Purpose

Hillcrest Educational Centers recognizes that employees may need time away from work for personal, family, medical, military, civic, or other legally protected reasons. The organization complies with all applicable federal and Massachusetts leave laws and provides eligible employees with leaves of absence as described in this policy.

Nothing in this policy is intended to limit any rights provided under applicable federal, state, or local law. The organization reserves the right to designate leave under the appropriate leave law and to require supporting documentation consistent with applicable legal requirements.

Leave Administration and Coordination

Employees requesting leave should notify Human Resources. Advance notice may be required when the need for leave is foreseeable.

Where permitted by law, leave provided under one policy may run concurrently with leave provided under another policy. For example, Family and Medical Leave Act (FMLA) leave, Massachusetts Paid Family and Medical Leave (PFML), Massachusetts Parental Leave, and other applicable leave entitlements may run concurrently when the reason for leave qualifies under multiple laws.

The organization may require employees to provide certification, documentation, or periodic updates regarding the need for leave and anticipated return-to-work dates, consistent with applicable law.

Employees returning from leave may be required to provide a fitness-for-duty certification when such certification is job-related and consistent with business necessity.

Massachusetts Paid Family and Medical Leave (PFML)

Eligible employees may be entitled to paid family and medical leave benefits through the Massachusetts Department of Family and Medical Leave (DFML) in accordance with Massachusetts law.

Unlike FMLA, there is no minimum length-of-service requirement. An employee may be eligible for PFML even shortly after hire if they meet the earnings requirements based on prior covered employment.

PFML may provide paid, job-protected leave for qualifying reasons, including:

• The employee’s own serious health condition;
• Bonding with a newborn, adopted, or foster child;
• Caring for a family member with a serious health condition;
• Addressing qualifying military exigencies arising from a family member’s active-duty service up to; and
• Caring for a covered service member.

Eligibility, Benefits, and Duration. Eligible employees may receive paid family or medical leave benefits through the Massachusetts Department of Family and Medical Leave (DFML). Eligibility, benefit amounts, and available leave durations are governed by Massachusetts law and may change from time to time.

Notice Requirements. Employees should provide at least thirty (30) days’ advance notice of foreseeable leave whenever practicable. Employees must comply with all DFML application, certification, and reporting requirements. The organization will provide required notices and administer PFML in accordance with applicable law.

Funding of PFML

The program is funded by premiums paid by both employees and employers.  Based upon the contribution rate in effect, the company calculates and withholds premiums from employee paychecks and send both the employee share and the companies share to the state on a quarterly basis.

Employees seeking PFML leave should contact Human Resources and apply directly through the DFML as required.  The organization will administer PFML leave in accordance with applicable law and may designate PFML leave to run concurrently with other available leave entitlements when permitted.

Family and Medical Leave Act (FMLA)

Eligible employees may be entitled to unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA).

• Up to 12 weeks unpaid, job-protected leave for qualifying reasons.
• Eligibility requirements (12 months employment, 1,250 hours worked).
• Runs concurrently with other applicable leaves whenever permitted by law.

FMLA leave may be available for:

• The employee’s own serious health condition;
• The birth of a child and bonding with the child;
• Placement of a child for adoption or foster care and bonding with the child;
• Caring for a spouse, child, or parent with a serious health condition;
• Qualifying military exigencies; and
• Caring for a covered service member with a serious injury or illness.

Massachusetts Parental Leave

Employees who meet the eligibility requirements of the Massachusetts Parental Leave Act may take up to eight (8) weeks of unpaid leave for the birth, adoption, or placement of a child.  This leave is available after completion of the employer’s probationary period (not exceeding three months) or three consecutive months of employment.

Parental leave is accessible regardless of gender and will be administered in accordance with Massachusetts law. Employees should provide notice of the need for leave as far in advance as practicable.

Where permitted by law, Massachusetts Parental Leave may run concurrently with FMLA, PFML, or other applicable leave entitlements.

Small Necessities Leave Act (SNLA)

Employees who are eligible for FMLA leave may be entitled to additional leave under the Massachusetts Small Necessities Leave Act.

Eligible employees may use up to twenty-four (24) hours of leave during a twelve-month period for qualifying purposes, including:

• Participating in school activities directly related to a child’s educational advancement;
• Accompanying a child to routine medical or dental appointments; and
• Accompanying an elderly relative to routine medical, dental, or professional services appointments related to the relative’s care.

Employees should provide reasonable advance notice whenever possible.

Military Leave

The organization supports employees who serve in the uniformed services and complies with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and applicable Massachusetts law.  Employees who perform military service, training, or other qualifying military obligations may be entitled to leave.

Employees should provide advance notice of military service obligations whenever possible and provide documentation as required by law.

Domestic Violence Leave

Massachusetts law requires employers with 50 or more employees to provide up to 15 days of leave in a 12-month period if the employee or a family member is the victim of abusive behavior.

 

Qualifying reasons for leave may include, but are not limited to:

• Seeking medical attention;
• Obtaining counseling or victim services;
• Securing housing;
• Obtaining legal assistance;
• Participating in court proceedings; and
• Taking actions necessary to ensure personal safety.

Disability Accommodation Leave

The organization is committed to providing equal employment opportunities to qualified individuals with disabilities in accordance with the Americans with Disabilities Act (ADA), Massachusetts General Laws Chapter 151B, and other applicable laws.

The organization will engage in an interactive process with the employee to determine whether leave or another accommodation is reasonable and effective under the circumstances.

HEC will consider a personal leave of absence as a potential reasonable accommodation for otherwise qualified employees with a disability, in accordance with applicable laws.

Requests for accommodation will be evaluated on an individualized basis. Additional leave may be available as a reasonable accommodation even when other leave entitlements have been exhausted, provided doing so would not create an undue hardship for the organization.

Personal Leave of Absence

Hillcrest Education Centers may grant a personal leave of absence for compelling personal reasons, at the discretion of the organization.

• Personal leave is typically approved for a defined period, not to exceed 30 calendar days.
• Requests for extensions must be submitted and approved before the end of the originally granted leave.

Approval of a personal leave is at the sole discretion of the organization and will be based on operational needs, the reason for the request, the employee’s work history, and other relevant considerations.

Personal leave is not guaranteed and may be denied, modified, or discontinued based on organizational needs.