional opportunities. Violations of this policy should be reported to the instructor’s supervisor, who will deal with the matter in accordance with university policy and relevant collective bargaining agreements..

(1) For purposes of this policy the term instructor includes faculty members of all titles and ranks, teaching assistants and associates and administrators or staff members who engage in teaching or supervision of students.

The UMass Amherst Provost's Office website provides related resources and information.

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Policy on Faculty Consulting and Outside Activities (Trustee Policy)

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including policies enacted by the University of Massachusetts Board of Trustees.

The Trustee Intellectual Property Policy is intended to facilitate the commercial development of intellectual property arising at the University. Please refer to the Trustee's Policy on Faculty Consulting and Outside Activities - Amherst & Boston.

The UMass Amherst Provost's Office website provides resources related to faculty employment.

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Non-Unit Family Leave Trustee Policy

The employment of benefited Non-Unit staff is, in part, guided by the University of Massachusetts Trustee Family Leave Policy.

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Non-Unit Reduction in Force, UMass Amherst, Boston, Dartmouth, Lowell

The employment of benefited Non-Unit overtime-exempt staff is, in part, guided by the University of Massachusetts Trustee Non-Unit Reduction in Force, UMass Amherst, Boston, Dartmouth, Lowell.

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Trustee Personnel Policy for Non-Unit Professional Staff

The employment of benefited Non-Unit overtime-exempt staff is, in part, guided by the University of Massachusetts Trustee Personnel Policy for Non-Unit Professional Staff.

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