Policy on Family and Medical Leave

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Policy Category: Executive

Effective Date: 9/26/2025

Responsible Officer: Chief Human Resource Officer  

History: Family Medical Leave Act, 2017, Parental Leave Policy, 2022;  Updated: 1/24/2024, 9/25/2025

Responsible Office: Human Resources

Location: Link

Purpose

Wentworth Institute of Technology (hereinafter “the university” or “Wentworth”) is committed to holistically supporting employees by ensuring meaningful access to the rights and benefits of Family Leaves and/or Medical Leaves. This policy provides employees with information about paid and unpaid leave options and dictates procedures for the coordination of such leaves.  Family and medical leave may be available under a number of different laws and policies, which can be challenging to navigate.  Wentworth encourages employees to reach out to Human Resources to learn more about leave options and coordination.    

Scope/Applicability

This policy applies to all university employees who seek to take a paid or unpaid  leave of absence for a qualifying purpose related to family leave (including the birth, adoption, or placement of a child) or medical leave.  

Legal

Policy

In compliance with state, federal, and local law and pursuant to the university’s commitment to employee health and wellness, the university provides eligible employees with options for both paid and unpaid leave. Employees may be eligible for leave under the federal Family and Medical Leave Act (FMLA), Massachusetts's Paid Family and Medical Leave Act (PFML), Massachusetts Parental Leave Act (MPLA) and the university’s parental leave program as defined and explained below. FMLA, PFML, MPLA, the university’s parental leave program, and Collective Bargaining Agreements will run concurrently to the fullest extent allowed under the law. 

Definitions

Accrued Paid Time Off (PTO): Paid time off, accrued as a benefit of employment. Accrued PTO includes personal days, sick days, and vacation days.  

Covered Service Member: An active-duty member of the military suffering from a Serious Health Condition or a former member of the military suffering from a Serious Health Condition incurred or aggravated by active-duty service  

Consecutive Leave: Leave in which an employee takes all planned leave during one continuous period.  

Employee: All full and part-time staff, including faculty. Vendors and independent contractors are not typically considered employees.  

Family Member: For the purposes of FMLA this includes: spouse, child, or parent or anyone who stood in for a parent when you were a child. For all other leaves, this includes: Spouse, domestic partner, child, parent or parent of a spouse or domestic partner of the employee; a person who stood in loco parentis to the employee when the employee was a minor child; or a grandchild, grandparent, or sibling of the Employee.  

Family and Medical Leave Act (FMLA): A federal law that provides eligible employees with up to 12 work weeks of unpaid Family Leave and/or Medical Leave each year.

Individual Average Weekly Wage (IAWW): An Employee’s average weekly wage, as defined by state; used in conjunction with the state average weekly wage (SAWW) to calculate leave benefits.  

Intermittent Leave: Leave taken over separate, non-consecutive time periods rather than a single span of time.

Maximum Weekly Benefit: The maximum weekly earnings available to an Employee during PFML leave, as provided by State Law.  

Massachusetts Parental Leave Act (MPLA): A Massachusetts law that provides eight (8) weeks of unpaid leave for the birth of a child or the placement of a child for adoption.  Employees are eligible for unpaid leave under this law if they have been employed for at least three (3) consecutive months in a benefits-eligible capacity.

Massachusetts Paid Family Medical Leave (PFML): A Massachusetts law that provides eligible employees with partially paid family and medical leave, including leave for bonding with a recently adopted, placed, or born child for up to 26 weeks of paid family leave and/or medical leave each year. PFML is separate from, but runs concurrently with, unpaid leave required by the MPLA and FMLA and from paid leave benefits that may be offered by the university.  

Reduced Scheule: Leave taken by an employee working less hours a day or fewer days a week.

University Parental Leave: Paid Parental Leave is a benefit offered by the university to eligible employees, which supplements PFML leave to provide eligible employees with a total of 12 weeks fully paid parental leave.  

Serious Health Condition: An illness, injury, impairment or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical facility; or continuing treatment by a health care provider.  

Short-Term Disability Benefit (STD): Optional benefit, available to benefit eligible employees, which provides wage replacement for leaves taken due to injury or illness, up to a maximum of 26 weeks. STD benefits are disbursed in concurrence with all other benefits available under law or university policy.  

State Average Weekly Wage (SAWW): Fixed amount established by the commonwealth of Massachusetts every calendar year used in conjunction with the individual average weekly wage (IAWW) to calculate leave benefits.

Qualified Leave of Absence: Leave taken pursuant to law pr policy, for the following qualifying purposes:  caring for the employee’s own serious health condition, caring for a family member with a serious health condition, bonding with a new child during the first twelve months after the child’s birth, adoption, or foster care placement, caring for a family member who is a covered service member, and/or managing affairs while a family member is engaged in active-duty service in the armed forces. 

Procedures

Types of Leave

Family and Medical Leave 

The Family and Medical Leave Act (hereinafter “FMLA”) provides eligible employees with up to 12 work weeks of unpaid Family Leave and/or Medical Leave each year.

  1. Eligibility: To be eligible for unpaid leave under the FMLA, an employee must have worked for the university for at least twelve months and must have worked at least 1,250 hours within the 12 months prior to the leave.  
  2. Leave Available: Eligible employees may take up to a total of 12 weeks unpaid leave in a 12-month period for all qualifying purposes.  Eligible employees are eligible for up to 26 weeks of leave for the purpose of caring for a covered service member.

Paid Family and Medical Leave

The Massachusetts Paid Family and Medical Leave Law (hereinafter “PFML”) provides eligible employees with up to 26 weeks of paid Family Leave and/or Medical Leave each year.

  1. Eligibility: Eligible employees (including full-time, part-time, permanent, and temporary) must meet certain requirements, including earning requirements. For additional information on eligibility requirements, follow this link. )  
  2. Leave Available: Eligible employees may take up to 12 weeks of family leave (bonding and/or to care for a family member with a serious medical condition), up to 20 weeks of medical leave (serious health condition that incapacitates them from work), 12 weeks of family leave due to a qualifying exigency arising out of the fact that a family member is on active duty and notified of an impending call or to active duty in the Armed Force,  and/or up to 26 weeks of leave for care of a covered service member.  Eligible employees may take up to 26 weeks of combined paid family and medical leave during a 12-month period.  
  3. Monetary Benefit: Monetary benefits for PFML leave are determined based on the formula set by the Department of Paid Family Leave. Benefits are calculated based on the employee’s individual average weekly wage and the state average weekly wage and are limited to the maximum weekly benefit amount determined by law. Where the maximum benefit is less than an employee’s weekly wage, the employee may supplement the benefit by using earned sick or vacation time.  
  4. Waiting Periods: There is a waiting period of seven (7) calendar days between the first day of PFML and the date on which benefits are disbursed. While employees do not receive a paid benefit for the first seven (7) calendar days of a leave, they may choose to use earned sick or vacation time during this period.  The PFML waiting period does not apply in situations where an employee immediately transitions from medical leave for pregnancy or recovery from childbirth to parental leave for the purpose of binding with a new child.   Please note that benefits under the University Parental Leave policy start immediately, without the seven-day waiting period.  
  5. Supplementing Benefits: with earned PTO (i.e. “top offs”): Employees who take a paid family or medical leave may supplement available benefits with accrued paid time off, up to the amount of the employee’s IAWW.   


Employees eligible for PFML and Short-Term Disability (STD) may “top off” their PFML benefits using STD. When benefits also are available under the university’s Short-Term Disability policy, the PFML benefit will be supplemented first by the applicable Short-Term Disability policy benefit to the maximum pay available under that policy, and then by any accrued paid vacation, sick or personal time. 

Massachusetts Parental Leave Act (MPLA) 

  1. Eligibility: Employees are eligible for unpaid leave under this law if they have been employed for at least three (3) consecutive months in a benefits-eligible capacity.
  2. Leave Entitlement: Eligible employees may take eight (8) weeks of unpaid leave for the birth of a child or the placement of a child for adoption.   

University Parental Leave

  1. Eligibility: To be eligible for this program, employees must be working full time and meet all earning requirements for PFML and meet all FMLA requirements.  Employees must apply for PFML benefits in order to be eligible for University Parental Leave.  If an employee is eligible for both PFML benefits and paid University Parental Leave, the Employee may not receive more than their total average weekly wage.    
  2. Leave and Monetary Benefit Entitlement: Employees eligible for University Parental Leave will receive their full compensation for up to 12 weeks of parental leave.  
  3. Waiting Periods: Under the PFML there is a waiting period of seven (7) calendar days between the first day of leave and the disbursement of the PFML benefit. Where an employee is eligible for University Parental Leave, wage benefits will start immediately, without a seven-day waiting period.   

Concurrent Application of Leave Policies and Benefits

To the fullest extent permitted by law, all leaves under FMLA, PFML, MPLA, and the University Parental Leave policy, whether paid or unpaid, will run concurrently with one another and with any other available leave under law or policy, including short-term disability.

Additionally, the university’s collective bargaining members are governed by certain Collective Bargaining Agreements (“CBA”). To the extent that the FMLA and PFMLA extend benefits and working conditions beyond those contained in a CBA, the FMLA and PFMLA shall apply. To the extent a CBA exceeds the requirements of the FMLA and PFMLA, the CBA shall apply. 

University Benefits During Leaves

Most benefits continue during the duration of the leave, including employer contributions to insurance benefits. The employee portion of insurance benefits shall continue to be remitted by the employee. Employees will not earn vacation, sick time, or other personal days during a leave; Family and Medical Leaves are not regarded as a break in service. 

Leave Options

Leaves may be taken consecutively, intermittently, or on a reduced schedule.  

Leave Process

Advanced Notice of Leave: Where possible or practicable, employees should notify their manager, human resources and the disability carrier of the intent to take paid family or medical leave at least 30 calendar days prior to the scheduled leave. Requests for leave may be submitted via email to the Manager, benefits@wit.edu and the disability carrier and should include:  

  1. The employee’s name  
  2. The name of the employee’s supervisor  
  3. The intended start date for the leave  
  4. The anticipated duration of the leave  
  5. A summary of the employee’s general work schedule  
  6. The purpose(s) of the leave  
  7. A statement regarding whether the employee is a full-time or part-time employee.  
  8. Appropriate medical documentation for a leave based on a serious medical condition.

Coordination of Leave: All leaves will be coordinated with the disability carrier per instructions found in Workday help benefits information (Employee Leave Process).  The carrier will request medical documentation and/or authorization to speak to the employee’s healthcare provider.   All leave requests will be entered into Workday with the appropriate leave category.  Your manager or benefits director can assist in this process.

Notification of Supervisors: The Office of Human Resources or designee will notify the employee’s supervisor of any intended leaves, including parental leave and medical leaves relating to pregnancy or pregnancy related conditions.  
Supervisors should consult with the Office of Human Resources about staffing needs that may exist during a leave. The supervisor is responsible for arranging any temporary staffing necessary to support continued operation during an employee’s leave.  

Updating Notice of Leave: Changes to the anticipated date of leave or anticipated date of return from leave must be communicated to the the disability carrier and the employee’s manager, as soon as possible. Changes must be communicated in writing via email to benefits@wit.edu.  

Working While on Leave: The university recognizes that the purpose of the leave is to care for yourself and your family and those who are on leave are encouraged to refrain from working while on leave. Similarly, supervisors are encouraged not to contact those who are on leave except in cases of an emergency or for minor tasks (locating a file for example). 

Nothing in this section shall limit the university’s ability to reasonably communicate with an employee who is approved for leave benefits under this policy.  Similarly, this section shall not limit the obligation of employees who are approved for leave benefits to comply with the reasonable attendance and call-in procedures established for their position.    

Return from Leave: The anticipated return date will be determined prior to an employee’s leave. At least seven (7) business days prior to the scheduled return date, the employee must contact the carrier, the Office of Human Resources and their supervisor via email or phone with any information necessary to coordinate the employee’s return to work. 
As established above, any changes to the anticipated date of return should be communicated in writing, via email or phone call, to the disability carrier, employee’s manager/supervisor and Office of Human Resources.

Fitness for Duty: Current employees who are approved for leave due to their own serious health condition will be required, on returning from leave, to present a certification from their health care provider that they are able to resume work. If, within ten business days of the approval of an employee’s application from the Department for leave due to a serious health condition, the Company provides the employee with a list of the essential functions of the employee’s job, such certification must additionally confirm that the employee is able to perform those essential functions. If an employee fails to provide certification as required in this section, the employee will not be entitled to reinstatement to their position.

Filing and Disbursement of PFML Benefits: The disability carrier will file the necessary documentation based on your leave and will distribute the payments to either the employee or the institution. Disbursement of PFML benefits will be made directly to the employee if the employee is not receiving any salary benefits through the institution. If full or partial salary is provided by the institution the PFML disbursements will be paid to the institution.  Note there is a 7 business day waiting period and employees may apply sick or PTO during this time. This will be coordinated in the absence reporting in Workday.

Retaliation: The University shall not retaliate or threaten to retaliate by discharging, firing, suspending, expelling, disciplining, through the application of attendance policies or otherwise, threatening, or in any other manner discriminating against an employee due to the employee’s use of leave or other benefits under this policy or the employee’s exercising any other right under the PFML, FMLA, MPLA or other applicable law.  Employees similarly shall not be subject to retaliation or threats of retaliation for filing a complaint or instituting or causing to be instituted a proceeding under or related to the PFML, FMLA, MPLA, or other applicable law, or for testifying in an inquiry or proceeding or giving information connected to any inquiry or proceeding relating to the same.  

Concurrent Policies: Nothing in this policy shall diminish any greater rights that an employee may have under any University policy, law, or collective bargaining agreement that provides for greater or additional rights to leave than those provided in this policy.  Nothing in this policy shall curtail the privileges or remedies of any employee under a collective bargaining agreement or employment contract.  

Additional Information & Related Documents

Employee Policies and Procedures Guide

Policy on Pregnancy, Parenting, and Caregiving  

Policy on Domestic Violence Leave

MAPFL Private Plan Employee Notice

State Disability Teleguard Claim Submission Instructions and Authorization

Information in Workday 

Interpretation & Revision

Any questions of interpretation regarding this policy shall be referred to Human Resources. They will be the final authority regarding the interpretation of this policy.  

This policy shall be reviewed every three years, however minor changes and updates can be made at any time.  

Wentworth will typically apply the policy in place at the time it receives a report concerning the respected policy.  

Additionally, in instances where two or more policies are implicated, a case-by-case determination will be made to determine what policy will be used.  

Review and Revision History

This policy was drafted by representatives from Office of Institutional Equity and Human Resources. It was reviewed by Cabinet approved by the President on 9/13/2023.  It was modified on 9/25/2025 to address changes in the law and again on 9/26/25. 

This policy replaces the Family Medical Leave Act, 2017, and supplements the Parental Leave Policy, 2022.