Policy on Paid Parental Leave

Policy Category and Number: Executive

Effective Date: 07/01/2022

Responsible Officer: Chief Human Resources Officer  

History: Established 06/01/2022; Format updated for clarity 1/4/2024

Responsible Office: Office of Human Resources and Office of Institutional Equity  

Location: Link

Purpose

This policy identifies benefits relating to Parental Leave for employees of Wentworth Institute of Technology (“University”) and provides procedures for exercising these benefits. 

Scope/Applicability

This policy applies to all University Full Time employees, as defined, in is applicable to contexts in which an employee seeks to take leave for the purpose of bonding with a new child following birth, adoption, or placement through foster care.  Except as provided below, Parental Leave must be taken within twelve months of the birth, adoption, or placement of the child (hereinafter “Parental Leave”). 

Employees may be eligible to take Family or Medical Leave under the federal Family Medical Leave Act (“FMLA”), Massachusetts Paid Family Medical Leave Act (“PFML”), Massachusetts Parental Leave Act (“MPLA”) and/or Wentworth Institute of Technology Paid Parental Leave Policy.  FMLA, MPLA, PFML and Paid Parental Leave will run concurrently to the fullest extent allowed under the law.

Employees may also be eligible to take medical leave related to pregnancy or childbirth.  This may include leave under FMLA, PFML, and Wentworth Institute of Technology Short Term Disability policy.  Giving birth is considered a medical condition covered by the Short-Term Disability Policy.  While this policy covers only Parental Leave, further information on applicable medical leaves is available in the Wentworth Institute of Technology FMLA policy. 

Legal

• M.G.L. c. 175M.: Family and Medical Leave  
• 29 U.S.C. § 2601 et. seq: Family and Medical Leave Act (FMLA)  
• MGL c.149, § 105D

Policy

Wentworth Institute of Technology provides eligible full-time employees with 12 weeks of Paid Parental Leave (hereinafter “Fully Paid Parental Leave”) once every calendar year, for the purpose of bonding with a new child. An employee is eligible for Paid Parental leave if:  

Employees who are eligible for both FMLA and PFML qualify to receive 12 weeks of Fully Paid Parental Leave. Under University Policy, eligible employees will receive their IAWW for up to 12 weeks of parental leave. During the seven (7) day statutory waiting period, the University will compensate the employee in the amount of the employee’s IAWW.

For employees who are eligible for PFML, the University will supplement the statutory benefits by paying the difference between the compensation provided under PFML and the employee’s pre-leave compensation, including any benefits paid for by the University during times when the employee is not on leave. For employees who meet the eligibility requirements under FMLA and the statutory earning requirements under PFML, but are denied PFML benefits for any other reason, the University will provide 12 weeks of compensation, at the Employee’s IAWW.

Employees may also be eligible to take medical leave related to pregnancy or childbirth, pursuant to FMLA, PFML, and Wentworth Institute of Technology Short Term Disability policy. Employees who take a medical leave may supplement available benefits with earned Paid Time Off, up to the amount of their regular salary.  

Definitions 

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

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

Full Time Employee: All full time staff, including faculty. Vendors are not typically considered employees.  Full-time employees include employees authorized by Human Resources to work 37.5 or more hours per week. Some regular full-time positions may be for the academic year only.

Family Medical Leave Act (FMLA): A federal law that provides eligible employees up to 12 work weeks of unpaid leave a year. All employees with twelve months of service, totaling at least 1,250 hours within the 12 months prior to the leave, are eligible for up to 12 weeks of unpaid leave during a twelve-month period for family care, including bonding with a healthy child.  

Family and Medical Leave Act (FMLA): The Family and Medical Leave Act 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.  

Massachusetts Parental Leave Act: 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.

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

Paid Family Medical Leave: A Massachusetts law that provides eligible employees with partially paid family and medical leave, including leave for bonding with a child. PFML is separate from both the federally mandated benefits offered by the Family Medical Leave Act (FMLA) and from leave benefits that may be offered by the University. Under PFML, an employee who has experienced a qualifying event is eligible for benefits, including partial wage replacement, if they meet the earning requirements established by law. To meet the earning requirements, an employee must have:

1. Earned at least thirty times the weekly PMFL benefit amount that they are eligible to receive during a requested leave and
2. Earned at least $5,700 dollars in the previous 12 calendar months. 

Paid 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.  

Full-time employees who have a child biologically, through adoption, or through foster care placement are eligible for up to 12 weeks of Paid Parental Leave once every calendar year and applies only to leave taken for the purpose of bonding with a new child.

Reduced Schedule Leave: Leave in which an employee works fewer than their usual number of hours per workweek or workday. Leave should generally be taken in increments of at least four (4) hours but may be taken in smaller increments on case-by-case basis, as necessary and appropriate and approved in writing in advance. For faculty, a reduced course load may be permitted as a form of reduced schedule leave.

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;

Procedure(s)

Eligibility

To be eligible for Paid Parental Leave, an employee must:

• Meet all earning requirements for PFML;
• Meet all FMLA requirements;
• File a claim with the University benefits provider, if applicable.
  • Current employees who do not qualify as full time and former employees who have been separated from the University for 26 weeks or fewer may be eligible for benefits under PFML, but will not be eligible for benefits under the Paid Parental Leave policy.    

Summary of Benefits

Statutory Benefits: Employees eligible under PFML may take up to 12 weeks for the purpose of bonding with a new child. During this period, Eligible Employees receive a percentage of their salary, mandated by statute

Paid Parental Leave Benefits: Employees eligible for Paid Parental Leave will receive their full compensation for up to 12 weeks of parental leave including compensation during the seven (7) day waiting period for PFML benefits. 

For employees who are eligible for PFML, the University will supplement the statutory benefits by paying the difference between the compensation provided under PFML and the employee’s pre-leave compensation, including any benefits paid for by the University during times when the employee is not on leave. For employees who meet the eligibility requirements under FMLA and the statutory earning requirements under PFML, but are denied PFML benefits for any other reason, the University will provide 12 weeks of compensation. 

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 paid parental leave, the University will provide compensation in an amount of the employee’s salary. 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.  

Leave Options

Leaves may be taken consecutively, intermittently, or on a reduced scheduled within the first twelve months following the birth of a child, adoption of a child, or foster care placement of a child into the home of an eligible employee.  

Concurrent Application of Leave Policies and Benefits

To the fullest extent possible, all leave available under law or policy must be taken concurrently.

• Paid Parental Leave runs concurrently with all statutory leaves, including, but not limited to, the FMLA, MPLA, and the PFML.
• Paid Parental Leave does not alter any existing benefits established in existing bargaining agreements. Employees must use Paid Parental Leave benefits concurrently with any leave benefits established through existing bargaining agreements. 

University Benefits During Family and Medical 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 Process 

The process for the coordination and implementation of Paid Parental Leaves is as follows:  

• Advanced Notice of Leave: Where possible or practicable, employees should notify the Office of Human Resources of the intent to take Paid Parental leave at least 30 calendar days prior to the scheduled leave. Requests for leave may be submitted via email to hrjobs@wit.edu and should include:  
  • The employee’s name  
  • The name of the employee’s supervisor  
  • The intended start date for the leave  
  • The anticipated duration of the leave  
  • A summary of the employee’s general work schedule  
  • The purpose(s) of the leave  
  • A statement regarding whether the employee is a full-time or part-time employee. Upon receipt of the request, the University may request additional documentation as applicable.  

Coordination of Leave: Upon receipt of the leave request, a designated University administrator will set up a meeting with the employee to coordinate the details of the leave. Prior to this meeting, the employee may be asked to complete relevant paperwork including certifications necessary to apply for PFML and FMLA leave.  

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 Office of Human Resources as soon as possible. Changes must be communicated in writing to the Office of Human Resources, and may be submitted via email at hrjobs@wit.edu  

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 Office of Human Resources will contact the employee via email 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, to the Office of Human Resources. 

Limitations

Additional rights or benefits may be available to employees under law and University policy. Nothing in this policy shall be read to contradict any rights established under state law, federal law, or any existing collective bargaining agreements.  

Additional Information & Related Documents

• Policy on Family and Medical Leave
• Non-Discrimination Policy  
• Policy on Pregnancy, Parenting, and Caregiving: Supportive Measures and Accommodations
• MAPFL Private Plan Employee Notice

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 implemented on July 1, 2022 and updated on 1/05/2024