Leave of Absence General Information

When Do I apply for a Leave? Any employee who is to be absent from work for more than four (4) consecutive work days must request a leave of absence. Employees may take FMLA leave intermittently – taking leave in separate blocks of time for a single qualifying reason or on a reduced leave schedule – if such leave is medically necessary. Absence Policy Excessive tardiness or absenteeism is defined as more than 4 occurrences of tardiness or absenteeism in a rolling 90 day period.  An occurrence of tardiness or absenteeism is defined as unscheduled tardiness or absence on 1 or more consecutive days (e.g., an employee calling out 2 days in a row constitutes one occurrence).  Unscheduled absences occur when an employee is tardy or absent without prior consent of the supervisor (e.g., failing to call out sick for the day).  What if Intermittent Leave cannot be accommodated? Can Parental Leave be taken on an Intermittent basis? What if Intermittent Leave cannot be accommodated? Perkins may, in its sole discretion, temporarily transfer the employee to another position with equivalent pay and benefits that better accommodates intermittent leave. IF the reduced schedule cannot be accommodated and there is no transfer available, Perkins may place employee on a Continuous leave up to the maximum 12 weeks. Can Parental Leave be taken on an Intermittent basis?  In the case of a leave for the birth or placement of a child, use of intermittent leave is subject to the approval of the Human Resources Department.

Types of LOA and Requirements FMLA Parental Leave Personal Leave WC Leave Small Necessities Military Leave Professional Development Leave Qualifications Time Allowed Benefits Job Restoration Qualifications FMLA: 1250 hours of service over the past 12 months plus1 full year of service over the past 7 years Parental: 3 months of service and Full-Time Employment Personal 3 months of service and at least Half-Time Employment Small Necessity 1250 hours of service over the past 12 months plus1 full year of service   Entitlement/Time Allowed FMLA Entitlement 12 weeks per year counting backwards *(**) Parental Entitlement: 8 weeks following the birth, per child * (**). *if both parents work for Perkins, entitlement is shared/divided for FMLA and Parental Workers Comp Entitlement: 12 weeks (**) Personal Time Allowed: 8 weeks **Leaves may run concurrently with other Leaves Benefits: FMLA, Parental & WC: Perkins continues to pay benefits throughout Leave Entitlement. EE portion needs to be paid by EE Personal: Perkins only pays monthly premium if Employee is using paid time. Otherwise Employee may need to enroll in COBRA to continue bnenfits. Prepayment of EE portion of premium is allowed for planned Leaves-contact payroll Job restoration FMLA, Parental, Workers Comp, Personal-If the employee returns during or at the end of their Leave Entitlement, they will be restored to their former position, or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment, unless changes in the program occurred during the Leave and the employee would have been terminated, laid off, or reassigned had he or she been on active status.

FMLA and Personal Leaves REASONS FOR FMLA AND PERSONAL LEAVES For the birth and care of a newborn child of the employee; For placement with the employee of a son or daughter for adoption or foster care; To care for a spouse, son, daughter, or parent with a serious health condition; To take medical leave when the employee is unable to work because of a serious health condition ALSO: FMLA - Military For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation. PERSONAL Other compelling personal reasons. Employment with another employer is not allowed during any Leave of Absence unless pre-approved by the Director of HR. Definition of Serious Health Condition 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 3 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. Other conditions may meet the definition of continuing treatment.  

All Leaves Notice Required Documentation (on Ask Howe) Communication As early as possible At least 30 days prior for planned FMLA; 2 weeks for planned Personal As soon as practical, for unplanned Leaves Required Documentation (on Ask Howe) LOA Request Medical Certification (for self or Family member)-due in 15 days Medical Clearance (for self)-prior to return Additional documentation, such as proof of relationship may also be required. Communication Mary Salvucci HR

Financial Implications Use of Paid Time Earned Time/Benefits: An employee does not continue to accumulate or earn vacation or sick leave, or any other benefits during an unpaid leave of absence, nor do employees on leave of absence receive holiday pay. School Breaks-Direct Care Staff Teacher Salaries Insurance Responsibilities Use of Paid Time FMLA & Personal Leaves: Use of paid time is Required, unless concurrent with WC or Parental Leave WC: May only use 5 days. Once employees begin receiving Workers’ Compensation benefits (which begin after 5 days) they may not use paid leave. Parental Leave: Use of paid time is allowed but not required. Time can be spread over Leave Period if requested-discuss with payroll School Breaks-For Employees normally scheduled to be off for school breaks School breaks do not count towards FMLA entitlement Employees on Leave, who are not at work for 2 weeks prior to a school break , will not be paid for break period. Teachers Salaries-unpaid Leaves If a teacher is not receiving pay during a ‘Leave’ (ie WC), their salary may need to be adjusted upon their return, because salary is based on work days Insurance Responsibilities Employees on Leave are responsible for their portion of the Insurance premium. BO will bill employees on Leave, every 30 days, if they are not receiving pay, . Lapse may result in cancellation of Insurance.

LOA Extensions Conditional 30 day Extension for employee on Leave for Medical Reasons determined on a case-by-case situation COBRA LTD Conditional 30 day Extension for Employee Medical Leave Updated medical certification is required indicating probable return to work. Approval for extensions are based on a case by case basis. If unable to return within 30 days, position may need to be filled. COBRA Perkins no longer pays monthly Insurance premiums when: Employee on Personal Leave or Leave Extension and employee runs out of paid time Employee is terminated Allows Employee to maintain Insurance , but EE is responsible for premium Managed by 3rd party Alternatives- Loss of Insurance is a qualifying event, so you may be eligible for coverage through: spouse’s Insurance; Mass Health Connector LTD-may be eligible for benefits after 90 day waiting period (includes school breaks) Perkins Contact : Mary Salvucci or HR Application Sections: Employer; Employee; Physician(s) Paid Time: Once employees begin receiving Long-term Disability Plan benefits they may not use paid sick leave.

References Employee Handbook FMLA Fact Sheet Ask Howe: https://askhowe.perkins.org/resources/leave-absence-loa-policies-and-request-forms Email questions to: mary.salvucci@perkins.org; julie.delillo@perkins.org