Faculty Personal and Family Leave Policies

Note: The following policy was approved by the University Council on November 17, 2020, and takes effect on January 1, 2021.

Faculty members are eligible for a leave of absence from work for qualifying personal or family reasons [1].  This Faculty Leave Policy describes the types of personal and family related absences for which faculty are eligible and their respective requirements.  Academic leaves, such as sabbatical and junior scholar leave, are described in the Sabbaticals and Leaves of Absence including Junior Scholar Leave Policy.

Qualifying personal and family leaves may be paid or unpaid. This Policy incorporates the provisions of the Family and Medical Leave Act (FMLA), the Massachusetts Paid Family and Medical Leave Law (PFML) and other relevant federal and state personal and family leave laws, and presents the University’s general service eligibility requirements for and specific details of each leave type. Additional information about FMLA and PFML policies and entitlements may be obtained from the Human Resources Service Center.

The tables below provide a brief overview of the types of leaves described in this Policy. (Click on the links provided to view the detailed requirements of each type of leave.)

Sections I-II (below the tables) provide detailed descriptions of each form of leave, including which types of leave benefits run concurrently and which may be used separately, and the type of documentation needed in order to support each form of leave.

PERSONAL LEAVES

(All types of Personal Leave run concurrently with leaves provided for under applicable federal and state laws, and separately from most other types of Personal Leave and from all Family Leaves)

  Category Type of Leave

(Note: some leave types run concurrently and some run separately)

 Qualifying Conditions BU Eligibility Summary BU Leave/Benefit Entitlement
A Personal Personal Medical Leave Serious health condition of faculty member See Appendix Upon employment Paid, up to 26 weeks
B Personal Childbirth Leave Pregnancy, Childbirth, and Recovery Upon employment

Paid, up to 6 weeks, for birth parent.

 

 
C Personal Other Leave Varies and may be discretionary Upon employment Unpaid, unless extenuating circumstances; period varies
D Personal Military Leave To fulfill military obligations as members of the United States Armed Forces (including National or State Guard) under applicable federal and state laws Upon employment Unpaid, up to 5 years or more
E Personal Jury Duty Leave Service on a jury or grand jury Upon employment Paid, up to 3 days
F Personal Sympathy Leave Death of immediate family member Upon employment Paid, up to 3 days
G Personal or Family Domestic Violence Leave Issues related to domestic violence against self or family member.  See Appendix Upon employment Paid, up to 15 days (need not be consecutive)

FAMILY LEAVES

(All types of Family Leave run concurrently with leaves provided for under applicable federal and state laws and with one another, and separately from all types of Personal Leave)

  Category Type of Leave

(Note: some leave types run concurrently and some run separately)

 Qualifying Conditions BU Eligibility Summary BU Leave/Benefit Entitlement
H Family Family Leave – Illness/Medical Condition

 Care for serious health condition of family member. See Appendix

Upon employment Paid, up to 12 weeks
I Family Family Leave – Child Bonding/Caregiving Birth, Adoption of a Child, or Assumption of New Foster Care Upon employment; parent or non-birthing parent completed within first 16 months of date of child’s birth, adoption, or assumption of new foster care

Paid, up to 14 consecutive weeks of full relief (may be taken in one semester increment), or the equivalent of 28 weeks of half relief (may be taken in two semester increments) from all obligations
J Family Family Leave – Military Qualifying Exigencies For family member active duty; see qualifying exigencies. See Appendix Upon employment Paid, up to 12 weeks
K Family Family Leave – Military Caregiving Leave Care for a family member who is a covered service member recovering from a “serious injury or illness” suffered in the line of active military duty. See Appendix Upon employment Paid, up to 26 weeks

Questions regarding the relationship between this Policy and any other University programs and benefit plans that are not addressed below should be directed to Human Resources at leaves@bu.edu.

General Information

The sections below provide more detail on each leave type. Information is provided both on benefits that BU provides and, in the Appendix, certain relevant provisions of federal and state personal and family leave laws. References to the University’s “Leave Administrator” refers to any external third party administrator retained by the University to process and approve Faculty Personal and Family Leave requests under this policy (except Personal – Jury Duty Leave, and Personal – Other Leave).

Application of State and Federal Leave Laws

To the extent applicable, leave provided for under federal and state laws will run concurrently with any leave requested or authorized under this Faculty Leave Policy and other applicable University policies, including but not limited to leave provided by the University’s Paid Family and Medical Leave Law Policy (http://www.bu.edu/policies/bu-paid-family-and-medical-leave-law-policy/); the federal Family Medical Leave Act (FMLA) and Uniformed Services Employment and Reemployment Act (USERRA); and the Massachusetts Paid Family and Medical Leave Act (PFML), Massachusetts Parental Leave Act (MPLA), Massachusetts Earned Sick Time Law (MESTL), Massachusetts Domestic Violence Leave Law (MDVLL), Massachusetts Juror Service Law, and Massachusetts Small Necessities Leave Act (MSNLA).

Conditions of Re-employment

A faculty member on an approved leave of absence pursuant to this Faculty Leave Policy is entitled to return to their previous position or to an equivalent position, without the loss of status and the benefits for which the faculty member was eligible on the date the leave commenced (faculty are responsible for payment of any applicable premiums during the leave). However, faculty members who fail to update the University’s Leave Administrator and their department chair regarding their intent to return to work and their expected date of return, and who fail to return by their expected return date may be considered to have resigned voluntarily from the University.

Sponsored Program Funded Faculty

During any paid absence provided for under this Faculty Leave Policy, salary contributions from sponsored awards are subject to the policies of the sponsor. For assistance regarding sponsored award effort commitment requirements, faculty members should work with their relevant department administrator and Sponsored Programs Research Administrator.

Job Protection

The University prohibits discrimination and retaliation against an employee faculty member who takes leave pursuant to this Faculty Leave Policy or who otherwise exercises rights provided for by applicable federal or state law. 

APPENDIX

This appendix sets forth provisions relevant to certain types of leave described in the Faculty Leave Policy.

PFML (Paid Family and Medical Leave Law)

The Massachusetts Paid Family and Medical Leave Law (PFML) allows eligible employees of the University to take periods of continuous or intermittent paid leave under the following qualifying events:

  • if an employee is unable to work due to their own serious health condition;
  • to provide care to a family member, including a child, with a serious health condition;
  • to bond with a child during the first 12 months after the child’s birth, adoption, or foster care placement (note that intermittent leave is unavailable to faculty for bonding leave, though faculty may choose to use the Family Leave – Child Bonding/Caregiving 28 consecutive week (or two semester) leave benefit option);
  • for a qualifying exigency arising out of a family member’s current membership in the Armed Forces; and
  • to care for a family member who is or was a covered service member of the Armed Forces and who requires medical care as a result of an illness or injury related to the family member’s active service.

Definitions

  • Child: A biological, adopted, or foster child, a stepchild or legal ward, a child to whom the employee stands in loco parentis, or a person to whom the employee stood in loco parentis when the person was a minor child, regardless of age or dependency status.
  • Covered Service Member: Either (i) a member of the Armed Forces who is (A) undergoing medical treatment, recuperation or therapy; (B) otherwise in outpatient status; or (C) is otherwise on the temporary disability retired list for a serious injury or illness that was incurred, or existed before the beginning of service and was aggravated, in the line of duty on active duty in the Armed Forces; or (ii) a former member of the Armed Forces who is undergoing medical treatment, recuperation or therapy for a serious injury or illness that was incurred, or existed before the beginning of service and was aggravated by and manifested before or after discharge or release from service, in the line of duty on active duty in the Armed Forces.
  • Domestic Partner: Person not less than 18 years of age who (i) is dependent on the employee for support as shown by either unilateral dependence or mutual interdependence that is evidence by a nexus of factors including, but not limited:  (A) common ownership or real or personal property; (B) common householding; (C) children in common; (D) signs of intent to marry; (E) shared budgeting; and (F) the length of the personal relationship with the employee; or (ii) has registered as the domestic partner of the employee with any registry of domestic partnerships maintained by the employer of either party, or in any state, county, city, town or village in the United States.
  • Employee: Any person employed by the University on a full-time, part-time, temporary, or seasonal basis.
  • Family member: The 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. 
  • Qualifying Exigency: A need arising out of a covered individual’s family member’s active duty service or notice of an impending call or order to active duty in the Armed Forces, including, but not limited to, providing for the care or other needs of the military member’s child or other family member, making financial or legal arrangements for the military member, attending counseling, attending military events or ceremonies, spending time with the military member during a rest and recuperation leave or following return from deployment or making arrangements following the death of the military member.
  • Serious health condition: An illness, injury, impairment or physical or mental condition that involves in-patient care in a hospital, hospice or residential medical facility; or continuing treatment by a health care provider.  The term serious health condition includes any period of incapacity due to pregnancy or for prenatal care.  The term serious health condition does not include cosmetic treatments or substance abuse disorders unless inpatient hospital care is required or unless complications develop . 
  • Benefit Year: The 52-week period beginning on the Sunday immediately preceding the first day that the leave starts.

FMLA (Family and Medical Leave Act)

The Family and Medical Leave Act allows eligible employees to take a period of up to 12 weeks in a 12-month period of job-protected leave under the following qualifying events:

  • birth or care of a well newborn son or daughter or adoption of a son or daughter less than eighteen (18) years of age (unless a person over eighteen (18) is incapable of self-care) or foster care placement of son or daughter with the employee;
  • employee’s own serious health condition;
  • or care of an employee’s spouse, son, daughter, or parent with a serious health condition.

Definitions (provided where different from or not provided in PFML)

  • Family member: The spouse, son, daughter, or parent of a spouse of the employee (parent includes a person who stood in loco parentis to the employee when the employee was a minor son or daughter but excludes in-laws). 
  • Serious Injury or Illness: The covered service member must be undergoing medical treatment, recuperation, or therapy, is otherwise on outpatient status, or is on the temporary disability retired “list” for a serious injury or illness. The serious injury or illness must be one that renders the service member unable to perform the duties of the service member’s office, grade, rank, or rating.

MDVLL (Massachusetts Domestic Violence Leave Law)

Definitions

  • Abuse: (i) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) 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; (iv) engaging in mental abuse, which includes threats, intimidation or acts designed to induce terror; (v) depriving another of medical care, housing, food, or other necessities of life; or (vi) restraining the liberty of another.
  • Abusive behavior: domestic violence, stalking, sexual assault, and kidnapping.
  • Domestic violence: abuse against an employee or the employee’s family member by: (i) a current or former spouse of the employee or the employee’s family member; (ii) a person with whom the employee or the employee’s family member shares a child in common; (iii) a person who is cohabitating with or has cohabitated with the employee or the employee’s family member; (iv) a person who is related by blood or marriage to the employee; or (v) a person with whom the employee or employee’s family member has or had a dating or engagement relationship.
  • Family member: (i) persons who are married to one another; (ii) persons in a substantive dating or engagement relationship and who reside together; (iii) persons having a child in common regardless of whether they have ever married or resided together; (iv) a parent, stepparent, child, step-child, sibling, grandparent, or grandchild; or (v) persons in a guardianship relationship.

Types of Domestic Violence Leave

An employee may request Domestic Violence Leave for the following reasons: seek or obtain medical attention; counseling, victim services, or legal assistance; secure housing; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member of the employee.

How to Request Domestic Violence Leave

Documentation Needed
An employee requesting Domestic Violence Leave must provide documentation showing that the employee or employee’s family member has been a victim of abusive behavior and that the leave taken is consistent with the domestic violence leave policy. An employee is not required to show evidence of an arrest, conviction, or other law enforcement documentation for such abusive behavior.  An employee shall provide such documentation to the University within 15 days after the University requests documentation relative to the employee’s absence:

  1. A protective order, order of equitable relief or other documentation issued by a court of competent jurisdiction as a result of abusive behavior against the employee or employee’s family member.
  2. A document under the letterhead of the court, provider or public agency which the employee attended for the purposes of acquiring assistance as it relates to the abusive behavior against the employee or the employee’s family member.
  3. A police report or statement of a victim or witness provided to police, including a police incident report, documenting the abusive behavior complained of by the employee or the employee’s family member.
  4. Documentation that the perpetrator of the abusive behavior against the employee or family member of the employee has: admitted to sufficient facts to support a finding of guilt of abusive behavior; or has been convicted of, or has been adjudicated a juvenile delinquent by reason of, any offense constituting abusive behavior and which is related to the abusive behavior that necessitated the leave under this section.
  5. Medical documentation of treatment as a result of the abusive behavior complained of by the employee or employee’s family member.
  6. A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee or the employee’s family member in addressing the effects of the abusive behavior.
  7. A sworn statement, signed under the penalties of perjury, from the employee attesting that the employee has been the victim of abusive behavior or is the family member of a victim of abusive behavior.

All information related to the employee’s leave under this section shall be kept confidential by Boston University and shall not be disclosed, except to the extent that disclosure is:

(i) requested or consented to, in writing, by the employee;
(ii) ordered to be released by a court of competent jurisdiction;
(iii) otherwise required by applicable federal or state law;
(iv) required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or
(v) necessary to protect the safety of the employee or others employed at the workplace.

FOOTNOTES

[1]School of Medicine professorial faculty, lecturers, and instructors who have employment contracts with practice plans do not receive the benefits described by the BU Faculty Handbook, but instead receive benefits in accordance with the policies adopted by the Boston University Medical Group.

[2]This policy was adopted by the University Council on November 17, 2020, to take effect January 1, 2021. 

Approved November 17, 2020