Effective Date: July 22, 2017
Last Reviewed: July 22, 2017
This policy shall at all times be interpreted to comply with Massachusetts General Laws, Chapter 149, Section 148Cand 940 CMR 33.00, as amended from time to time.
This policy is subject to the applicable College discipline and conduct policies, procedures, and rules. Consistent with Massachusetts law, if an employee is committing fraud or abuse by engaging in an activity that is not consistent with allowable purposes for leave or by exhibiting a clear pattern of taking leave on days when the employee is scheduled to perform duties perceived as undesirable, the College may discipline the employee for misuse of sick leave.
For the purposes of this policy,
Eligible Full-time Employees (employees who are scheduled to work 35 or more hours per week and full-time Faculty) accrue or receive (as applicable) sick time. The rate for a 35hour per week employee and faculty member is l.25 days per month to a maximum amount of 889 hours (127 days) and the rate for a 40 hour per week employee is 1.25 days per month to a maximum of 1016 hours (127 days).
Part-time Employees (employees who are scheduled to work 20 hours/week to less than 35 hours/week) accrue sick time on a pro-rated basis as determined by the Office of Human Resources.
Union Employees (employees governed by a Collective Bargaining Agreement (CBA)) shall accrue sick time asstated in this policy or as agreed to within the CBA. Ifthere is a difference between the CBA and this policy the CBA will control for Union Employees.
Full-time Employees, Part-time Employees, and Union Employees are permitted to use up to 41 hours of job protected sick time before it has been accrued with the permission of the College. In such cases the used sick time will be accounted for upon accrual.
Limited Hour Part-time Employees, defined as any employee who is scheduled to work up to but not equal to or greater than 20 hours per week, including, Adjunct Faculty, Coaches, Per Diem employees, Stipend Employees, Temporary Employees, Seasonal Employees, Paid Interns, and/or any other employee whose compensation is based on a method other than an hourly rate (collectively, the "Other Sick Time Classifications"),may accrue or receive (as applicable) 41 hours of sick time per year on abasis determined by the Office of Human Resources for each class of employee and are permitted to use up to 41 hours of job protected sick time before it has been accrued with the permission of the College. Employees within the Other Sick Time Classifications may carry over up to 41 hours of unused earned sick time to the next fiscal year.
Student Employees (defined as any individual who is attending the College and is employed in a student worker position and paid by the College, but excluding students participating in a federal work-study program or a substantially similar financed aid or scholarship program funded or subsidized by the federal or state government or by the College through its own funds, or is otherwise exempt from the Federal Insurance Contributions Act (FICA) tax pursuant to §3I 2 l(b)(l0) of the Internal Revenue Code, may accrue or receive (as applicable) 41 hours of sick time per year on a basis determined by the Office of Human Resources and are permitted to use up to 41 hours of job protected sick time before it has been accrued with the permission of the College. Student Employees may carry over up to 41 hours of unused earned sick time to the next fiscal year. Consistent with Massachusetts law, the College requires Student Employees to submit written verification each and every time that they have used earned sick time for allowable purposes after using any amount of sick leave. The Office of Human Resources shall maintain procedures for the submission of written verification.
For all classes of employees,
• Sick time may be used for personal illness, the illness of a spouse, parent, child, sibling, parent-in-law or any individual to whom the employee serves as legal guardian or primary care giver, or for any other reason allowable under Massachusetts law.
• For personal illness sick time may be used until the eligible employee reaches eligibility for long-term disability.
• For illness of a family member covered under the Family Medical Leave Act (FMLA), sick time may be used to cover the FMLA period. See policy E03.28 for additional information on the FMLA.
• Sick time may be taken in 30 minute increments.
• Accrued sick time may be used to attend medical/dental appointments.
• When calling in sick, an employee must, when possible, notify their supervisor at least thirty (30) minutes prior to their scheduled start time.
• Sick leave will not accrue during a calendar month in which the employee is not scheduled to work, or when an employee is on an unpaid leave of absence.
• The College reserves the right to require medical documentation when an illday occurs to the extent such request is allowed under Massachusetts law.
• If a recognized holiday should occur during paid sick leave, the employee will receive holiday pay.
• If an employee is on sick leave when the College declares an unscheduled day off (example: due to inclement weather) the employee will continue to be paid sick time and will not receive an additional day off.
• The College reserves the right to have employees who have been out on a leave of absence due to personal illness/injury meet with occupational health services or an equivalent medical evaluator for a physical prior to returning to work.
• Upon termination, any unused/accrued sick time will not be paid out.
• Upon a return to work, an employee shall maintain the right to use any accrued earned sick time after a break in service of up to one year from the last date of actual work, to the extent required by Massachusetts law.
• Overtime hours shall be included in the calculation of earned sick time only to the extent required by Massachusetts law.
The Office of Human Resources shall keep true and accurate records of the accrual and use of earned sick time for a period of at least three years and such requirement shall be reflected in the College's document retention schedule.