Statement of Purpose, The Sick Leave Bank is intended to be used for short-term disabilities when the employee has a reasonable expectation of returning to work. It is not meant as a substitute for long-term disability income protection. Effective March 1, 1987, a Sick Leave Bank will be maintained on each campus for the benefit of all non-unit professional and classified staff employees of the University. The Bank…, Eligibility, As of July 1, 1997, all non-unit professional and classified staff employees are members of the Non-Unit Professional and Classified Staff sick Leave Bank (SLB) on their campus. Membership is effective on the date an employee's status is designated as non-unit. On the first day of each fiscal year, the University will deposit one (1) day of sick leave per FTE into the bank. Before drawing days…
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Visitor and Vendor Preregistration & Check-in, Visitors refer to UMass employees from other locations, contractors, external vendors, stakeholders, and the public. To ensure the safety and security of our office, all visitors must enter the President’s Office at 50 Washington Street through the reception area on the third floor. Visitors are allowed during normal working hours, Monday-Friday 8:30 am to 5:00 pm. After-hours visitors must have…
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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…, 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: 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…, 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…, 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…, 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…, 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…, 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…, 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…, 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…, 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…, 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…, 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…, 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:…, 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…, 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…, 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…, 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…, 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…, 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.…, 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,…, 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…, 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…, 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…, 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…, 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…, 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 .
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The University of Massachusetts President’s Office (President’s Office), as a public institution of higher education of the Commonwealth, recognizes its responsibility to promote the interests and welfare of the public it serves. In so doing, the President's Office reaffirms its commitment to employment practices and free of discrimination and harassment. At the President’s Office, equal…
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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. 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, §30B…, 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) . 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…, 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…, 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…, 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 . 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…, 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. 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…, 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, 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): Attendance is outside of the employee's regular working hours; 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 . The…, 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…, 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…, 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…, 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. See, 29 CFR § 785.3 7. 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…, 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…, Overnight Travel to another City., 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…, 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…
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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…, 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…
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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…, 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…, 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…, IV. Appropriate Expenses, 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: Registration fees for professional conferences and training programs. Out-of-state travel expenses related to attendance at…, 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…
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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…, 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…, 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…, 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…, 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…, 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…, 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…, 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.,…, 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 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…, 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…, 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…, 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…, 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…, 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…, 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…, 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…, 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…, 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-…, 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…, 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…, 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…, 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…, 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…
Type: Book page
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…, 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…, 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…, 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…, Earned Sick Time., Time off from work accrued by an employee during hours worked and provided by an employer to allow an employee to: 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…, Regular Hourly Rate., The amount that an employee is regularly paid for each hour of work., Same Hourly Rate., For employees compensated on an hourly basis, the same hourly rate means the employee’s regular hourly rate. 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. For employees paid a salary, the same hourly rate…, Applicability., 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: Federal work study students. Students providing support services to residents of a residence hall, dormitory, apartment building, or other similar residence operated by the…, Specific Provisions Of The Policy, (A) Accrual of Earned Sick Time:, 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. 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.…, (B) Use of Earned Sick Time:, 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. An employee may not use earned sick time if the employee is not scheduled to be at work during the period of use. The smallest amount of sick time an employee can use is 15 minutes. Earned sick time may not be invoked as an excuse to be late for work without an…, (C) Payment of Earned Sick Time:, 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.” 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:, Employees may begin accruing sick time on the first date of actual work. Employees may use earned sick time as it accrues. , (E) Break in Service:, 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. 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. , Procedure, (A)Notice of Use of Earned Sick Time, Employees must notify their manager before they use earned sick time, except in an emergency. 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. 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…, (B) Documentation of use of earned sick time, A manager may require written documentation for an employee’s use of earned sick time that: exceeds 24 consecutively scheduled work hours. exceeds 3 consecutive days on which the employee was scheduled to work. 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”). occurs after 4…, (C) Prohibition on Retaliation and Non-interference, 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…
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