Establishes the guidance for implementation of the MA Earned Sick Leave Law
Effective: 7/1/2015
Last Reviewed/Updated: 11/21/2024

Introduction

Chapter 149 of the General Laws, §148C and 940 CMR 33.02 require that the employer shall provide a minimum of one hour of earned sick time for every thirty hours worked by an employee, up to a maximum of 40 hours of sick time in a calendar year. 

The law does not override employers’ obligations under any contract or benefit plan with more generous provisions than those in the law. Employers that have their own policies providing as much paid time off, usable for the same purposes and under the same conditions as the law, are not required to provide additional paid sick time. Therefore, University employees that are already receiving accrued sick time that is in compliance with the conditions of the state law, and is more generous than the state law requires, will not be impacted by this new law. 

This law may run concurrently with time off provided by the Family Medical Leave Act, the Massachusetts Parental Leave Act, the Massachusetts Domestic Violence Leave Act, the Small Necessities Leave Act, and other leave laws that may allow employees to make concurrent use of leave. UMass requires employees to use, earned paid sick time, to receive pay when taking other statutorily authorized leave that would otherwise be unpaid.

Definitions

Benefit Year. “Benefit year” is used interchangeably with “calendar year” for purposes of 940 CMR 33.00. 

Break in Service. A period extending from the date an employee last worked for an employer until the employee’s return to employment with that employer, whether the separation was voluntary or involuntary.

Calendar Year. The regulations allow for any consecutive 12-month period as determined by an employer. The University will use a year that runs from January 1 to December 31. “Calendar year” is used interchangeably with “benefit year” for purposes of 940 CMR 33.00.

Child. A biological, adopted, or foster child, a stepchild, a legal ward, or a child for whom an employee has assumed the responsibilities of parenthood.

Child For Whom an Employee Has Assumed the Responsibilities of Parenthood. A child of an employee standing in loco parentis, as defined by 29 U.S.C. § 2611(12) and 29 C.F.R. §§ 825.122(c) and 825.800.

Domestic Violence. Abuse committed against an employee or the employee’s child by: (1) a current or former spouse of the employee; (2) a person with whom the employee shares a child in common; (3) a person who is cohabitating with or has cohabitated with the employee; (4) a person who is related to the employee by blood or marriage; or (5) a person with whom the employee has or had a dating or engagement relationship. Except as otherwise specified herein, this term shall be consistent with M.G.L. c. 151A, § 1(g)(1/2), including any amendments thereto.

Date of Hire. An employee’s first date of actual work for an employer. “Date of hire” is used interchangeably with “first date of actual work” for purposes of 940 CMR 33.00.

Earned Paid Sick Time. Time off from work accrued by an employee and provided by an employer that can be used for the purposes described in 940 CMR 33.02: Definitions for Earned Sick Time compensated at the same hourly rate that the employee earns at the time the employee uses the paid sick time; provided, however, that the same hourly rate shall not be less than the effective minimum wage under M.G.L. c. 151, § 1 where applicable.

Earned Sick Time. Time off from work accrued by an employee during hours worked and provided by an employer to allow an employee to:

1. care for the employee’s child or spouse if the spouse experiences pregnancy loss, or a failed assisted reproduction, adoption or surrogacy or care of a parent, or parent of a spouse, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care.
2. care for the employee’s own physical or mental illness, injury, or medical condition that requires homecare, professional medical diagnosis or care, or preventative medical care and for the employee’s own physical health needs if the employee experiences pregnancy loss, or a failed assisted reproduction, adoption or surrogacy.
3. attend a routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent, or parent of spouse.
4. address the psychological, physical or legal effects of domestic violence; or
5. travel to and from an appointment, a pharmacy, or other location related to the purpose for which the time was taken.

Regular Hourly Rate. The amount that an employee is regularly paid for each hour of work.

Same Hourly Rate.

1. For employees compensated on an hourly basis, the same hourly rate means the employee’s regular hourly rate.
2. For employees who receive different pay rates for hourly work from the same employer, the same hourly rate means the wages the employee would have been paid for the hours absent during use of earned sick time if the employee had worked.
3. For employees paid a salary, the same hourly rate means the employee’s total earnings in the previous pay period divided by the total hours worked during the previous pay period. For determining total hours worked during the previous pay period, employees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1), the Fair Labor Standards Act, shall be assumed to work 40 hours in each week unless their normal work week is less than 40 hours, in which case earned sick time shall accrue and the same hourly rate shall be calculated based on the employee’s normal work week. Regardless of the basis used, the same hourly rate shall not be less than the effective minimum wage under M.G.L. c. 151, § 1,
   where applicable.
4. For employees paid on a piece work or a fee-for-service basis, the same hourly rate means a reasonable calculation of the wages or fees the employee would have received for the piece work, service, or part thereof, if the employee had worked. Regardless of the basis used, the same hourly rate shall not be less than the effective minimum wage under M.G.L. c. 151, § 1, where applicable. The same hourly rate shall not include:
   1. sums paid as commissions, drawing accounts, bonuses, or other incentive pay based on sales or production.
   2. sums excluded under 29 U.S.C. § 207(e), including contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old-age, retirement, life, accident, or health insurance, and any other employee benefit plans.
   3. overtime, holiday pay, or other premium rates. However, where an employee’s regular hourly rate is a
      “differential rate,” meaning a different wage rate paid for the same work performed under differing conditions (e.g. a night shift), the “differential rate” is not a premium.

Applicability.

1. Any person who performs services for an employer for wage, remuneration, or other compensation, as further defined by M.G.L. c. 149, § 148B, including full time, part-time, seasonal, and temporary employees, except:
   1. Federal work study students.
   2. Students providing support services to residents of a residence hall, dormitory, apartment building, or other similar residence operated by the institution at which they are matriculated in exchange for a waiver or reduction of room, board, tuition or other education-related expenses; or
   3. Students exempt from Federal Insurance Contributions Act (FICA) tax pursuant to 26 U.S.C. § 3121(b)(10).1footnote
2. An employee is eligible to accrue, and use earned sick time if the employee’s primary place of work is in Massachusetts regardless of the location of the employer. An employee need not spend 50% or more time working in Massachusetts for a single employer in order for Massachusetts to be the employee’s primary place of work.
3. If an employee is eligible to accrue and use earned sick time, then all hours the employee works must be applied toward the accrual of earned sick time regardless of the location of the work and regardless of the location of the employer.

Specific Provisions Of The Policy

(A) Accrual of Earned Sick Time:

1. Accruals will be done at a rate of .0333 hours (2 minutes per hour worked) which equates to 1 hour of sick time earned for every 30 hours worked and will max out at 40 hours/year.2footnote
2. Employees accrue earned sick time only on hours worked, not on hours paid when not working. For example, employees do not accrue earned sick time during vacation, paid time off, or while using earned sick time.
3. Employees exempt from overtime requirements under 29 U.S.C. § 213(a)(1) shall be assumed to work 40 hours in each work week for purposes of earned sick time accrual unless their jobs specify a lower number of hours per week, such as salaried part-time employees. In such cases, earned sick time shall accrue based on that specified number of hours per week.
4. Employees paid on a piece work or fee-for-service basis accrue earned sick time based on a reasonable measure of the time the employees work, including established practices or billing. Adjunct faculty compensated on a fee- for-service or “per-course” basis shall be deemed to work 3 hours for each “classroom hour” worked
5. Once employees have accrued 40 hours of earned sick time during the benefit year, they do not continue to accrue more hours of earned sick time regardless of the additional hours they work.
6. Once an employee possesses a bank of 40 hours of unused earned sick time, the employer may opt to delay further accrual until the employee draws down the bank of earned sick time to below 40 hours.
7. At the end of the benefit year, an employee may rollover up to 40 hours of unused earned sick time to the next benefit year.

(B) Use of Earned Sick Time:

1. Employees have the right to use 40 hours of earned sick time per benefit year if the employee works sufficient hours to earn the time.
2. An employee may not use earned sick time if the employee is not scheduled to be at work during the period of use.
3. The smallest amount of sick time an employee can use is 15 minutes.3footnote
4. Earned sick time may not be invoked as an excuse to be late for work without an authorized purpose under M.G.L.c. 149, § 148C.
5. An employee may not accept a specific shift assignment with the intention of calling out sick for all or part of that shift.
6. Where an employee’s use of earned, sick time requires the manager to hire a replacement or call in another employee and the employer does so, the manager may require the employee to use an equal number of hours as the replacement or call-in employee works, up to a full shift of earned sick time. If the employee lacks sufficient accrued earned sick time to cover such time away from work, the manager must provide sufficient job-protected unpaid leave to make up the difference in that shift.
7. Where a manager does not hire a replacement or call in another employee but the employee’s use of earned
   sick time results in the employee missing transportation to a work site, the employer may require the
   employee to use earned sick time only until the employee arrives at the work site.
8. A manager shall not require an employee to make up time off from work as a condition of using earned sick
   time. An employee and employer may, however, by mutual agreement arrange for the employee to work
   additional hours during the same or next pay period to avoid the use of, and payment for earned sick time.4footnote
9. Managers and their fee-for-service employees may arrange to make up hours during the same pay period or
   any future pay period that is mutually agreeable.5footnote
10. If an employee is committing fraud or abuse by engaging in an activity that is not consistent with allowable
    purposes for earned sick time under M.G.L. c. 149, § 148C, a manager may discipline the employee for misuse
    of sick leave.
11. If an employee is exhibiting a clear pattern of taking leave on days just before or after a weekend, vacation,
    or holiday, a manager may discipline the employee for misuse of earned sick time, unless the employee
    provides verification of authorized use under M.G.L. c. 149, § 148C.

(C) Payment of Earned Sick Time:

1. Earned paid sick time is paid at the same hourly rate listed in 940 CMR 33.02. See “Regular Hourly Rate” and “Same
   Hourly Rate.”
2. When used, earned paid sick time must be paid on the same schedule as regular wages are paid. Employers may not
   delay compensating employees for earned paid sick time.

(D)Accruing and Using Time:

1. Employees may begin accruing sick time on the first date of actual work.
2. Employees may use earned sick time as it accrues.6footnote

(E) Break in Service:

1. Following a break in service of up to four months, an employee shall maintain the right to use any unused earned sick
   time accrued before the break in service.
2. Following a break in service of between four and 12 months, an employee shall maintain the right to use earned sick
   time accrued before the break in service if the employee’s unused bank of earned sick time equals or exceeds 10 hours.7footnote

Procedure

(A)Notice of Use of Earned Sick Time

1. Employees must notify their manager before they use earned sick time, except in an emergency.
   1. Earned sick time cannot be used as an excuse to be late for work without an authorized purpose under
      M.G.L. c. 149, § 148C.
   2. For foreseeable or pre-scheduled use of earned sick time, your department may have a written policy
      requiring up to seven days’ notice, except where the employee learns of the need to use earned sick time
      within a shorter period.
   3. Notice required for unforeseeable absences is what is reasonable under the circumstances, recognizing
      that there are certain situations such as accidents or sudden illness for which advance notice might be
      infeasible.
   4. For multi-day absences, your manager may require notification of the expected duration of the leave or, if
      unknown, then on a daily basis from the employee or the employee’s surrogate (e.g. spouse, adult family member or other responsible party), unless the circumstances make such notice unreasonable
2. Your manager may require employees to use reasonable notification systems the department creates, provided that the employees shall be allowed to communicate with the employer in a manner the employee customarily uses to communicate with the employer for absences or requesting leave.
3. An employee may provide notice without explicitly referencing the of M.G.L. c. 149, § 148C, or using the term “earned sick time” so long as the employer is on notice that the employee intends to use accrued time for a proper purpose.
4. Managers may seek verification of authorized use from a parent or guardian if they have reasonable suspicion that an employee, age 17 or under, is misusing earned sick time, unless verification would create a health and safety risk or hardship to the employee.

(B) Documentation of use of earned sick time

1. A manager may require written documentation for an employee’s use of earned sick time that:
   1. exceeds 24 consecutively scheduled work hours.
   2. exceeds 3 consecutive days on which the employee was scheduled to work.
   3. occurs within 2 weeks prior to an employee’s final scheduled day of work before termination of employment, except in the case of temporary employees (i.e. “temp workers”).
   4. occurs after 4 unforeseeable and undocumented absences within a 3-month period; or
   5. for employees aged 17 and under, occurs after 3 unforeseeable and undocumented absences within a 3-
      month period.
2. Written documentation that may be required includes:
   1. Written documentation signed by a health care provider indicating the need for the earned sick time taken; or
   2. With regard to indicating the need of leave related to domestic violence, any of the following:
      1. a restraining order or other documentation of equitable relief issued by a court of competent
         jurisdiction.
      2. a police record documenting the abuse.
      3. 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.
      4. medical documentation of the abuse.
      5. 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
      6. a signed written statement from the employee attesting to the abuse.
3. The employer may never require, as a condition of granting, using, or verifying earned sick time, that an employee
   provide documentation to explain the nature of the illness or the details of the domestic violence.
4. All evidence of domestic violence experienced by an employee, including the employee’s statement and
   corroborating evidence, shall not be disclosed by the employer unless written consent for disclosure is given by
   the employee at the time the evidence is provided.
5. Where documentation is required, employees who do not have health care coverage through a private insurer, the
   Massachusetts Healthcare Connector and related insurers, or an employer that provides health insurance to
   employees may provide a signed, written statement evidencing the need for the use of the earned sick time,
   without being required to explain the nature of the illness, in lieu of documentation by a health care provider.
   Documentation may be submitted to an employer in hand or by any reasonable method, including e-mail.
6. Employees must submit such documentation within 7 days after the taking of earned sick time for which such
   documentation is required, unless, for good cause shown, an employee requires more time to provide such
   documentation.
7. If an employee fails to comply without reasonable justification with the documentation requirements of the
   employer as described in 940 CMR 33.06, UMass may recoup the sum paid for earned sick time from future pay, as an overpayment. Employees must be put on notice of this practice.
8. If the employee fails to provide documentation for unpaid earned sick time, UMass may deny the future use of an
   equivalent number of hours of accrued earned sick time until documentation is provided but may not otherwise
   take adverse action.
9. Employers may require employees to personally verify in writing that they have used earned sick time for
   allowable purposes after using any amount of sick leave, provided that the employee shall not be required to
   explain the nature of the illness or the details of the domestic violence.8footnote
10. Public employers performing essential public health and safety functions may require employees making any use
    of earned sick time during severe weather events or other emergencies to provide written documentation from a
    medical provider substantiating its use and to follow additional notification procedures set forth by the employer. If an employee fails without cause to follow policies in such circumstances, an employer may discipline an
    employee for misuse of sick leave.
11. Health care providers may require employees making any use of earned sick time during local, state or federally declared emergencies to provide written documentation from a medical provider substantiating its use and to follow additional notification procedures set forth by the employer. If an employee fails without cause to follow policies in such circumstances, an employer may discipline an employee for misuse of sick leave.
12. A manager may require an employee to provide a fitness-for-duty certification, a work release, or other documentation from a medical provider before an employee returns to work after an absence during which earned sick time was used if such certification is customarily required and consistent with industry practice or state and federal safety requirements and reasonable safety concerns exist regarding the employee’s ability to perform duties. “Reasonable safety concerns” means a reasonable belief of significant risk of harm to the employee or others.

(C) Prohibition on Retaliation and Non-interference

1. UMass will not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under or in connection with this section, including, but not limited to, using the taking of earned sick time under M.G.L. c. 149, § 148C, as a negative factor in any employment action such as evaluation, promotion, disciplinary action, or termination, or otherwise subjecting an employee to discipline for the use of earned sick time under M.G.L. c. 149, § 148C.

2. UMass will not take any adverse action against an employee because the employee opposes practices which the employee reasonably believes to be in violation of M.G.L. c. 149, § 148C, or 940 CMR 33.08, or because the employee supports the exercise of rights of another employee under M.G.L. c. 149, § 148C. Exercising rights under M.G.L. c. 149, § 148C, shall include but not be limited to filing an action, or instituting or causing to be instituted any proceeding, under or related to M.G.L. c. 149, § 148C; providing or intending to provide any information in connection with any inquiry or proceeding relating to any right provided under M.G.L. c. 149, § 148C; or testifying or intending to testify in any inquiry or proceeding relating to any right provided under M.G.L. c. 149, § 148C, or 940 CMR 33.00.

   
   References

   Chapter 149 of the General Laws, §148C and 940 CMR 33.02
   Earned Sick Leave FAQ’s
   Sample form “Shift Change Request”
   Sample form “Fee for Service Change Hours Agreement” 
   Sample form “Employee Verification Regarding Use of Sick”
   Earned Sick Leave Notice to Employees
   Job Aid for Mass Sick Self Service
   Time reporting Job Aid for Mass
   Sick Timekeepers

• back to citation1

  When student employees are paying FICA taxes over the summer, they are considered Employees under the sick time law and should accrue sick time accordingly. This time can only be used while these students continue to pay FICA taxes. Once these students become FICA-exempt during the academic year, they may not use accrued time as they are no longer employees for the purposes of the sick time law.

• back to citation2

  The law reads: “Employers may track accrual at an accrual rate of one hour of earned sick time for 30 hours worked or any equivalent accrual rate with smaller increments of time (e.g. one minute of sick time per 30 minutes worked, two minutes of earned sick time per hour worked).”

• back to citation3

  The law reads: “The smallest amount of sick time an employee can use is one hour. For uses beyond one hour, employees may use earned sick time in hourly increments or in the smallest increment the employer’s payroll system uses to account for absences or use of other time.”

• back to citation4

  Please see attached form “Shift Change Request Form”

• back to citation5

  Please see attached form “Fee for Service Change Hours Agreement”

• back to citation6

  The law reads: “Employees begin accruing earned sick time on the first date of actual work and may begin to use any accrued earned sick time 90 days following their first dates of actual work, regardless of the number of days worked during the 90-day period.”

• back to citation7

  Being FICA-exempt would constitute a break in service for student employees under the regulations. For example, if a student employee had unused sick time of 10 hours or more, they can carry it over and use it during the next period they are paying FICA taxes, assuming the break is between 4 and 12 months. Any unused sick time less than 10 hours would be lost.

• back to citation8

  Please see attached form “Employee Verification Regarding Use of Sick”

Effective: 9/1/2015
Last Reviewed/Updated: New Policy

Reason for Policy

The Fee Waiver Policy will replace the current practice of freezing UMass curriculum/operating fees for
spouses and dependents at the 2008-2009 levels. This plan, which is effective Fall 2015 semester, does not
change the Board of Trustees System wide Tuition Waiver Policy for Higher Education currently in effect,
nor does it reduce any benefits employees are entitled to under any current collective bargaining
agreement. This policy also does not change curriculum /operating fee benefits that the campuses
currently have in place today for employees themselves who enroll in courses offered by the
University.

Please note that this policy will be revised when the university is allowed to retain in-state tuition
revenue beginning in the 2016-2017 school year. At that point, we will make changes to the specific
areas of the policy that may be affected by this new tuition retention reform. The value of this new
benefit will remain unchanged. However, how the cost of education is portrayed will be modified to
provide a more accurate reflection, which separates out tuition and the cost of core education from
fees paid on other ancillary services.

Definitions

“Dependents” or “Dependent child/children” shall mean any natural, adopted or step child who is claimed as a dependent on the eligible employee’s Federal Tax Return for the tax year immediately preceding enrollment. In addition, dependents must be under the age of 26 to be considered and remain eligible for this benefit and meet the IRS standards of dependency.

“Spouse” shall mean an individual legally married to a University employee.

“Applicable fees” for which this waiver applies are the University’s undergraduate Curriculum/Operating fees.

“Part-time” shall be defined as a regular schedule of at least half-time the normal number of hours for that position (but less than full –time). Individuals must be eligible for benefits under the terms of a collective bargaining agreement or personnel policies.

“Tuition retention” shall be defined as a provision in the FY16 state budget that was signed into law by Governor Baker on July 17, 2015. Tuition retention becomes effective beginning in the 2016-2017 school year. Under this new law, the University will essentially keep the tuition it collects from students who are residents of the state, rather than remit it to the state treasury.

Specific Provisions of the Policy

• This plan covers eligible full and part-time undergraduate students only who enroll at any of the UMass campuses, as described below.
• Spouses and Dependents of full-time benefited employees are eligible for a waiver in the semester following the completion of two years of full-time equivalent benefited service at any of the UMass Campuses or UMass System Office.
• Spouses and Dependents of Part-time benefited employees are eligible for a waiver in the semester following the completion of four years of part-time equivalent benefited service at any of the UMass Campuses or UMass System Office.
• Spouses and Dependents enrolled as full-time or part-time undergraduate students shall be eligible to have a maximum of fifty percent (50%) of the University’s curriculum/operating fees waived (the Applicable Fees).
• This benefit is available to the Dependents and Spouses of current Full and Part time benefited UMass employees only. Dependents and Spouses of benefited employees on unpaid leave (other than Military Leave, Workers’ Compensation and FMLA) are not eligible for this benefit.
• This benefit is in effect only for the period of time in which the employee is employed by the University. Should the employee resign, or is laid off, or otherwise separated from his/her position, the waiver shall be extended only through the semester in which the separation occurred. However, the Spouse and Dependent children of eligible retired employees will continue to be eligible for the benefit after retirement. If an eligible employee who has completed at least five (5) years of full-time equivalent service dies, the surviving Spouse and Dependent Children shall be eligible to enter and/or complete one (1) full undergraduate program of study or undergraduate degree program with the waiver.
• The current practice of adhering to the 2008-2009 fee waiver amount shall end with the Spring 2015 semester.

Other Benefits Not Impacted by This Policy

A. Curriculum/Operating Fees for UMass Employees

Curriculum/operating fee benefits that the campuses currently have in place today for UMass
employees themselves, who meet eligibility and admission requirements as defined by the campuses
and are enrolled in courses offered by the University, will remain in place.

B. Tuition Waivers for Courses at the University of Massachusetts

Tuition waivers for regularly scheduled courses excluding Continuing and Professional Education
courses, as defined by the campus, are as follows:

• Full-time benefited employees, their spouses, domestic partners (1) and unmarried dependent children (through age 25) meeting eligibility and admission requirements will receive a 100% tuition waiver per semester for regularly scheduled undergraduate and graduate courses (2) (3). Spouses, domestic partners and dependent children must pay all other applicable fees.
• Part-time benefited employees must be employed at least 50% (half) time. The waiver consists of up to seven tuition-free credits per semester for employees meeting eligibility and admission requirements.

Educational Programs Covered

Tuition waivers for University Employees may be granted for all undergraduate and graduate
programs at the University other than continuing education, as defined by the campus.

1. Domestic partners are eligible for tuition benefits under some bargaining unit agreements.
2. Regularly scheduled courses exclude Continuing and Professional Education courses, as defined by the campus.
3. Tuition waivers shall not be granted for the M.D. program at the UMass Medical School or
   for programs at the UMass School of Law.
4. Tuition waivers for graduate level courses are subject to applicable taxes.
5. An employee's effective date of employment must be prior to the first day of classes to be eligible.

Tuition waivers for Continuing and Professional Education courses, as defined by the campus

• For enrollment in any UMass non-state-supported course or program offered through continuing education, fifty percent (50%) tuition waiver shall apply.
• Tuition waiver shall apply to non-credit as well as credit bearing courses.

Limitations

1. Employees, their spouse, or dependent children receiving tuition waiver are responsible for the payment of all other educational costs, including fees (application, laboratory, etc.) books, and supplies.
2. Employees, their spouse, or dependent children must apply for admission and meet all admissions standards for the desired course/program.
3. Admission to all courses/programs in continuing education is on a space available basis. Further, each local campus administration reserves the right to cancel any continuing education course in which a minimum number of full tuition-paying students, as determined by the administration, have not enrolled.

C. Tuition Waivers for Courses at Other Massachusetts State Institutions of Higher Education

UMass employees are eligible for tuition waiver for courses offered at any Massachusetts Public Higher Education College.

• Full-time employees, their spouses and unmarried dependent children (through age 25) meeting eligibility and admission requirements will, after six (6) months of continuous service, receive 100% tuition waiver for regularly scheduled courses and 50% tuition waiver for Continuing Education courses.
• Part-time employees (employed at least 50% time, with at least six (6) months of full-time equivalent service), their spouses and unmarried dependent children (through age 25) are eligible for a 50% tuition waiver for regularly scheduled courses and a 25% waiver for Continuing Education courses.

Effective: Immediately
Responsible Office: Office of Human Resources
Last Reviewed/Updated: New
 

The University of Massachusetts, President’s Office strives to be a model community where all staff feel appreciated, respected, connected, valued and engaged with the larger life of the workplace and beyond. In creating a diverse and inclusive environment for all, the President’s Office provides safe, accessible, and convenient bathroom facilities. Members of the UMass President’s Office and guests may use the bathrooms that correspond to their sex or gender identity.

Establishes the guidance for implementation of the MA Domestic Violence Leave Law

Responsible Office: Office of Human Resources
Last Reviewed/Updated: NEW GUIDANCE

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, stepparent, 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, stepparent, child, stepchild, 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 Poster, 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.

Effective: 8/19/16
Responsible Office: Office of Human Resources
Last Reviewed/Updated: Revision to Ten Days of Paid Family Leave Policy

Introduction

In order to assist and support new parents with balancing work and family matters, the UMass President’s Office is providing Paid Parental Leave (PPL). These guidelines provide eligible employees with a period of paid time off for activities related to the care and well-being of their newborn or adopted child.

Definitions

Parent - An eligible parent is defined as a birth mother, spouse, domestic partner, or a new adoptive parent who is the primary caregiver. An individual that adopts a spouse’s or partner's child(ren) is not eligible for this benefit. 

Primary Caregiver - A primary caregiver is defined as someone who has primary responsibility for the care of a child through birth or adoption.

FMLA - Family Medical Leave Act of 1993 entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

MMLA - Mass Maternity Law Act (also known as Parental Leave) applies to all parents, men and women, whose employers have six or more employees. Under the law, parents are eligible for 8 weeks of unpaid leave per child 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.

Benefit

An eligible employee shall receive his/her salary for ten (10) days following the birth or adoption of a child.

The ten (10) days of paid parental leave granted under this section may be used on an intermittent basis over the twelve (12) months following the birth or adoption except that this leave may not be charged in increments of less than one (1) day. Where an eligible employee and his/her eligible spouse are both employees of the University, they shall jointly be entitled to a combined total of not more than ten (10) days paid under this provision. The amount of the benefit will be based upon current salary rate and determined by the full time equivalent (FTE) of the position. A "day" of parental leave is equal to a regularly scheduled day.

Eligibility

Employees that have been employed by the University for at least three (3) consecutive months are eligible for the Paid Parental Leave.

When employees have met the eligibility standards for FMLA and MMLA and request to use PPL, the leaves will run concurrently. PPL will be used to maintain the employee in paid status. PPL leave time directly reduces the employee's FMLA and MMLA balance, thereby reducing the amount of time the employee can be away from work for a serious health condition in a job-protected status. After the use of such PPL, if an employee has accrued personal time, sick time, or vacation time which he/she is eligible to use, he/she may use such leave. In any other instance, such leave will be without pay.

Employee Responsibility

When use of leave is anticipated, the employee must consult with his/her supervisor and provide written notice to the supervisor, division head and the Office of Human Resources as far in advance as possible. Ordinarily, in the case of a birth, this is no later than four months before the estimated due date. For other events, such as adoption, this is ordinarily 30 days’ advance notice when the leave is foreseeable.

An Eligible Employee must apply for FMLA by following the procedures outlined by Human Resources in the UMass President’s Office. 

An Eligible Employee will be required to furnish appropriate medical documentation for the birth of a child. If the Eligible Employee is eligible for FMLA or MMLA leave, the medical certification requirements will govern. The medical documentation will be completed and signed by the individual’s health care provider.

An Eligible Employee will be required to furnish appropriate adoption documentation, such as a letter from an adoption agency, or from the attorney in cases of private adoptions. 

An Eligible Employee must coordinate with supervisor/department head regarding workload during the absence.

Supervisor Responsibility

Ensure that the Office of Human Resources is notified of the impending leave.

Manage leave requests effectively to provide flexibility for individuals to use the leave when appropriate, while balancing remaining workloads within the department.

Policy Number: T10-088 
Functional Area: HUMAN RESOURCES
Brief Description: Revised Administrative Standards
Effective:April 16, 2019
Responsible Office: Senior Vice President for Administration and Finance & Treasurer
Last Reviewed/Updated: April 23, 2025

Reason for Policy: The purpose of this Policy is to establish the University’s commitment to providing a safe and secure environment that is supported by qualified employees for all of its students, faculty, staff, and residents to carry out the University's teaching, research, and public service missions.

I. Policy Statement.

The University of Massachusetts is committed to providing a safe and secure environment that is supported by qualified employees for all of its students, faculty, staff, and residents to carry out the University's teaching, research, and public service missions. As a condition of employment, the University will conduct appropriate background reviews for all new hires. This policy will be implemented in a manner consistent with the rights of privacy, equal opportunity, and academic freedom afforded to those who serve the University.

Administrative Standards for the University of Massachusetts Policy on Employee Background Checks 

(Doc. T10-088)

The following administrative standards are issued pursuant to the University of Massachusetts Policy on Employee Background Reviews (Doc. T10-088). Subject to these administrative standards, the Chancellors shall develop and promulgate detailed campus procedures for the conduct of employee background reviews. The below administrative standards are effective as of April, 16, 2019. They replace the previous standards which went into effect on September 9, 2016.

1. Types of Background Reviews

   1. New Hires

      As a condition of employment, every new hire at the University shall be subject to a
      Standard Background Review that includes the following:

      • Social Security Trace;
      • Criminal history search1footnote of the past seven years of residence including;
        • Statewide criminal record search (if available and comprehensive)2footnote;
        • If a comprehensive statewide criminal record repository is not available, county criminal record search;
        • International Search if a foreign address is uncovered within the last seven years;
        • Federal criminal record search;
        • National criminal record locator database.
      • State Sex Offender registry search;
      • National Sex Offender registry search;
      • Employment Verification of the last three employers; and
      • Education Verification of the highest level completed.

      New Hires include existing employees who transfer from one University campus to another.

      As required by position qualifications, a professional or trade license verification will also be conducted.

      In addition, the University may require as a condition of employment for candidate finalists for appropriate positions, as identified by each campus and/or as required by law or clinical placement requirements, such other background review search types including but not limited to financial history, credit, motor vehicle records, reference reviews, drug testing, debarred lists and/or certification verification.

   2. Rehires

      Individuals rehired by the University with a break in service of 364 days or less shall not be subject to a background review unless hired into a Protection of Minors covered position. (See below for Protection of Minors Background Reviews.)

      Individuals rehired by the University with a break in service between one (1) and two (2) years shall have a Rehire Background Review conducted that includes the following:

      • Social Security Trace;
      • Criminal history search of the past seven years of residence including;
        • Statewide criminal record search (if available and comprehensive);
        • If a comprehensive statewide criminal record repository is not available, county criminal record search;
        • International Search if a foreign address is uncovered within the last seven years;
        • Federal criminal record search;
        • National criminal record locator database;
      • State Sex Offender registry search;
      • National Sex Offender registry search; and
      • Other searches as may be applicable based on position.

      Individuals rehired by the University with a break in service of more than two (2) years shall have a Standard Background Review conducted as described above. 

      Note that layoff and recalls are subject to the Rehire Background Review and Standard Background Review as described above.

   3. Protection of Minors

      Positions including unsupervised contact with minors, who may or may not be enrolled as students of the University, such as cooperative programs, summer youth camps and athletes must have an iCORI conducted as part of the Standard Background Review. (See MGL Section 172H.)

      “Unsupervised” is defined as in the presence minors as described above in a confined room or work space without the presence of another adult; or being the presence outside the view of another adult within thirty (30) feet; Examples of these positions include but are not limited to Medical personnel, camp counselors, coaches, child and eldercare personnel. 

      Protection of Minors positions will have an Annual Protection of Minors Background Review. See CMR 430.090(C). Annual Protection of Minors Background Review includes at a minimum:

      • iCORI
      • Federal criminal record search;
      • State Sex Offender registry search;
      • National Sex Offender registry search; and
      • National criminal record locator database.

      Campuses may, at their discretion or as required by law, conduct additional annual search types in addition to above.

   4. Regulated Positions

      Positions regulated by federal, state, or local laws or regulations, including but not limited to positions with direct access to biological/biochemical agents and/or radiation labs and positions regulated by the Department of Transportation will have background reviews conducted in accordance with applicable laws and regulations. Periodic reinvestigations may also be conducted on regulated positions.

2. The successful finalist candidate for each position shall be required to complete a pre-employment form on which they attest that they understand that their employment is subject to the background reviews described above. In addition, each such candidate shall be required to indicate under penalties of perjury whether they have been convicted of a felony within the past seven years.
3. Campuses may, at their discretion, include a reference to the University's Policy on Employee Background Reviews in position advertising and descriptions.
4. Each campus shall identify the central administrative office(s) that will be authorized to request,
   review, and maintain security for background reviews.
5. The University utilizes a third party Consumer Reporting Agency to conduct background reviews (otherwise referred to as “consumer reports”) and is therefore subject to the obligations under the Fair Credit Reporting Act (FCRA) for background reviews.
6. Users of Consumer Reports are required to read and understand Exhibit A – Notice to Users of Consumer Reports: Your Obligations of Users Under the FCRA.
7. Campuses shall develop procedures under which candidates for employment may challenge and seek to correct inaccurate information contained in their consumer report.
8. Campuses, at their discretion, may utilize the third-party vendor administrative service for pre-adverse and adverse action notices. Refer to Exhibit B – FCRA Administration Program.
9. Campuses accessing Massachusetts Department of Criminal Justice Information Services (DCJIS) for Criminal Offender Record Information (iCORI), in Massachusetts directly or through the third-party vendor are subject to the regulations of the Massachusetts Department of Criminal Justice Information Services. Users of iCORI are subject to the DCJIS CORI Policy outlined in Exhibit C – CORI Policy.
10. Campuses shall develop procedures under which candidates for employment may challenge and seek to correct iCORI information contained in background reviews that they believe to be inaccurate.
11. Campuses, at their discretion, may utilize the third-party vendor’s administrative service for pre-adverse and adverse action notices.
12. All records of background reviews shall be kept separate from other personnel files, and access to the records shall be limited to certified University personnel responsible for the conduct and processing of such reviews.
13. Unless as otherwise required by federal or state law, determinations of suitability for employment shall be made consistent and in compliance with University policies and standards and applicable laws and regulations. Refer to Section VII in CORI Policy.
14. In addition, unless as otherwise required by federal or state law, prior to any adverse action, the University will conduct an individualized assessment of the iCORI results. Other relevant individualized evidence includes:
    • The facts or circumstances surrounding the offense or conduct;
    • The number of offenses for which the individual was convicted;
    • Evidence that the individual performed the same type of work, post-conviction, with the same or a different employer, with no known incidents of criminal conduct;
    • The length and consistency of employment history before and after the offense or conduct;
    • Rehabilitation efforts, e.g., education/training;
    • Employment or character references and any other information regarding fitness for the particular position;
    • Whether the individual is bonded under a federal, state, or local bonding program; and
    • When the offense occurred and whether the offender was a juvenile.
15. Whenever the University uses a consumer reporting agency (CRA) to conduct background reviews in accordance with these standards, the CRA will furnish an annual Service Organization Controls 2 Type II (SOC 2) report.
16. All contracts with executive search firms must include a provision requiring the search firm to conduct and document background checks that meet university and campus requirements. The completion of the same, along with a review of the results by the appropriate campus Human Resources officer, must be verified and documented as part of the selected candidate’s hiring process.
17. The above standards shall apply to all positions. A campus may establish procedures more stringent than those called for above and may, at its discretion or as required by law, require background reviews for other positions, including contractors, consultants, vendors or otherwise.
18. The President of the University, or designee, in consultation with General Counsel, shall have the authority to interpret and amend these standards.

• back to citation1

  Criminal searches include searching all names and addresses provided by the applicant as well as surfaced through the Social Security Trace.

• back to citation2

  By July 1, 2018, all campuses and the system office will be conducting iCORIs on all hires and rehires, as part of the Criminal History Search.

Effective: Immediately (updated 1-8-25)
Responsible Office: Office of Human Resources

I. Policy Statement

The University of Massachusetts President’s Office (“President’s Office”) prohibits unlawful discrimination, harassment, and retaliation against anyone based on religion, color, creed, race, marital status, veteran or military status, age, sex, (including sexual harassment), gender identity or expression, sexual orientation, national origin, ethnicity, disability, genetic information, or any other legally protected class, in education, admission, access to or treatment in, its programs, services, benefits, activities, and terms and conditions of employment at the President’s Office.

Inquiries

The Office of Human Resources, President’s Office is available to anyone, with respect to any questions and concerns about discrimination, harassment, or retaliation or the President’s Office Nondiscrimination and Harassment complaint procedures.

II. President's Office Policy on Non-Discrimination And Harassment

The President’s Office investigates complaints of discrimination pursuant to its Non-Discrimination and
Harassment policy, Doc. T16-040, (“Policy”), which provides the following terms:

1. Unlawful discrimination that is directed at a specific person or persons that subjects them to treatment that adversely affects their employment, application for employment, education, admissions, University benefits, programs, or activities, because of their religion or religious belief, color, race, marital status, veteran or military status, age, sex (including sexual harassment), gender identity or expression, sexual orientation, national origin, ethnicity, disability, genetic information, or any other legally protected class.
2. Harassment is conduct by a person or persons against another person or persons based upon their legally protected class that adversely has the effect of:
   1. unreasonably interfering with a person or person’s employment, educational benefits, academic grades or opportunities, or participation in University programs or activities; or
   2. unreasonably interfering with a person or person’s work or academic performance; or
   3. creating an intimidating, hostile, or offensive working or academic environment.
3. Sexual Harassment is unwelcome conduct of a sexual nature when:
   1. submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, education, or participation in University programs or activities; or
   2. submission to or rejection of such conduct by a person or persons is used as a basis for employment or educational decisions affecting such person or persons, or participation in University programs or activities; or
   3. such conduct unreasonably interferes with a person or person’s work or academic performance; interferes with or limits a person or person’s ability to participate in or benefit from a work or academic program or activity; or creates an intimidating, hostile, or offensive working or academic environment.
4. Retaliation is the interference through intimidation, including threats, coercion, or unlawful discrimination, with an individual’s right or privilege secured under the law [Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Massachusetts anti-discrimination laws, or other laws] or interfering with an individual’s right to make a complaint, testify, assist, or participate in any manner in an investigation, proceeding or hearing, or to intervene to prevent a violation of this policy.

III. Reason For Procedure and Guidelines

The University of Massachusetts President’s Office (“President’s Office”), prohibits unlawful discrimination, harassment (including sexual harassment), and retaliation in education, admissions, or access to, or treatment in its programs, services, benefits, activities, and all terms and conditions of employment at the University in accordance with state and federal laws as amended including Title IX, Title VII, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990 as Amended, Equal Pay Act of 1963, and the Massachusetts anti-discrimination law. These NonDiscrimination and Harassment procedures, (“Procedures”) provide a prompt and equitable mechanism through which the President’s Office may identify, respond to, and prevent incidents of discrimination, harassment, and retaliation in violation of the President’s Office’s Non-Discrimination and Harassment policy, Doc. T16-040 (“Policy”).

IV. Scope and Guidelines

The Office of Human Resources, President’s Office (“Human Resources”) investigates complaints of unlawful discrimination or harassment based on religion, color, creed, race, marital status, veteran or military status, age, sex, (including sexual harassment), gender identity or expression, sexual orientation, national origin, ethnicity, disability, genetic information, or any other legally protected class (collectively “Discrimination Claim”), in education, admission, access to or treatment in, its programs, services, benefits, activities, and terms and conditions of employment at the President’s Office and related retaliation. These procedures also address claims specific to sex discrimination, including sexual harassment, sexual violence such as rape, sexual assault, sexual battery and sexual coercion, (collectively “Sexual Violence”).

V. Applicability of These Procedures

Members of the President’s Office community including all, staff, visitors, volunteers, contractors, applicants for employment, and others participating in a President’s Office sponsored activity, or providing services to the President’s Office may bring a complaint of violation(s) of the University’s policy under these procedures. Allegations of Sexual Violence shall be subject to this Procedure, except where the respondent is a student/intern employee at the President’s Office, in which case, the procedure set forth under Section VI entitled “Complaint Resolution Procedures for Allegations Against Students” shall apply.

VI. Complaint Registration Procedures for Allegations Involving Students

Student/intern employees working at the President’s Office may bring a complaint of discrimination or harassment including Sexual Violence to the Office of Human Resources, President’s Office:

Contact:

John Dunlap, Chief Human Resources Officer
Office of Human Resources, President’s Office
One Beacon Street, 32nd Floor
Boston, MA 02108
774-528-0371
jdunlap@umassp.edu

Jacquie Kittler, Director of Employee and Labor Relations and Benefits, Title IX Coordinator
Office of Human Resources, President’s Office
50 Washington Street
Westborough, MA 01581
774-528-0381
jkittler@umassp.edu

These complaints of Sexual Violence and claims of domestic violence or dating violence (collectively “Relationship Violence”) or retaliation related to such claims where a student worker/intern working at the President’s Office is a complainant or respondent, will NOT be investigated by the President’s Office. These claims will be forwarded and investigated in accordance with the complaint procedures of the respective student’s campus provided below and working closely with the Office of Human Resources at the President’s Office.

VII. Filing a Complaint With the President's Office

The President’s Office will take steps to prevent discrimination, harassment, and retaliation; prevent the recurrence of such claims; and to remedy their discriminatory effects, as appropriate. The President’s Office reserves the right to promptly investigate Discrimination Claims of which the President’s Office has notice regardless of the cooperation of a complainant, or whether an actual complaint has been filed. In addition, the President’s Office may initiate an investigation into any apparent discrimination issue identified out of the investigation of a charge filed with it.

A violation of the Policy may result in disciplinary or other action. To the extent possible, while complying with state and federal laws and University policies, the President’s Office will protect the privacy of all parties involved in its handling of Discrimination Claims and retaliation in violation of the Policy. Retaliation is against the law and against the Policy. The President’s Office will take steps to prevent retaliation, and also take strong responsive action when it occurs. A concern of retaliation should be immediately reported and will be immediately investigated. Examples of behavior, which depending upon the facts, may be perceived as retaliatory because an employee filed a complaint, served as a witness, or assisted or participated in any manner in this Procedure, includes reprimanding an employee, willfully violating a “no-contact” order, excluding someone from employment-related activities or correspondence, giving a performance evaluation that is lower than it should be, engaging in verbal or physical abuse, increased scrutiny, spreading false rumors, or making an employee’s work more difficult.

The complainant is not required to pursue a Discrimination Claim through the President’s Office internal procedures before filing a complaint with a state or federal agency. In addition, if the complainant chooses to pursue the President’s Office’s internal procedures, the complainant is free to file a complaint with the appropriate state or federal agency at any point during the process. See section XI for a list of Reporting Agencies.

VIII. Reporting Process

The reporting of a Discrimination Claim or retaliation in violation of the Policy may be made by any individual, including staff, visitors, volunteers, contractors, applicants for employment, and others participating in a President’s Office sponsored activity, or providing services to the President’s Office who believes they have been subject to discrimination, harassment, sexual harassment, or retaliation in violation of the Policy. The person reporting an incident, may file a complaint with the Office of Human Resources, President’s Office.

Contact: John Dunlap, Chief Human Resources Officer
Office of Human Resources, President’s Office
One Beacon Street, 32nd Floor
Boston, MA 02108
774-528-0371
jdunlap@umassp.edu

Jacquie Kittler, Director of Employee and Labor Relations and Benefits, Title IX Coordinator
Office of Human Resources, President’s Office
50 Washington Street
Westborough, MA 01581
774-528-0381
jkittler@umassp.edu

Members of the President’s Office community are encouraged to report incidents of discrimination, harassment, or retaliation in violation of the Policy which they have noticed to a supervisor, or to the Office of Human Resources. Complaints or concerns that are reported to a manager or supervisor, concerning an act in violation of the Policy, or managers/supervisors observe or become aware of an act or violation of the Policy, shall be promptly referred to the Office of Human Resources, President’s Office. Employees who observe or become aware of Sexual Violence [or Sexual Violence or Relationship Violence of students] should promptly report this information to the Office of Human Resources, President’s Office.

Although verbal complaints will be acted upon, the President’s Office would prefer a written complaint to ensure a full and fair investigation of the allegation(s). Therefore, all complaints will be reduced to writing and signed by the complainant. It is the complainant’s responsibility to file a complaint (in writing or verbally) within the applicable time limit.

Complaint Contents 

All complaints must be submitted (or reduced to writing) on the forms provided by the President’s Office. The information may be provided verbally or in writing. If provided verbally the information will be reduced to writing using the attached Formal Complaint Form (see Appendix B). The complaint should at least include the following information:

• the name of the complainant;
• the specific nature of actions/behaviors leading to the allegation(s) made in the complaint;
• the date(s) and time (s) of the occurrence(s) of the event(s);
• a detailed description of the occurrence(s) of the event(s);
• the name(s) of the person(s) the complainant is alleges violated the Policy;
• the name(s) of other individual(s) who have knowledge of the occurrence(s) event(s) alleged forth in the complaint; and
• proposed remedies, however, the President’s Office, not the person bringing the concern/complaint, will determine appropriate remedies, but this information may be helpful in understanding the complaint.

Notices to Complainant and Respondent

Upon receipt of a complaint, the complainant will be provided with a notice of available options, including the right to file a complaint with the Reporting Agencies listed below, [including the complainant’s right to pursue a criminal complaint with a law enforcement agency for a Sexual Violence claim], pursuing the President’s Office Non-Discrimination and Harassment complaint procedures or pursuing more than one option at the same time; and the potential consequences of pursuing these options (i.e., possible temporary delay of the fact-finding aspect of the President’s Office investigation while the law enforcement agency is in the process of gathering evidence). As soon as reasonably possible, after the date of filing the complaint, the Office of Human Resources, President’s Office will notify the complainant of its receipt of the complaint. The respondent will be notified that a complaint has been filed, and will be provided with a summary of the Human Resources written report of the complaint, and given an opportunity to respond to the allegation(s). Appropriate managers and supervisors will be informed of the filing of a complaint on a need to know basis.

The President’s Office may also inform the complainant and respondent of any interim measures that may be put in place. Where a Sexual Violence claim is filed, the President’s Office will inform both the complainant and respondent of available remedies and resources on and off campus (such as the Employee Assistance Program (EAP), local rape crisis center, see Section XII, Confidential Counseling and Support Resources), and interim measures of protection that will be in instituted by the President’s
Office. Assistance will be available whether or not a formal complaint is contemplated. Human Resources shall also describe the penalties for filing a knowingly false report. To file a knowingly false report of discrimination is a violation of the Policy.

Confidentiality

All inquiries, complaints and investigations, including investigatory materials, witness statements, notes, etc., will be treated confidentially. Any information disclosed will be disclosed on a “need-to-know” basis. The designated investigator upon receipt of a complaint and during an investigation will attempt to limit the dissemination of information relating to the matter, to the extent permitted by applicable law; however, confidentiality, cannot be guaranteed. The complainant, respondent, witnesses, and other individuals involved in the informal or formal proceedings will be informed of the importance of maintaining confidentiality and the possible effects of disclosing any information concerning the complaint, investigatory documents, informal resolution, formal resolution, or findings.

Reporting Time Limit

Complaints of discrimination, harassment, and retaliatory action should be made to Jacquie Kittler, Director of Employee and Labor Relations Office as soon as possible following the alleged act(s). The longer a complainant waits before submitting a complaint, the more difficult it may be to pursue a resolution. A complaint must be filed within 300 calendar days following the alleged discriminatory, harassing, or retaliatory act, or the date on which the complainant first knew or reasonably should have known of such act. If a complaint is submitted beyond the 300 calendar days, the decision as to whether or not the complaint may be submitted for investigation will be at the sole discretion of the Office of Human Resources, President’s Office. Members of the Office of Human Resources, President’s Office are available to assist in preparing a complaint. process confidential. The presence or involvement of legal counsel is not permitted at any time during any of the procedures or processes provided in these Procedures.

Support Person

The complainant and respondent may have a support person present during the proceedings. The support person shall not be a part of the proceedings [or have any involvement with the proceedings] and may not participate in any way with the proceedings. Support persons are expected and encouraged to keep information related to the complaint, investigatory, and any appeal process confidential. The presence or involvement of legal counsel is not permitted at any time during any of the procedures or processes provided in these Procedures.

Interim Measures

Interim measures which are designed to support and protect the complainant and the respondent or the President’s Office community may be considered or implemented at any time during the complaint, investigation or any appeal process, including during a request for information or advice, informal resolution, or a formal complaint proceeding. Interim measures may include; but, not be limited to: paid administrative leave, restrictions on contact; work-schedule alteration; or changes in work locations. These interim measures are subject to review and revision throughout the processes described within these procedures.

IX. Informal/Formal Complaint Procedures

The President’s Office strongly encourages all persons to report any claims of discrimination, harassment, and retaliation so that these may be investigated. When a complaint is filed, the complainant may have a choice of requesting either an informal or formal hearing process. It is expected that most complaints will begin with the Informal Complaint Procedure. However, the President’s Office will review each complaint to determine whether the informal process is appropriate. Complaints of Sexual Violence and retaliation arising from such claims will not be resolved by using mediation. The complainant will not be required to resolve the problem directly with the respondent in cases of Sexual Violence.

Duty to Cooperate

Members of the President’s Office community have a duty to cooperate in the investigatory process. Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this Procedure, is strictly prohibited and may result in disciplinary action.

Preponderance of the Evidence

The standard of evidence used in the investigation shall be a preponderance of the evidence, which asks whether it is “more likely than not” that the discriminatory, harassing, or retaliatory act violated the Policy. If the evidence presented meets this standard, then the respondent should be found responsible.

Filing a false charge is a serious offense

If an investigation reveals that a person knowingly filed false charges, the President’s Office may take appropriate actions and issue sanctions, up to and including termination. The imposition of such sanctions does not constitute retaliation under the Policy/Guidelines.

A. Informal Complaint Procedure.

• Within two (2) working days of receiving a complaint, the Office of Human Resources will send the complainant via University email, an acknowledgment of Human Resources receipt of the Complaint and inform the complainant, and when necessary, the respondent of any preliminary steps that have been taken.
• The Office of Human Resources will review the allegations of the complaint and schedule a preliminary interview with the complainant to discuss the allegations. Where the complaint is verbal, in addition to discussing the allegations, the Office of Human Resources will assist the complaint in reducing the verbal allegations to writing.
• During the interview with the complainant, the Office of Human Resources will provide the complainant with a copy of the President’s Office Non-Discrimination and Harassment Complaint Procedures; inform the complainant of any available rights (to both complainant and respondent), including the right to file a complaint with any Reporting Agency; if interim measures are necessary, possible courses of action that may be taken, and the availability of confidential counseling and support resources outlined under Section XII.
• The Office of Human Resources will schedule a preliminary interview with the respondent, explaining the charges and possible remedies. The Office of Human Resources will provide the respondent with a copy of the President’s Office Non-Discrimination and Harassment Complaint Procedures and inform the respondent of any available rights.
• If an informal resolution is determined by the President’s Office to be appropriate, the Investigator will attempt to assist in finding a mutually acceptable resolution. A resolution will be deemed satisfactorily resolved when both the complainant and respondent expressly agree in writing to an outcome that is also acceptable to the President’s Office Human Resources.
• At any time prior to an informal resolution, either the complainant or the respondent may withdraw the request for an informal resolution and initiate a formal complaint under these Procedures. If the President’s Office is unable to resolve the complaint to the mutual satisfaction of the complainant and respondent within 60 (sixty) calendar days from the filing of the complaint, the President’s Office shall notify the complainant and respondent in writing that the complaint will proceed under the Formal Complaint Process.
• If either the complainant or the respondent refuse to follow the Informal Complaint Process, then the complaint will move to the Formal Complaint Process. In addition, the Office of Human Resources, representing the President’s Office, in an apparent violation of the Policy, may initiate the Formal Complaint Process even if the complainant chooses not to continue the complaint process.

B. Formal Complaint Procedure

• The Formal Complaint Process may be requested by either party. The President’s Office may also determine upon initial receipt of a complaint that the Formal Complaint Process is appropriate.
• The Office of Human Resources will provide the complainant and the respondent with a copy of the President’s Office Non-Discrimination and Harassment Complaint Procedures and inform the complainant of the right to file a complaint with any Reporting Agency.
• The complainant will be informed of any available rights, any interim measures available, possible courses of action that may be taken, and the availability of employee services. If the claim involves Sexual Violence, the complainant will also be informed of: (a) their right to pursue a criminal complaint with a law enforcement agency; and (b) available remedies and resources on and off campus (such as counseling, local rape crisis center).
• If someone other than the individual against whom the violation was alleged to have occurred reports the concern, the Associate Vice President for Human Resources Planning and Assessment will inform the party against whom the violation allegedly occurred and ask whether they wish to file a complaint.
• Confidentiality will be kept to the extent possible while complying with the requirements of state and federal law. While information is only provided on a need-to-know basis, confidentiality cannot be ensured.
• Immediate safety measures or interim measures may be taken after a concern or complaint is received, even prior to the completion of the formal inquiry. Such interim measures may include changes of work locations; temporary leave; “no contact” orders and/or other measures.
• Neutral trained investigators from Human Resources will assess the reported facts and may conduct preliminary interviews to determine whether the allegations, if true, could constitute a violation of the Policy/ Guidelines. If it is possible that there was a violation, the formal procedure will proceed. If not, the complaint will be closed and the complainant and respondent will be informed of the closure, with no further action.
• Under circumstances where the President’s Office deems it necessary or appropriate, the President’s Office may also appoint an external investigator.

X. Investigative Process

The investigative process is designed to provide a fair and reliable determination about whether the Board of Trustee’s Policy or President’s Office Guidelines have been violated. If so, the President’s Office will implement a prompt and effective remedy designed to end the violation, prevent its recurrence and address its effects.

The individual reporting the concern should provide all known information as stated in Section VIII, Reporting Process.

Each party and witness to the concern will be required to meet (separately) in person with two investigators, one who will guide the interview and one who will take notes. They will be given the opportunity to respond to the allegation(s), to provide names and contact information of witnesses, and to provide documentary evidence in support of his/her account. The evidence must be provided as quickly as possible. Notes of accounts given, and all documentation are confidentially kept in the Office of Human Resources; no copies will be provided to parties or witnesses.

Both parties (complainant and respondent) interviewed may be given notice of the complaint prior to, or at the time of, the interview.

Witnesses will be interviewed, and the investigators will inquire further as needed, at their discretion.

During the course of the inquiry, both parties will be provided with periodic status updates.

After reviewing the accounts, documentation, and any other relevant facts, a determination will be made based on the Preponderance of the Evidence. Accordingly, the Investigator must find that it is more likely than not that the respondent violated University policy(ies). The findings of the inquiry will be provided to both parties in writing, concurrently, to the extent possible.

Resolution and Remedies

The investigation of a claim will be completed within sixty (60) working days from the date the respondent is notified of the complaint. The Office of Human Resources may extend the investigation at its discretion, and both the complainant and respondent will be informed in writing of any extension. Any extension beyond the 60 days will be based on good cause and accompanied by an explanation for the delay.

If the final status of the inquiry is that there has been a violation of the Policy, the Office of Human Resources will recommend and confer with the appropriate President’s Office administrators to implement prompt and effective steps to end the prohibited behavior, prevent its recurrence, and address its effects. This may include appropriate disciplinary actions, which may include formal intervention, including counseling and/or training, disciplinary action up to an including termination, or any other such appropriate action as may be recommended. The Office of Human Resources may also make a recommendation upon not finding a violation of Policy.

While the Office of Human Resources may make recommendations on sanctions, they are not imposed or enforced by Human Resources. All sanctions are determined by the Department Head and Vice President of that department.

Following the Formal Complaint Process, the Office of Human Resources shall issue a detailed finding report as to the investigative findings ("Investigative Finding Report") to the respondent’s supervisor if deemed necessary and appropriate Senior/Vice President of that department.

The appropriate Senior/Vice President in consultation with Human Resources will within ten (10) working days of receiving the investigative findings from the Office of Human Resources accept, reject, or modify the recommendation.

The Office of Human Resources, the supervisor or appropriate superior shall notify the respondent and the complainant in writing within at least fifteen (15) working days of receiving the final recommendations as to the discipline, if applicable, to be imposed along with a summary of the investigative findings (“Summary Investigative Finding Report”), which will be sent to both the complainant and respondent contemporaneously. While privacy considerations limit the ability to share confidential information about other employees, the Summary Investigative Finding Report shall include the nature of the complaint, whether there were any policy violations, and the corrective measures that may be implemented.

The Investigative Findings Report or the Summary Investigative Finding Report shall not be placed in
the complainant's or respondent's personnel file. However, if disciplinary action is taken a letter
describing the disciplinary action may be placed in the appropriate personnel file, containing only such
information as necessary (and not including the identity of the complainant).

Due Process

Employees shall have the right to appeal a decision prior to disciplinary action such as termination, probation or suspension, for inappropriate behaviors or acts committed by the employee. Any individual who is aggrieved by disciplinary action imposed as a result of an investigation may within 10 working days of the imposition of the action a written appeal to the President or his/her designee. The President or their designee will review the results of the investigation, the decisions, and the discipline imposed and will make a final decision regarding the appeal.

Record Retention

All materials relative to an informal resolution or formal investigation shall be confidential and shall be maintained by the Office of Human Resources for a period of six (7) years. Records held by the Office of Human Resources may be subject to judicial subpoena.

XI. Reporting Agencies

Massachusetts Commission Against Discrimination (MCAD)

The MCAD, a state agency, monitors discrimination in the areas of housing, employment, loans,
and educational opportunities. Any person claiming to be aggrieved by an alleged unlawful
practice may file a complaint with this agency. The offices to contact are:

Springfield Office:

436 Dwight Street, Suite 220
Springfield, MA 01103
(413) 739-2145

Boston Office:

One Ashburton Place, Room 601
Boston, MA 02108
(617) 994-6000
TTY (617) 994-6196

Worcester Office:

18 Chestnut Street, Room 520
Worcester, MA 01608
Phone: (508) 453-9630

Office of Federal Contract Compliance Programs (OFCCP)/ Department of Labor

This federal agency monitors discrimination in employment and in educational institutions
(including hiring, upgrading, salaries, fringe benefits, training, and other conditions of
employment) on the basis of race, color, religion, national origin, or sex. The local office to
contact is:

Office of Federal Contract Compliance Programs- Boston District Office

25 New Sudbury St
Room E-235
Boston, MA 02203
(617) 624-6780

Equal Employment Opportunity Commission (EEOC)

The EEOC monitors discrimination in employment under Title VII which prohibits discrimination in employment (including hiring, upgrading, salaries, fringe benefits, training, and other conditions of employment) on the basis of race, color, religion, national origin or sex.

The local office to contact is:

U.S. Equal Employment Opportunity Commission
JFK Federal Building
15 New Sudbury Street, Room 475
Boston, MA 02203-0506 (800) 669-4000

Office for Civil Rights (OCR)/U.S. Department of Health and Human Services

The OCR monitors: 1) Title IX, which specifies prohibitions against discrimination on the basis
of sex in educational programs; 2) the Rehabilitation Act of 1973, which prohibits
discrimination based on handicap in areas related to employment, program accessibility, and
student programs. Anyone who has a complaint relating to sex discrimination or discrimination
based on personal impairment may contact:

Boston Office
Office for Civil Rights
US Department of Education
9th Floor
5 Post Office Square
Boston, MA 02109-3921
617-289-0111

XII. Confidential Counseling And Support Resources

ComPsych-Employee Assistance Program (EAP)

ComPsych is a provider of GuidanceResource services. Your GuidanceResources benefits will give you and your dependents confidential support, resources and information for personal and work-life issues. These services are provided at no charge to employees of the President's Office.

Call 844.393.4983. You'll speak to a counseling professional who will listen to your concerns and can guide you to the appropriate services you require.

Westborough Police

45 W Main St, 
Westborough, MA 01581 
Phone: 508-366-3060

RAINN

Among its programs, RAINN created and operates the National Sexual Assault Hotline at 800.656.HOPE(4673). This nationwide partnership of more than 1,100 local rape treatment hotlines provides victims of sexual assault with free, confidential services around the clock.

RAINN also offers an Online Hotline, a secure web-based hotline that provides live and
completely confidential help to victims through an interface as intuitive as instant messaging.

Rape Crisis Centers

Central Mass:

• Worcester, 800-870-5905 Hotline, 508-852-7600, TTY: (888) 887-7130
• Wayside Victim Services, Milford 800-511-5070 Hotline, 508-478-4205
• Voices Against Violence- Framingham, 800-593-1125, Hotline (TTY) 508-626-8686

Greater Boston:

• Boston Area Rape Crisis Center, Cambridge 800-841-8371, TTY: (617) 492-6434

Western Mass:

• Elizabeth Freeman Center, Pittsfield, 413-499-2425, Hotline (TTY) 866-401-2425
• Center for Women & Community (CWC), Amherst, 413-545-0883, Hotline 413-545-0800

Accommodation Requests

An employee or applicant with a disability seeking a reasonable accommodation should contact Katie Temple, Senior Benefits Generalist, ktemple@umassp.edu or 774-528-0369.

As the above contact information may be subject to change, current contact information on rape
crisis centers in Massachusetts can be found on the Mass.gov Rape Crisis Centers page. 

Effective: Immediately
Responsible Office: Human Resources

I. Reason

The purpose of these guidelines is to identify workplace, organizational or human resources factors that have
contributed to an employee's decision to leave employment; to enable the University to identify any trends
requiring attention or any opportunities for improving the University's ability to respond to employee issues; and
to allow the University to improve and continue to develop recruitment and retention strategies aimed at
addressing these issues. These guidelines cover the procedures adopted when members of the University leave
employment for whatever reason.

II. Scope

These guidelines apply to all UMSO departments and all benefitted employees. The Office of Human Resources will conduct exit interviews with employees, once the employee-confirmed departure date is determined.

III. Procedure

The designated human resources representative will contact the employee in writing, inviting him/her to attend an exit interview at a mutually convenient time. The exit interview should take place as soon as possible after the Office of Human Resources has received the confirmed departure date. The employee will be asked a standard set of questions and given a chance to discuss any concerns they feel would be beneficial for the University to know about their employment experience at the President’s Office. If an employee chooses not to participate in an exit interview, he/she will be encouraged to complete an Exit Interview Questionnaire.

IV. Voluntary Participation And Confidentiality

Employees are responsible for participating in the exit interview process on a voluntary basis. If an employee
chooses to participate in an exit interview, he/she will be encouraged to be honest, candid, and constructive in
his/her responses. The information received through exit interviews will be kept in a confidential manner and only shared on a need to know basis.

V. Reporting

The information will be analyzed regularly by the Office of Human Resources to identify areas or determine trends that need be addressed. Periodically, the Office of Human Resources will share their analysis and recommendations with designated members of the staff and/or management team.

• The analysis and review will include the following:
  appropriate statistical information regarding the number and distribution of employee departures during
  the preceding year and her/his reasons for leaving;
• an analysis and discussion of any trends or common themes which are suggested by the exit interview
  feedback;
• a summary of any actions or interventions taken during the year on the basis of exit interview information;
  and
• any actions the Department feels are required in order to address any concerns or opportunities which are
  identified through exit interview feedback.

VI. Related Documents

• Exit Questionnaire
• Exit Checklist

Hours of Work/Payable Time for Non-Exempt Staff

*Note: This guidance offers general information about hours of work/payable time for non-exempt staff under the Fair Labor Standards Act (FLSA) and M.G.L. c. 151. It is not a comprehensive treatise of the FLSA or any other federal or state law or regulation. For more information, contact the campus or system Human Resources Department or the Office of the General Counsel.

I. Introduction

Non-exempt staff must generally be paid overtime (at least one and one-half times the regular rate of pay) for all payable work time in excess of forty hours in a workweek.1footnote  Massachusetts law also requires overtime pay to state employees for work in excess of eight hours in a workday (subject to other arrangements made pursuant to a collective bargaining agreement). See, M.G.L. c.149, §30B2footnote. Therefore, it is important to understand when a non-exempt staff member’s time is payable, or, in other words, when he or she is “working.”

NOTE: The information below describes the rules in the absence of a collective bargaining agreement. For example, although as described more fully in ¶ III(A), below, certain on-call time may not be payable, a collective bargaining agreement may provide for on-call pay or other compensation arrangement.

II. Generally

Non-exempt staff must be paid for all hours of work for which they are “employed,” whether “suffered or permitted” by the employer. 29 CFR § 825.105(a)3footnote.  It is not necessary for the work to be specifically assigned by a supervisor. Mere knowledge by the employer that the work was done is sufficient to create the necessary employment relationship to render the time “hours of work” and payable.4footnote

The Department of Labor has stated that, even if an employee volunteers to stay late to finish up a project or to even to correct his or her own mistakes, the time is payable. 29 CFR § 785.11; see also, Fact Sheet #22: Hours of Work under the Fair Labor Standards Act (FLSA). Note that where the work occurs is irrelevant to the analysis (see, ¶ III(F), below for a
discussion about work at home). See, 29 CFR § 785.12.

Even if there is a written work rule prohibiting non-exempt employees from working beyond their scheduled hours, an employer must “make every effort” to enforce the rule. 29 CFR § 785.13. That may include disciplining an employee for working too much (but note that, even if the employee is disciplined, he/she must be paid for the time worked).

III. Specific Issues

A. Wait Time

Whether an employee’s time is payable while waiting depends on whether the employee is “engaged to wait” or “waiting to be engaged.” The distinction primarily rests upon the length of time and whether the employee is able to use the time effectively for his or her own purposes.

On duty. Employees are always working when they “on duty.” Being on duty generally means that time
belongs to and is controlled by the employer (that the employee is unable to use the time effectively for his or her their own purposes). For example, an employee who is regularly scheduled to work from 8:30 AM to 5:00PM is on duty during that time; with the possible exception of an unpaid meal period (see, ¶ III(B), below) all time between 8:30 AM and 5:00 PM is payable--even if the employee engages  in amusements while waiting to begin or complete an assignment (e.g. reading a book while waiting for a machine to be repaired). In that sense, the employee is “engaged to wait.”5footnote See, 29 CFR 785.15.

Off Duty. When an employee is completely relieved of all responsibility for long enough periods to permit the employee to use the time effectively for his or her their own purposes, employee is “waiting to be engaged,” and, therefore, the time is not time worked and is not payable—even if the employer places some restrictions on the employee. See, 29 CFR § 785.16. In one case, the Wage and Hour Division determined that an employee was free to engage in personal activities, even though he was required to be reachable, refrain from alcohol, and able to report to work with an hour. Therefore, in that case the time the employee was “on-call” was not payable. See, Wage and Hour Division Opinion Letter, FLSA2008-14NA (2008). However, when the restrictions or number of calls sufficiently interferes with an employee’s use of time, the on-call period may be deemed payable.

Note that, even if it is not possible for the employee to return home while he or she is “waiting to be engaged,” the time may not be payable—as long as the employee is completely free to use the time effectively for his or her their own purposes. See, 29 CFR § 785.16(b); see also, ¶ III(G), below.

B. Rest and Meal Periods

Breaks. Rest periods generally shorter than 20 minutes are payable. See, 29 CFR § 785.18.

Lunch and Other Meals. Generally, a break of 30 minutes or more need not be payable—as long as the employee is completely relived of his or her duties.6footnote If the employee is required or even just permitted to perform work (whether active or inactive) that predominantly benefits the employer, the time is payable. See, 29 CFR § 785.19. For example, an administrative assistant who eats lunch at his or her desk and occasionally answers the department telephone or directs visitors is working—even if the telephone rings very sporadically or rarely (as long as there is an expectation that when it does ring, it will be answered). But note that an employer need not allow the employee to leave the premises—as long as the employee is otherwise completely relieved of all duties. See, 29 CFR § 785.19(b). However, even if an employee is generally completely relieved of all duties, he or she must be paid for any work actually performed during the otherwise unpaid meal period. For example, if a nurse who is generally granted a thirty-minute unpaid meal period is called to the Health Services Department to deal with an emergency, he or she must be paid for any such time. Further, if such calls are sufficiently frequent, the employer may be required to pay the nurse for the entire meal period.

C. Sleep

Sleeping While on a Tour of Duty of Less than 24 Hours. When an employee is assigned to a tour of duty for a period of less than 24 hours, sleep time is payable (whether or not the employer furnishes sleeping facilities). For example, a snow plow driver is permitted to sleep for a couple of hours during a long snow event. See, 29 CFR § 785.21.

Sleeping While on a Tour of Duty of at Least 24 Hours. An employee who is assigned to a tour of duty of at least 24 hours, may, under certain circumstances, agree to an unpaid rest periods of no longer than 8 hours.7footnote  See, 29 CFR § 785.22.

When the Employee Resides on the Employer’s Premises. The Department of Labor recognizes that an employee (like a residence director) who lives on the employer’s premises is not working all the time that he or she is on the premises. Because there are periods for “eating, sleeping, entertaining, and other periods of complete freedom from all duties when he may leave the premises for purposes of his own,” the Department of Labor will accept any reasonable agreement concerning hours of work—as long as the agreement considers all of the pertinent facts.8footnote See, 29 CFR 785.23.
 

D. Before and After Work Activities

Work that is “integral” to the principal activity is payable. Such work could include rollcall or other shiftchange discussions or activities, setup or breakdown work, changing into or out of protective clothing,9footnote or cleaning up a workspace (and even, in some cases, allowing an employee to shower). See, 29 CFR 785.24.

E. Training Programs

Time spent in training is generally payable, unless (all four conditions must be met):

1. Attendance is outside of the employee's regular working hours;

2. Attendance is voluntary;

   NOTE: Any suggestion that the employee’s “present working conditions or the continuance of his [or her] employment would be adversely affected by nonattendance,” may render attendance involuntary. See, 29 CFR 785.28.

3. The course, lecture, or meeting is not directly related to the employee's job;

   NOTE: Training that would tend to make an employee better at his or her present job will generally be considered “related to the employee’s job” as opposed to training that it intended to prepare an employee for advancement to a new job (even if such training would also “incidentally” make the employee better at his or her present job). See, 29 CFR 785.29. However, note that if an employee voluntarily attends an independent school, college or trade school (not associated with the employer), the hours of attendance need not be counted as hours worked—even if such “independent” training is directly related to his or her job. See, 29 CFR 785.30; see also 29 CFR 785.31 (an employer benefit like tuition reimbursement does not render such voluntary attendance at an independent school, college, or trade school compensable).

4. The employee does not perform any productive work during such attendance.

   See generally, 29 CFR 785.27.

F. Work at Home

Work at home is payable under all of the same rules as work away from home. However there are special problems that can arise. First, the “suffer or permit” rule applies to all non-exempt employees—regardless of their location. If an employer knows or has reason to know that an employee is performing work for the benefit of the employer, the time is payable. See generally, ¶ II, above (work performed at home during an employee’s off hours to catch up on late work or to correct mistakes is payable—as long as the employer knows or has reason to know that the work was being performed).

Technology. Technology has permitted employees to work from anywhere at anytime. Sending a non-exempt employee an email during his or her off hours may result in an expectation of an immediate response. If so, the time spent to read the email and to compose a response—including researching the response and waiting for others to provide information to formulate a response—may be payable. See, ¶ III(A), above concerning wait time. To avoid overtime, supervisors should avoid after-hours email or note that any response is not due until the next regular work day.
 

G. Travel

To or From Work. Under the principles of the Portal-to-Portal Act of 1947, generally the time an employee spends commuting to work is not payable. See, 29 CFR § 785.35. However, if an employee spends the commute on the telephone with the employer—for example, troubleshooting a problem or getting an assignment to begin as soon as the employee arrives, the time is payable. Similarly, detours on behalf of the employer (e.g. to pick up supplies on the way to work) may be payable if not de minimis.

To and From a One-Day Temporary Work Location. When an employee travels to and from a one-day temporary work location, all travel time in excess of the typical commute is payable.10footnote See, 29 CFR § 785.37. For example, a non-exempt employee who is scheduled to work 8:30 AM to 5:00 PM and typically commutes 30 minutes to and from the Dartmouth campus, attends a meeting at the Amherst campus. That day, the employee leaves home at 6:30 AM and arrives at Amherst at 9:00 AM. The employee leaves Amherst at 3:00 PM and, because the traffic is heavy, arrives back home at 6:00 PM. The employee’s payable time for that day is from 6:30 AM until 6:00 PM, less an allowance of one hour (plus any unpaid meal break).11footnote  However, if the employee makes more than a de minimis detour for his or her own purposes, the payable time ends. For example, if while returning from Amherst, the above employee decides to meet a friend for dinner in Worcester at 4:30 PM, the payable time ends.

While on Duty. Travel that occurs during an employee’s regularly scheduled tour of duty is payable. See, 29 CFR § 785.38. For example, a non-exempt employee who is scheduled to work 7:00 AM to 3:00 PM leaves the campus at 8:30 AM to travel to a supplier to pick-up a part. The employee returns at 10:00 AM. The employee’s payable time for that day is her regular 7:00 AM to 3:00 PM shift—even if the employee is only a passenger in the vehicle.12footnote

Overnight Travel to another City.

1. Travel that occurs during an employee’s regularly scheduled work hours is payable—even if such travel occurs on an employee’s typical day off. For example, an employee who is regularly scheduled to work Monday-Friday, 8:30 AM to 5:00 PM is required to take a train to New York City on Sunday to be at a meeting on Monday morning. The employee leaves his/her house at 10:00 AM, arrives at the train station at 11:00 AM and is on the train from 12:00 PM until 4:00 PM. Because all of the travel hours are during the employee’s regularly scheduled work hours, all of the time traveling is payable—without deductions for meal periods.

   NOTE: If an employee is offered public transportation but instead (with permission) uses his or her own vehicle, the employer may count as payable time either: 1) the time spent driving; or 2) the time that would have been spent if the travel was by public transportation. For example, an employee travels to New York City and, rather than take a one-hour flight, prefers to take his or own car (which takes four hours). The employer may choose to pay for only the one hour that it would have taken if the employee had flown. See, 29 CFR § 785.40.

2. Travel that occurs outside of an employee’s regularly scheduled work hours is not payable, unless the employee performs work on behalf of the employer while traveling.
3. The typical rules for payable time apply when an employee is in another city. For example, an employee who is regularly scheduled to work 8:30 AM to 5:00 PM travels to New York City on Day 1 (see above) and stays the night in a hotel. Once the employee reaches the hotel (or if the travel occurred on a regularly scheduled work day, 5:00 PM) and is completely released from all responsibilities, the time is not payable.13footnote  On Day 2 (a regularly scheduled work day), the employee attends a meeting from 10:00 AM to 4:00 PM, and returns to the hotel. The employee’s entire regularly scheduled work day is payable, but the time at the hotel after 5:00 PM is not payable—as long as the employee is completely released from all responsibilities. See generally, 29 CFR § 785.39.

H. Compensatory “Comp” Time

As a state agency, under certain circumstances and within certain limits, the University may award non-exempt employees compensatory “comp” time in lieu of overtime for payable work in excess of forty hours in a workweek. See generally, 29 U.S.C. § 207(O).

The comp time arrangement must either be pursuant to a collective bargaining agreement or individually agreed to by both the employee and the employer: in the absence of a specific provision in a collective bargaining agreement, neither the employer nor the employee can require compensatory time. See, 29 CFR 553.23; 29 CFR 553.26.

Compensatory time must be awarded at the same rate as overtime. See, 29 CFR 553.20. For example, if a nonexempt employee works 45 hours in a workweek and, pursuant to 29 CFR 553.23, the employer and the employee agree that the employee will be awarded compensatory time in lieu of overtime pay, the amount of compensatory time awarded is 7.5 hours (5 hours x 1.5).

Compensatory time balances cannot exceed 240 hours (480 hours for certain public safety, emergency, or seasonal work). 29 U.S.C. § 207(O)(3)(A). See also, 29 CFR 553.24.

Although an employer may limit an employee’s use of compensatory time to a “reasonable period” following the award, the compensatory time does not expire. Rather, the employer, after a reasonable time may pay the compensatory time as a cash payment. See, 29 CFR 553.27; 29 CFR 553.26.14footnote 

An employer must pay awarded, but unused compensatory time at termination. See, 29 CFR 553.27.

NOTE: The Fair Labor Standards Act recognizes that there could be other compensatory time awards (e.g. for working on a holiday or even to exempt employees). See, 29 CFR 553.28. The compensatory time rules described above do not apply to “other compensatory time.” In other words, it can be paid as straight time, have limits and expiration dates, and no cash value upon termination.

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  Note that, although some collective bargaining agreements provide otherwise, only payable time that is actually worked is counted toward the forty-hour requirement (e.g. paid sick leave is not counted).

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  Note that M.G.L. c.149, §30B is among those laws that may be superseded by the terms of a collective bargaining agreement. See, M.G.L. c. 150E, § 7(d)(i). 

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  And, all those hours are included in the hours-of-work calculation to determine whether an employee has reached the threshold for overtime pay.

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  However, the hours of work are not payable if the employer has no knowledge that the work was being performed - particularly, if the employee purposefully shields the work from the employer and later files a claim.

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  Of course that is not to say that a supervisor cannot reassign the employee to another task during such times.

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  Massachusetts law prohibits employers from requiring employees to work more than six hours in a calendar day
  without at least a thirty-nute mean break. See, M.G.L. c.149, § 100. 

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  Note that, although for Fair Labor Standards Act purposes, such an agreement may be made on an individual basis, for employees represented by a union, any such agreement must be negotiated through the union. See generally, M.G.L. c.150E, §6. 

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  See, n.7.

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  As long as the clothing is necessary in the performance of the job and not merely a convenience. A case in point is Steiner v. Mitchell, 350 U.S. 247 (1956), where the U.S. Supreme Court determined that employees in a chemical plant must be compensated for time spent changing their clothes before and after work. Because of the nature of the chemicals the employees used during their shift, it was not possible to change at home (therefore, changing at work was not a convenience).

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  The employer may deduct the time the employee would have normally spent commuting to his or her regular work location.

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  But note that if the meeting includes a “working lunch,” the meal break is payable.

• back to citation12

  If the travel while at work includes the typical unpaid lunch period, the lunch period may be deducted as long as the employee can effectively for his or her their own purposes. For example, if the employee is required to stay with a truck while it is being loaded at a supplier, but eats his lunch while waiting, the lunch period is payable.

• back to citation13

  Of course, if the employee is required to review materials at the hotel in preparation for the meeting, that time is payable.

• back to citation14

  When calculating the cash payment, the payment is (1) the average regular rate of pay received by the employee during the last three years employment, or (2) The regular rate of pay received by such employee, whichever is higher. See, 29 CFR 553.27.

Effective: 07/01/2017
Responsible Office: Office of Human Resources - UMSO
Last Reviewed/Updated: New Guidelines

Introduction

The purpose of these guidelines is to comply with federal and state laws regarding Overtime and Compensatory Time off; and to provide University employees, and supervisors, with directions necessary to comply with the Overtime pay provisions of the Fair Labor Standards Act (FLSA).

Definition

Compensatory Time: Paid time off the job, which is earned and accrued by an employee instead of immediate cash payment for Overtime.

Exempt Staff: Staff that are not subject to the Overtime pay or Compensatory Time off provisions of federal and state wage laws.

Fair Labor Standards Act (FLSA): The federal law that establishes labor standards for public and private sector employees. It is enforced by the Wage and Hour Division of the U.S. Department of Labor.

Hours Worked: In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal activity of the work day to the end of the last principal work activity of the workday. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work. Paid time off such as vacation time, sick time, personal time, holiday time, and Compensatory Time off, are not included in hours worked (see Hours of Work/Payable Time for Non Exempt Staff Guidance).

Non-exempt Staff: Staff eligible for Overtime pay or Compensatory Time off according to federal and state law.

Overtime: Time actually worked beyond eight (8) hours in a day or forty (40) hours in a Workweek, except in the cases of an agreed upon fixed schedule.

Premium Rate: An employee’s regular rate times 1.5.

Tour of Duty: The hours of a day and the days of the week, that constitute an employee’s regular scheduled administrative workweek. A flexible or compressed work schedule is a scheduled tour of duty and all work performed by an employee within the basic work requirements is considered regularly scheduled work.

Workweek: A Workweek is a period of 168 hours during 7 consecutive 24-hour periods. The Workweek for the University's President’s Office begins at midnight on Sunday and ends on the following Saturday at midnight.

Overtime Guidelines

• The Office of Human Resources is responsible for determining which positions are nonexempt and subject to Overtime pay and which positions are exempt from Overtime pay. The Office of Human Resources is responsible for sharing this information with the division/department heads and advising them on Overtime pay matters.
• The division/department head is responsible for communicating to employees at the time of employment the following:
  • whether their positions are non-exempt and eligible for Overtime pay;
  • the Overtime policy and procedures; and
  • the degree to which work schedules may be modified.
• Employees exempt from the FLSA are not paid Overtime. Exempt employees within the University are expected to work the hours required to do their job in an effective and efficient manner.
• Overtime pay is based on hours worked and is calculated at the rate of one and one-half times (1.5) the employee’s regular hourly rate in excess of eight (8) hours in any one Tour of Duty or forty (40) hours in any one Workweek except in the cases of an agreed upon fixed schedule. Paid time off such as vacation time, sick time, personal time, holiday time, and Compensatory Time off, are not included in Hours Worked.
• Subject to the provisions of the FLSA, Overtime work, including that for which compensatory time will be earned, must be approved in advance. Employees who fail to obtain approval prior to working hours that extend beyond their normal tour of Duty may be subject to disciplinary action. Employees are expected to work Overtime when requested to do so.
• If an Overtime-eligible University employee agrees to receive Compensatory Time instead of Overtime pay, the Compensatory Time must be credited at the same rate as cash Overtime: no less than one and one-half (1.5) hours of Compensatory Time for each hour of Overtime worked. Employees who are receiving Compensatory Time are required to sign a Statement of Agreement /Understanding (see Attachment A) explaining the employer's right to compensate Overtime in the form of compensatory leave prior to the actual performance of work, or at the time of hire.
• Compensatory Time off may accrue to a maximum of 240 hours. Once employees have accrued 240 hours of Compensatory Time, they must be paid for time worked over 8 hours a day that is in excess of the 240-hour maximum.
• The use of accrued Compensatory Time must be granted to employees upon request unless the granting of such time would unduly disrupt the effective functioning of the unit. Mere inconvenience is an insufficient basis for denial of a request to use accrued Compensatory Time. Under appropriate circumstances, a supervisor may implement reasonable rules surrounding the use of Compensatory Time, such as requiring an employee to use accrued Compensatory Time on a particular day or during a particular timeframe.
• The University requires that all employees use compensatory leave before the use of vacation or personal time.
• At the time of separation, transfer, or a change of status from non-exempt to exempt, the employee will be paid for all accrued Compensatory Time by the department in which it was earned. Such payment must be made at the time of status change.
• All supervisors must ensure that their budget has funds delegated for the payment of Overtime whether in the form of cash or compensatory leave.
• A flexible work schedule is allowed for employees to vary their arrival and/or departure times, which cannot exceed eight hours in their Tour of Duty, but must be a matter of agreement between the supervisor and the employee.
• An employee who has an agreed upon fixed schedule, as long as the hours do not exceed forty (40) hours in a week, would not be subject to daily Overtime. For example, employees may work 10 hours on Monday through Wednesday; 5 hours Thursday; and 5 hours, Friday.
• Work at home and any variation in the work schedule (e.g. flextime, compressed workweek, etc.) must be approved in advance and cannot (without additional approval) result in Overtime/Compensatory Time.
• Staff are responsible to record their time in HR Direct; supervisors are responsible to approve time. It is essential that the time report accurately reflect time worked on an hour for hour basis

Attachment A: Statement of Agreement/Understanding

Effective: Immediately
Responsible Office: Office of Human Resources

I. Reason

In compliance with the Drug-Free Workplace Act of 1988, the University of Massachusetts President’s Office (“President’s Office”) has a longstanding commitment to provide a safe, quality-oriented and productive work environment consistent with the standards of the community in which it operates. Employees under the influence of drugs or alcohol on the job pose serious safety and health risks to the user and to all those who work with the user. For these reasons, the President’s Office is committed to the elimination of drug and alcohol use and abuse in the workplace.

II. Scope

These guidelines apply to all President’s Office employees and applicants, and outlines the practice and procedures designed to correct instances of identified alcohol and drug use in the workplace.

III. Applicability

The Drug-Free Workplace Guidelines are intended to apply whenever anyone is representing or conducting business for the organization. Therefore, these guidelines apply during all working hours, whenever conducting business or representing the organization, or while on call or paid standby.

IV. Prohibitions

The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol by an employee on President’s Office property, in the workplace is strictly prohibited. Note that the President’s Office does not permit marijuana for any purpose. Employees who qualify under local law to use marijuana may not possess, store, use or share marijuana on President’s Office owned or controlled property or during President’s Office sponsored events.

V. Notification Requirements

As a condition of employment, each employee will abide by the terms of these guidelines and will notify the Assistant Vice President of Human Resources no later than five (5) days after any conviction for a criminal drug statute offense or alcohol offense committed on President’s Office property. Failure to comply with these conditions will be grounds for disciplinary action. Employees, who are required to drive President’s Office vehicles as an essential job function, must notify the Assistant Vice President of Human Resources no later than five days after any conviction for a criminal alcohol driving offense.

VI. Disciplinary Actions

Upon receiving notice of an employee’s conviction of a criminal drug statute occurring in the workplace, the President’s Office will take appropriate action within thirty (30) calendar days. Any individual who violates this prohibition will be subject to disciplinary action, up to and including termination. Such disciplinary action may include: suspension from employment, mandatory participation in alcohol/drug abuse assistance or rehabilitation program as a condition of continued employment, or termination of employment, as well as referral of the matter for prosecution to an appropriate federal or state law enforcement agency.

VII. Employee Assistance

Employees who are struggling with alcohol or drugs are strongly encouraged to seek assistance. The University’s Employee Assistance Program (EAP), ComPsych, is available free of charge to employees and their families on a confidential basis, 24 hours a day 7 days a week. Employees who have a concern about drug or alcohol abuse are strongly encouraged to contact the EAP at 844.393.4983 for assistance in finding resources to help with the problem. Go to the benefits page in the HR Employee Handbook for more information regarding the President’s Office EAP program.

Additional information about drug related issues and associated health risks is available from several sources. The following departments offer or can provide referrals to education, prevention, counseling, treatment and support services.

Office of National Drug Control Policy (ONDCP)

This office reports to the President of the United States. ONDCP administers the Youth Anti-Drug Media Campaign.

Substance Abuse and Mental Health Services Administration (SAMHSA)

This organization is responsible for overseeing and administering mental health, drug prevention, and drug treatment programs around the nation. The Center for Substance Abuse Prevention (CSAP) and the Center for Substance Abuse Treatment (CSAT) are part of SAMHSA.

National Institute on Drug Abuse (NIDA)

NIDA conducts and disseminates the results of research about the effects of drugs on the body and the brain. NIDA is an excellent source of information on drug addiction.

Effective: July 1, 2019
Responsible Office: Office of Human Resources

I. Reason

The University of Massachusetts President’s Office (“President’s Office”) believes that providing professional
development opportunities to staff members is an investment in their careers and the University's future. Toward that end, the President’s Office has a central budget that certain departments may access to pay for some professional development related costs for staff members or that may be used to fund professional development programs that benefit all President’s Office employees. For the purpose of this guideline, this budget will be referred to as the Professional Development Budget (PDB). The purpose of this guideline is to provide guidance to departments regarding what types of expenditures may be paid from the PDB.

II. Scope

This guideline applies to all President’s Office departments that utilize the PDB. Some departments, such as UITS, UMass Online, the UMass Foundation and the Donahue Institute, have their own separate professional development budgets and these guidelines do not pertain to those Departments’ expenditures from their own separate departmental professional development budgets. This policy does not pertain to faculty and staff employee tuition discounts. For questions regarding that topic please read Administrative Standards – Faculty and Staff Tuition Discounts (Doc. T96-129).

III. Approval and Compliance

Department Heads are responsible for ensuring that any expenses that their department charges to the PDB are consistent with the purpose of the fund. The purpose of the PDB is to pay for professional development related costs for staff members. A department head should contact Human Resources if he/she has any questions regarding what qualifies as an appropriate expense. The Budget Office will not approve (or may reverse and assign back to the department) any charge that Human Resources determines is inconsistent with the purpose of the PDB.

IV. Appropriate Expenses

1. The following are examples of expenses that Departments may charge to the PDB, provided that the expenses are reasonably related to an employee’s professional development within the profession or field in which he/sheis currently employed within the President’s Office:
   1. Registration fees for professional conferences and training programs.
   2. Out-of-state travel expenses related to attendance at professional conferences and training programs,
      including transportation, lodging, and meals.
   3. Costs associated with webinars or other on-line programs, including programs that offer CPE credit for
      certifications.
   4. Institutional membership dues and fees for professional associations and organizations that provide
      educational material, programs and other activities that advance the professional development of the staff
      member within his/her profession. A list of institutional memberships is maintained by Amy Thompson, the
      Facilities Manager for Collaborative Service Center in Shrewsbury.)
   5. Personal membership dues and fees for professional associations and organizations that provide educational materials, programs, and other activities that advance the professional development of the staff member within his/her profession. Managers should use discretion concerning both the equal distribution of opportunities to participate in personal memberships and value of such memberships. For example, does the membership include access to a knowledgebase?
   6. Costs associated with preparing for and/or taking an examination that will result in the staff member
      receiving a degree or certificate that will advance the staff member’s professional development within
      his/her profession.
2. The following are examples of expenses that Departments may not charge to the PFD:
   1. Salaries or additional compensation payments
   2. In-state travel
   3. Meals or other expenses for in-state programs that are not included in the registration fee. (An exception
      to this prohibition may be made if a national conference is taking place in Massachusetts.)
   4. Business licenses/registrations that are required in order to perform the essential function of the staff
      member’s current position (e.g. bar license and certified public auditor’s license).
   5. General subscriptions to newspapers, magazines or other journals unless they are specifically related to
      the staff member’s membership in a professional association. Departments can pay for industry-specific
      journals out of their own funds and route them to all relevant department staff.
   6. An employee’s share of costs that are not covered by the Faculty and Staff Tuition Discounts (Doc. T96-
      129). For example, if an employee must pay 50% of the cost of a continuing education program, he/she
      cannot also be reimbursed for his/her share of this cost from the Professional Development Budget.
   7. A degree program at another college or university.

V. Compliance with other Relevant Policies

This guideline addressed the narrow question of when an otherwise appropriate cost can be charged to the PDB. The President’s Office has other policies that provide more detailed guidance regarding travel, lodging and other expenses. Any expense that is billed to the PDB must also comply with these policies. Examples of other relevant policies include:

• UMass Central Administration Travel Policies and Procedures Manual
• UMass President’s Office Business Expense Guidelines (U Doc T- 92-031 - Appendix C)
• Administrative Standards – Faculty and Staff Tuition Discounts (Doc. T96-129)

Any questions regarding these guidelines should be directed to the President’s Office of Human Resources.

I. Introduction, Definitions, and Benefits

a. Introduction

The University of Massachusetts President’s Office (UMPO) hybrid pilot program began on Monday, September 13, 2021. In May of 2022, the UMPO Senior Executive Team (SET) which includes the President, and his direct reports, extended the hybrid work pilot until September of 2023. The SET decided to implement the hybrid work guidelines on a permanent basis effective July 1, 2023. The UMPO reserves the right to clarify, amend, or rescind these guidelines based on the operational needs of the organization at any time. The UMPO also reserves the right to implement different temporary guidelines in response to an emergency or operational need.

b. Scope of Guidelines

The guidelines in this document apply to non-unit (also referred to as non-union) employees who are employed by the UMPO.

c. Definitions of Telework and Hybrid Work

Telework – also known as telecommuting or working remotely – is an alternative workplace arrangement which provides employees the opportunity to work at a place other than a UMPO assigned on-site work location.

A hybrid work model is a workplace arrangement that seeks to capture the benefits of both on-site work and telework and consists of employees who have a mix of both as part of their regular schedule. This also includes a limited number of employees who may be either on-site on a full-time basis or teleworking on a full-time basis.

II. Department and Individual Hybrid Schedule

The regular hours of operation for UMPO are Monday through Friday from 8:30 AM to 5:00 PM (excluding holidays). Departments must be staffed and providing service during those hours. However, staffing and the provision of services may consist of a blend of on-site and remote work.

a. Department Hybrid Schedule

Some departments may adopt a hybrid work schedule for the entire department (as opposed to for an
individual employee). This schedule will specify the hours that the department is staffed on-site and the hours that some or all employees in the department will be teleworking. The department’s hybrid schedule must be based on the business needs of the University.

Decisions about the hybrid work schedule for a department must be approved by the Senior Executive Team (SET) member who oversees that department of the President’s Office. Table 1 provides an example of a department’s hybrid work schedule.

Table 1: Example Department Hybrid Work Schedule

The SET member determines the following for a department:

• The department will have staff on-site on Tuesday, Wednesday and Thursday.
  • All employees in the department will be classified as regular reporting, except for one employee
    who will be designated fully on-site.
  • All employees within the department must be on-site on two of these three days.
    • All employees within the department must be on-site on Wednesday.
    • The department head can determine the other day (Tuesday or Thursday) upon which
      individual employees will be on-site.
    • Employees who want to be on-site for all three days are welcome to do so.

As a result, there are four schedules within the department that are consistent with the SET member’s decision:

SET members may delegate the determination of the hybrid work schedule for an individual employee to a department head, provided the individual employee’s schedule is consistent with the hybrid scheduled that was approved for the department. (For example, the department head can determine whether Catalina works on-site on Tuesday or Thursday.) To the extent the employee’s personal preference can be accommodated within this framework, then department heads are encouraged to do so.

b. Business Unit Hybrid Schedule

Some business units within a department may adopt their own distinct hybrid schedule based on distinct business needs. This is allowed provided the business unit hybrid schedule is consistent with the department hybrid schedule.

Table 2 provides an example of a business unit hybrid work schedule.

Table 2: Example Business Unit Hybrid Work Schedule

The SET member determines the following for a department:

• The department will have staff on-site on Tuesday, Wednesday and Thursday.

The Department Head determines the following for a particular business unit:

• The business unit within the department determines all business unit staff must be on-site all three
  days.
• All employees in the business unit will be classified as regular reporting, except for one employee who will be designated fully on-site.

As a result, there are four schedules within the department that are consistent with the SET member’s
decision:

To the extent practicable, UMPO Human Resources encourages departments to adopt department or business unit hybrid schedules rather than individual hybrid schedules.

c. Individual Employee Schedule

In addition, some departments may adopt a hybrid work schedule for the department but grant an individual employee a hybrid schedule that differs from the hybrid schedule that was authorized for the rest of department or business unit. (This could also include a situation where any employee seeks to be on-site full time and not have a hybrid schedule.) In these circumstances, the SET member, or their designee, and the employee must document the established schedule. An email exchange sent by the supervisor/manager that contains the relevant information and acknowledged by the employee may serve as sufficient documentation.

d. Variations and Flexibility in Schedules

Whether a department opts to have a department hybrid schedule or a department hybrid schedule with a business unit hybrid schedule, and/or some individual hybrid schedules, there may be differences in employees’ schedules based on the nature of their position and the needs of the business unit. There will be variations in the number of on-site and telework days that any individual employee works within a department and business units, as well as differences with other departments and business units.

e. Variation in the Beginning and End of the Workday

The regular hours of operation for UMPO are Monday through Friday from 8:30 AM to 5:00 PM (excluding holidays) including a half hour lunchbreak. However, on a case-by-case basis, a SET member, or their designee, may authorize an employee to have a different beginning and end time within a workday, provided that the employee works the same number of hours that day. (This variation in the beginning and end time of an individual employee’s schedule should be documented. An email exchange sent by the supervisor or manager that contains the relevant information and acknowledged by the employee may serve as sufficient documentation.

f. Temporary Incidental Variations

An employee and their supervisor can agree to temporary incidental changes to the employee’s hybrid work schedule. For example, a supervisor can direct an employee to work on-site on a different day for the next four weeks to attend an on-site training program; or the supervisor and the employee can agree that the employee will telework on a different day other than the one scheduled (i.e., telework on Wednesday of that week rather than the employee’s normal schedule of teleworking on Friday of that week). However, if the parties agree to an extended period or permanent change in the employee’s hybrid work schedule, then that decision should be documented. An email exchange sent by the supervisor/manager that contains the relevant information and acknowledged by the employee may serve as sufficient documentation.

g. Discontinuation of Hybrid Work

A SET member can modify or discontinue a department, business unit, or individual employee’s hybrid work schedule if they determine a modification or discontinuation is in the business interest of the department or business unit. The SET member is encouraged to provide any impacted parties with as much notice as is possible.

III. Hybrid Position Classification

a. Classifications

Each position should be classified in one of four categories below:

• Fully On-Site – These employees report to their on-site work location for their full work week, and they do not work remotely as a regular part of the schedule. (Some incidental remote work may be
  approved by the department head, but not as part of the employee’s regular schedule.)

• Regular Reporting – These employees report to the on-site work location on a regularly scheduled
  basis. On the workdays employees are not designated to be on-site, they are teleworking. Designated on-site workdays may range from one day per month to a few days per week based on their department’s hybrid schedule, the specific job duties of the individual position and the need to physically staff their department’s on-site hours.

  In addition to their designated on-site workdays, the department heads may direct these employees to report on-site as needed on additional days for meetings, trainings, or other business needs.

• On-Site As Needed – These employees have an on-site work location to which they report only when directed to do so by their department head or supervisor. However, these employees primarily work remotely. Department heads are authorized to direct the employee to report on-site for meetings, trainings or other business needs. Department heads are expected to provide these employees with reasonable notice, to the extent possible, of the need to report on-site.

• Fully Remote – These employees work remotely, and there is no expectation that they be available to report on-site.

  Except for fully remote employees, each employee will have a designated work location. This loction will be the location to which the employee reports, whether on a full-time basis, on a regular reporting basis, or when directed to report on-site by their department head or supervisor. The most common on-site work locations are the UMPO offices at One Beacon Street, Boston or at 50 Washington Street, Westboro. However, some employees report to a campus-based work location.
   

IV. Operational Need, Hybrid Work Assessment and New Hires

a. Operational Need

Each department must have the necessary staff on-site to operate during its designated on-site business hours. Hybrid work must not result in a decrease in productivity, a decrease in communication or coordination, or a decrease in the level of service to internal or external customers.

b. Reassignment of Work

A hybrid work schedule must not result in an employee performing different work while teleworking than they would perform if they were working on-site. Additionally, hybrid work should not result in any of the duties of the employee being reassigned to other employees.

c. Types of Work Suited for Telework

Different types of work have characteristics that are well suited to telework assignments while other types of work are less so. When evaluating whether to allow an employee to telework, a department head should consider these work characteristics. In general, work with easily measured outputs is better suited to telework assignments.

Characteristics of work that are not well suited to telework include:

• Work that regularly requires in-person communication with a supervisor, peers, or customers (e.g., an employee who regularly greets internal or external customers, an employee who provides in person IT support.
• Work that regularly requires access to hardcopy (non-electronic) files, financial documents,
  confidential documents and mail, and other hardcopy documents that should not be regularly
  removed from the work site. (Any employee who removes documents from the office that are
  allowed to be taken off-site temporarily for the purpose of accessing those documents while
  teleworking must return the documents to their on-site work location as soon as practicable and
  comply with any record retention requirements.)
• Work that requires regular access to supplies and/or equipment that should not or could not be
  reasonably brought to or provided at a remote worksite.

d. Onboarding New Employees

Generally, except for fully remote employees, an employee’s first day on the payroll should be on-site. On an exception basis, an employee may be onboarded remotely.

A representative of the hiring department must be on-site on the first day that a new employee is on-site. The department representative should greet the new employee and provide the new employee with information specific to the department. The department representative should also coordinate the on-boarding process with Human Resources and UITS.

Generally, except for fully remote employees, a new employee must come on-site to secure the necessary IT equipment and office supplies. The UMPO is not responsible for shipping IT equipment or office supplies to these employees.

V. Availability While Teleworking

a. Availability

When teleworking, an employee must be readily available by email, telephone, web conferencing and/or the other relevant communications tools deemed necessary by their department (e.g., Slack) during their regularly scheduled work hours.

b. Non-Work Related Responsibilities While Teleworking

All workplace policies remain in effect while teleworking including time and attendance, and expectations for performance and conduct. Employees who telework must be able to commit their attention to work during their agreed upon hours and are not to perform non-work related activities during work hours.

However, in circumstances when an employee is teleworking due to a declared state of emergency, a time when the on-site work location is closed due to an emergency situation, or when ordinary dependent care services are unavailable as a result of these factors, an employee who teleworks may also perform non-work related activities if no alternative is available, provided that they are still able to work their regular number of hours that day. If the employee is unable to work their regular number of hours that day, then they must use paid leave; if paid leave is unavailable, the employee must take unpaid leave.

c. Temporary Closing of On-Site Work and Temporary Inability to Telework

In the event UMPO must close an office location because of weather, construction/renovations, or other circumstances, employees who are classified as regular reporting, on-site as needed, and fully remote are expected to telework during this period. Should such employee not have the capabilities to telework (because of a power outage or similar circumstance), the employee may be excused from work with pay but must contact their supervisor and/or Human Resources for approval.

Employees who are classified as fully on-site are not expected to report to their office location (unless they are required to be on-site for emergency purposes) and if not equipped to telework, are not expected to do so.

VI. Statues, Leave and Accommodations

a. Paid Leave

Employees should continue to use paid leave, including vacation, sick, family and medical leave in accordance with existing practice while working a hybrid work schedule. Requests for paid time off must be approved in advance in accordance with standard operating procedures within the employee’s department. Department heads and supervisors should inform all employees, whether they work on-site or work remotely, that they are expected to utilize their accrued vacation leave and other types of leave as is appropriate.

b. Workers’ Compensation and Safety

Employees will be covered under applicable workers’ compensation laws if injured while performing official duties while teleworking. While teleworking, employees are required to maintain a safe working environment. The UMPO is not liable for any damages to the employee’s property that results from participation in the hybrid work pilot.

c. Tax Status for Employees who live and/or regularly work outside Massachusetts

If an employee lives outside the Commonwealth of Massachusetts, and/or if they regularly work outside the Commonwealth of Massachusetts, then the employee needs to consult with Human Resources and Treasury to ensure they understand any obligation or risk related to their state taxes.

d. Requests from Employees to Remain Fully Remote For Documented Medical Reasons

This request will be handled consistent with the process for addressing reasonable accommodations under the Americans with Disabilities Act (ADA). If an employee is unable to safely work on-site, they will need to provide the Senior Benefits Generalist (Katie Temple) with medical documentation that supports that position. If supported by documentation, then Human Resources and the employee’s department head will assess whether the employee can perform all the essential functions of the position while working remotely. If yes, then UMPO may make the accommodation.

As is the case with all ADA accommodations, the employer retains the right to periodically ask for updated medical documentation to support the underlying claim and to periodically review whether all the essential functions are being performed while the accommodation is in place.

VII. Office Space and Supplies

a. On-Site Office Space Assignment

The UMPO’s location is designed to meet the needs of today’s UMPO workforce, in which most employees work on site two days per week or are on-site as needed. Since a priority during on-site workdays is collaboration, the location will have additional conference rooms, huddle spaces, and other resources to promote face-to-face communication and teamwork. The location will incorporate the use of a “work point reservation” model as some departments move away from individually assigned offices and cubicles. This model will offer more generally available space that can easily be reserved on an as-needed basis.

The UMPO will continue to review its office space needs and adjust as needed.

b. Office Supplies and Furniture

Except for fully remote employees, employees are responsible for securing the office supplies that they need to telework when they are on-site. The UMPO is not responsible for shipping office supplies to employees. Employees who are classified as on-site as needed are responsible for coming on-site if they need office supplies.

To the greatest extent possible, UMPO printing should take place on-site. On an exception basis, a
department may reimburse an employee for the toner cartridge for their personal home printer if the
employee is regularly required to use their home printer for UMPO purposes, and the printing cannot be reasonably delayed until the employees is on-site.

Each department should purchase the needed office supplies through the regular office supply procurement process. The department may make arrangements with the appropriate vendor to have office supplies delivered to an employee who is classified as fully remote.

c. Other Costs

An employee with a hybrid work schedule is responsible for operating costs, office furniture (including standing desks), home maintenance, or any incidental cost (e.g., utilities including Internet costs) associated with the employee’s use of their residence or any other location for telework. Employee may not remove UMPO office chairs or other office furniture from the on-site UMPO office for a remote work location.

d. Travel Expenses

When employees do report to their designated on-site work location, they are not eligible to be paid for the time it takes to commute to the office and reimbursed for travel expenses related to their commute. Employees who are directed to report to a location other than their designated on-site work location on an incidental basis may be paid for travel expenses in accordance with the University Travel Policy, which reads:

“Mileage is measured from the employee’s home to the destination and return, or from the University or Department Address to the destination and return, whichever is less. Mileage between an employee's residence and place of work is not reimbursed.”

VIII. Information Technology

When working remotely, employees must use their university-issued laptop, and not a personal laptop.

Except for the identified portable equipment (see Section (b) below), employees are not authorized to remove other IT equipment from their on-site location.

University-issued equipment is for employee use only.

Employees are required to report any problems with their university-issued equipment to the UITS Help Desk.

a. On-Site IT Equipment

The UMPO will equip each on-site work point with the following:

• 1 or 2 monitors
• External camera (if not built into the monitor)
• Wired keyboard and mouse
• Docking station

This equipment may not be removed from the on-site office.

b. Portable IT Equipment

Employees will be provided with a UMPO owned laptop and may all receive the additional UMPO-owned portable equipment:

• Wireless keyboard/mouse
• Headset
• Laptop bag

Employees are expected to bring their individual portable IT equipment with them when they work on-site and they are authorized to remove this equipment from the on-site office for the purpose of working remotely. Employees are responsible for safely transporting portable equipment between their telework location and their on-site location.

Exceptions for additional equipment where accommodations are needed must be approved by the Chief Human Resources Officer, or designee. In addition, all exceptions should be approved, funded and tracked at the department level.

c. IT Security Requirements

Employees who telework must comply with all UITS security guidelines and requirements (see
https://www.umassp.edu/uits/security-center) and protect all University electronic and hard copy records and data against unauthorized disclosure, access, destruction, etc. Files and other information that are subject to confidentiality regulations must be secured from unauthorized access while at the telework worksite in accordance with any guidance that the UMPO issues regarding this matter.

Employees are also required to follow instructions periodically issued by the UITS Help Desk to update both security and programs on University-issued laptops.