Other Types of Leave
You may apply for a personal leave of absence without pay through the Office of Human Resources and Organizational Excellence. You are requested to give at least three weeks’ notice to your supervisor and the Office of Human Resources and Organizational Excellence of your anticipated date of departure and intention to return. Applications for leaves without pay are handled on a case by case basis.
FMLA
In accordance with the Federal Family and Medical Leave Act (FMLA) of 1993 (revised January, 2009), Clark University has established a policy to allow employees to take a period of leave (generally not to exceed 12 weeks) for the care of their own serious health condition or that of specific family members as defined under FMLA. Employees are eligible if they have worked at Clark University for at least one year, and/or a minimum of 1,250 hours during the previous 12-month period. The University requires that the employee use any earned sick or personal leave or vacation time, as indicated allowable below [see sections a) through d)], before taking leave as unpaid.
Requests for Family Medical Leave by contacting our authorized leave vendor as soon as practicable. You may reach our vendor at 1-877-367-7781 and use control number 53759. Authorized leave vendor will coordinate the leave process in partnership with the Office of Human Resources and Organizational Excellence. Employees are asked to provide a minimum of 30 days advance notice when the leave is “foreseeable” such as a pregnancy, planned surgery, etc. You may be required to submit a medical certification of either your own or family member’s illness. You may also be required to present a fitness-for-duty certificate before we restore you to employment if you took leave for your own serious health condition.
FMLA leave may be granted for the following reasons:
- For incapacity due to pregnancy, prenatal medical care or childbirth;
- To care for the employee’s child after birth, or placement for adoption or foster care;
- To care for the employee’s spouse, child or parent who has a serious health condition;
- For a serious health condition that makes the employee unable to perform his/her job;
- Military family leave entitlements (see details below).
For purposes of this policy, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Please refer to the U.S. Department of Labor, Wage & Hour Division Publication 1420 (revised January 2009) for more details on employee rights and responsibilities under this law. This notice is posted at the Office of Human Resources and Organizational Excellence.
FMLA leaves may be approved for a maximum of 12 weeks in a 12-month period (see exception for military service members below). For purposes of this policy, a “rolling” 12-month period will be used, measured backwards from the date an employee uses any family care leave. Spouses who are both employed by the University are allowed a combined total of 12 weeks of family care leave within a 12-month period for the care of a newborn or adopted child. If leave is requested due to the illness of a child, a spouse, or a parent, then each spouse will be allowed 12 weeks of leave.
- Employee or Family member illnesses:
For the care of a sick family member, employees may utilize up to 10 days of paid sick time; the remainder of the 12 weeks leave would be unpaid. For the employee’s own illness, he/she would be required to utilize all earned sick, personal and vacation time available before going on an unpaid leave.
- Pregnancy or Parental Leave, including adoption:
Employees on pregnancy or parental leave are entitled to up to 12 weeks of leave. Employees may use available sick, personal and vacation time during the leave. During any portion of the leave that is unpaid, employees will be responsible for the cost of their benefits. FMLA leave will run concurrently with leave taken pursuant to the Massachusetts Maternity Leave Act.
- Military Family Exigency:
Eligible employees with a spouse, son, daughter or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation are eligible for 12 weeks of leave. Employees may use up to 8 weeks of earned sick time during this 12-week period, as well as any earned vacation time, or take leave without pay. During any portion of the leave that is unpaid, employees will be responsible for the cost of their benefits. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, etc.
- Military Service Member Illness or Injury:
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. Employees may use up to 8 weeks of earned sick time, and 4 weeks of vacation time during the first 12 weeks of this leave; the remainder of the leave is unpaid. During any portion of the leave that is unpaid, employees will be responsible for the cost of their benefits. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who had a serious injury or illness incurred in the line of duty while on active duty that may render the service member medically unfit to perform his/her duties for which the service member is undergoing medical treatment, recuperative, or therapy; or is in outpatient status, or is on the military’s temporary disability retired list.
Since FMLA requires the continuation of your current health/dental benefits during leave, you need to continue paying your normal premium contribution to avoid a lapse in coverage. If you are not receiving a salary via earned sick or vacation leave, your payments are due at the same time they normally would be made by payroll deduction. If your payment is more than 30 days late, your group health insurance may be cancelled, provided you receive 15 days written notice that coverage will lapse. If you decide not return to work at the end of your 12-week leave, you will be required to reimburse the University for its share of group health insurance premiums during the leave.
Employees, who are on leave without pay for longer than one pay period (two weeks), will be responsible for payment to the University for their continued life, health and disability insurance; and may receive a prorated amount of normally earned vacation and sick time.
At least one week prior to their date of return, employees are expected to notify their supervisor and the Office of Human Resources and Organizational Excellence. It is expected that the employee will provide the Office of Human Resources and Organizational Excellence Office with a medical “return-to-work” release from their provider on/before the date of their return. At the completion of the approved FMLA leave period, an employee will be reinstated to his/her former position or a position of equivalent classification and pay within the University. If the position has been eliminated (due to a reduction in the work force or other operational change, under circumstances applying equally to other similar positions in the department), efforts will be made to find other suitable employment at the University
It is not permissible to be gainfully employed elsewhere while out on FMLA leave. Any employee doing so will be considered to have voluntarily quit without notice and to not be in good standing at the time of leave.
Questions relating to the provisions and eligibility requirements for family care leave should be directed to the Office of Human Resources and Organizational Excellence.
Domestic Violence Leave
The University provides up to 15 days of unpaid leave per rolling 12-month period to victims of abusive behavior, domestic violence, sexual assault, kidnapping, and/or stalking, and certain family members, for purposes directly related to the abusive behavior. These purposes may include seeking legal or medical services, counseling, or victim’s services; securing housing; obtaining a protective order; appearing in court or before a grand jury; or addressing other issues directly related to the abusive behavior against the victim or family member of the victim.
You may take domestic violence leave if you are a victim of abusive behavior, or due to the abuse of a covered family member, including your spouse/partner, parent, child, sibling, grandparent or grandchild, or persons in a guardian relationship. Perpetrators or accused perpetrators of abuse are not entitled to domestic violence leave.
Before taking domestic violence leave, you must exhaust all of your accrued paid time off, including but not limited to sick time, vacation days, and personal time. You must provide advance notice of your need for leave whenever possible; however, this requirement does not apply if you or a covered family member faces imminent danger to you or your family member’s health or safety. Should you be unable to provide advance notice based on a risk of imminent danger, you must notify your manager or the Office of Human Resources and Organizational Excellence within three business days that the time off was related to domestic violence. Should you be unable to notify the University, a family member, counselor, clergy, or assisting professional may do so on your behalf.
The University may require documentation supporting your claim for domestic violence leave. Such documentation can consist of a protective order or other court document, police report, police witness statement, documents reflecting the perpetrator’s conviction or admission of guilt, documentation of medical treatment, and/or a victim advocate, counselor, social worker, health care worker, member of the clergy, or other assisting professional’s sworn statement. In lieu of these documents, you may also submit your own sworn signed statement. Any documentation supporting the need for domestic violence leave must be submitted within 30 days of your last date of absence.
While the leave may not be paid, you are entitled to return to the same or a substantially equivalent position once your leave has ended. You will not be terminated, retaliated against, or receive a reduction in benefits based on your use of domestic violence leave. All information related to the leave will be kept in the strictest confidence.
Crime Victim and Witness Leave
An employee may be the victim of a crime or legally compelled to attend a judicial proceeding as a witness. In these circumstances, employee may take unpaid leave to:
- Respond to a subpoena to appear as a witness in any criminal proceeding;
- Attend a court proceeding or participate in a police investigation related to a criminal case in which they are a witness or a crime victim (or a deceased family member was a victim);
- Attend or participate in a court proceeding related to a civil case in which they are a victim of family violence; or
- Obtain a restraining or protective order on their own behalf.
If you need to take leave under this policy, notify your manager as soon as possible. You may be required to provide documentation supporting such leave.
This policy does not apply to employee who have committed or are alleged to have committed a crime.
The manager will not retaliate against employees who request or take leave in accordance with this policy.
Small Necessities Leave
Pursuant to the Massachusetts Small Necessities Leave Act, the University will provide eligible employees with up to 24 hours of unpaid leave during any 12-month period for the following reasons:
- To participate in school, Head Start, and day care activities directly related to the educational advancement of your child, including parent-teacher conferences or interviewing for a new school;
- To accompany your child to routine medical or dental appointments, including check-ups or vaccinations;
- To accompany your elderly relative to routine medical or dental appointments or appointments for other professional services related to the elder’s care, including interviewing at nursing or group homes.
Leave may be taken intermittently or on a reduced leave schedule. You are eligible for small necessities leave if you have worked for the University for 12 months, either consecutively or nonconsecutively, and worked at least 1,250 hours in the previous 12-month period. If the need for leave is foreseeable, you must provide seven days’ notice. Otherwise, provide notice as soon as possible. You may also be required to submit certification verifying the reason for the leave. You may elect to use Paid Time Off in place of unpaid leave. The University will not retaliate against employees who request or take leave in accordance with this policy.
Jury Duty Leave
Clark University encourages employees to fulfill their civic duties related to jury duty. If you are summoned for jury duty, notify your manager as soon as possible to make scheduling arrangements. You will be paid your regular wages for the first three days of juror service or any part thereof. For any additional days, time spent on jury duty the University will pay the difference between jury duty pay and regular earnings. The University reserves the right to require the employee to provide proof of jury duty service to the extent authorized by law. The University will not retaliate against employees who request or take leave in accordance with this policy.
Voting Leave
If your work schedule prevents you from voting on Election Day, the University will allow you a reasonable time off to vote. The time when you can go to vote will be at the discretion of your manager, consistent with applicable legal requirements.
Leave for Religious Observances
Individual employees may on occasion have personal preference with regard to their religious needs which, according to both federal and state laws, must be reasonably accommodated by an employer. “Reasonable accommodation” means such accommodation to the employee’s religious needs “as shall not cause undue hardship in the conduct of the employer’s business.” Undue hardship includes situations where the employee’s presence is necessary to the orderly transaction of the employer’s business and the work cannot be performed by another employee of similar qualifications, or no such employee is available; situations where the employee’s presence is required because of an emergency; and situations where such accommodation would result in significant added cost to the employer. Leave may be granted to employees who have given reasonable notice of intention to be absent to observe, as a requirement of his or her religion, the Sabbath or any other Holy Day that falls on a workday. Employees are not paid for such absence; the absence should, wherever practical in the judgment of the supervisor, be made up by working an equivalent amount of time without incurring overtime costs. Alternatively, an employee may elect to charge such absences for religious observances to vacation.
Accommodations
Pregnant Workers Fairness Act (PWFA)
Clark University provides reasonable accommodations to employees experiencing limitations related to pregnancy, childbirth, or related medical conditions. We are committed to complying with the federal Pregnant Workers Fairness Act (PWFA) and any applicable state or local laws offering additional protections.
Examples of reasonable accommodations include:
- Additional break time for restroom use, meals, hydration, and rest.
- Seating options allowing for sitting or standing as needed.
- Schedule changes, part-time work, and paid and unpaid leave.
- Flexible work hours to accommodate medical appointments and physical needs.
- Telework (remote work).
- Closer parking spots to the workplace entrance.
- Light duty.
- Making existing facilities accessible or modifying the work environment.
- Job restructuring.
- Temporarily suspending one or more essential functions of the job.
- Acquiring or modifying equipment, uniforms, or devices.
- Adjusting or modifying examinations or policies.
If you require accommodation, notify your manager or Office of Human Resources. In instances where the need for a particular accommodation is not obvious, you may be asked to provide:
- The reason an accommodation is needed;
- A description of the proposed accommodation; and
- Information on how the accommodation will effectively address your limitations.
Medical documentation will not be required in the following situations:
- When the limitation and need for an accommodation is obvious.
- If the University is already aware of the limitation due to previous disclosure.
- If the requested accommodation is to do any of the following, as needed:
- Carry or keep water nearby and drink;
- Take additional restroom breaks;
- Sit, stand, or alternate between sitting and standing; or
- Take breaks to eat and drink.
- For any lactation accommodations.
- When a similar accommodation has been provided to other employees without requiring documentation.
The University will engage in an interactive process with you to identify suitable accommodations. While we strive to accommodate all requests, certain accommodations may not be provided if they would result in undue hardship to the University. Factors considered include the nature and cost of the accommodation, the overall financial resources of the facility, and the impact on operations, including safety and efficiency.
If leave is provided as a reasonable accommodation, it will run concurrently with leave under the federal Family and Medical Leave Act (FMLA) and/or any other applicable leave as permitted by law.
The University strictly prohibits retaliation against employees who request or utilize an accommodation under this policy.
Accommodations for Nursing Mothers
The University will provide nursing mothers reasonable break time to express milk for their nursing child.
If you are nursing, the University will provide you a private room or location, other than a restroom, to express milk. The room or location will be shielded from view and free from intrusion from coworkers and the public.
Expressed milk can be stored in University refrigerators, non-lab refrigerators. If using public refrigerators, sufficiently mark or label your milk to avoid confusion for other employees’ who may share the refrigerator. You may also bring a personal cooler for storage
The break time must, if possible, run concurrently with any break time already provided to you. If you are nonexempt, clock in and out/record the start and end time for, any time taken that does not run concurrently with normally scheduled rest periods. Break time may be unpaid as permissible under applicable law.
You are encouraged to discuss the length and frequency of these breaks with your manager/supervisor.
Clark University will not discriminate or retaliate against employees who express milk in the workplace in accordance with this policy.
