Overview of Leaves

Overview of Leaves

Learn about available leave types below.

About FMLA Leaves

Eligible employees may request leave without pay to care for a family member under the FMLA for a period of up to 12 weeks in any 12 month period for the following reasons: 

  • an employee's own serious health condition (including conditions related to pregnancy and childbirth);
  • the birth and care of the employee's newborn child (leave must be completed within 12 months of the date of birth);
  • placement of a child with the employee for adoption or foster care (leave must be completed within 12 months of the date of placement);
  • the serious health condition of the employee's child, parent, spouse, or partner, requiring the employee's participation in care;
  • any qualifying exigency arising out of the fact that the employee’s spouse/partner, son, daughter, or parent is a covered military member on active duty or has been notified of an impending call or order to active duty in support of a contingency operation; or
  • to care for a covered servicemember with a serious injury or illness if the employee is the spouse/partner, son, daughter, parent, or next of kin of the servicemember.

The specific provisions and eligibility requirements for “Family Medical Leave Act” leave are outlined in the MIT Personnel Policy Manual, Section 4.5. A Medical Certification Form is required for leaves related to the serious health condition of a family member. Additional certification may be requested.

FMLA Leave Types

When you request a leave using the Leave Request Form, you'll need to choose a category of FMLA leave. See details on each type of leave below.

Medical Leave

A medical leave is to be used when an employee is medically unable to work due to illness. Certification from a healthcare provider is required.

Maternity and Parental Leave

See MIT Paid Leave for New Parents for details on MIT's maternity and parental leave policies.

Military

The specific provisions and eligibility requirements for Military leave are outlined in Sections 4.11 and 4.12 of the MIT Personnel Policy Manual. 

Qualifying Exigency Leave

Eligible employees may take FMLA leave while the employee's spouse, son, daughter or parent (the "covered military member") is on active duty or call to active duty status for the one or more of the following qualifying exigencies:

  • Short–notice deployment
  • Military events and related activities
  • Childcare and school activities
  • Financial and legal arrangements
  • Counseling
  • Rest and recuperation
  • Post-deployment activities
  • Additional activities not encompassed in other categories, but agreed to by the employer and employee.

Amount of leave – Eligible employees may take up to 12 weeks of unpaid leave during a 12-month period. This is NOT an additional 12 weeks of leave, but merely a new basis for an eligible employee to take their existing 12 weeks of FMLA leave.

Certification of Qualifying Exigency for Military Family Leave Form (PDF)

Covered Servicemember Leave

Eligible employees are entitled to FMLA to care for a current member of the Armed Forces, including a member of the National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she undergoing medical treatment, recuperation, or therapy; or otherwise in outpatient status; or otherwise on the temporary disability retired list.

Amount of Leave - Eligible employees are entitled to take up to 26 workweeks of unpaid leave in a "single 12-month" to care for covered servicemember with a serious illness or injury incurred in the line of duty on active duty.

An eligible employee is entitled to a combined total of 26 workweeks of unpaid leave for any FMLA-qualifying reason during a "single 12-month period"

Spouses who are both employed by the Institute are allowed a combined total of 26 workweeks of leave during a single 12-month period for the care of a servicemember.

If an eligible employee does not take all of his or her 26 workweeks of leave entitlement to care for a covered servicemember during this "single 12-month period" the remaining part of his or her 26 workweeks of leave entitlement to care for a covered servicemember is forfeited.

Certification for Serious Injury or Illness of Covered Servicemember (PDF)

Understanding Paid and Extended Sick Leave

Learn how paid sick leave and extended sick leave work and how they are related to FMLA leave.

Paid Sick Leave for Support Staff

Regular full-time MIT employees on the Support Staff payroll accrue 12 sick days per anniversary year. In general, accrued sick leave may be used only in cases of accident or illness of the employee, and medical or dental examination and care. For more details on paid sick leave for MIT Support Staff, please refer to the MIT Personnel Policy Manual.

Example of How FMLA is Coordinated with Paid Sick Leave for MIT Support Staff
Jane Smith, who has been employed in a Support Staff position at the Institute for two years, requested a 2-week leave of absence for surgery. The medical certification form, completed and signed by her treating physician, states she needs medical leave due to a serious health condition. Jane has 3 weeks accrued sick time.

Based on the information above, Jane meets the eligibility requirements for leave provided under FMLA and the Institute's paid sick leave policy. Below is an illustration of how Jane will be compensated during her leave and how her FMLA usage will be tracked.

(Jane Smith)
Support Staff Sick Leave Example
  Beginning Balance Usage Ending Balance Pay During Period of Absence
Sick Time 3 weeks 2 weeks 1 week Full Pay
FMLA Usage 12 weeks 2 weeks 10 weeks Unpaid. Paid Sick Leave runs concurrently with unpaid FMLA leave.

Extended Sick Leave Policies for Support Staff

Employees on the Support Staff payroll are eligible for extended sick leave benefits after their sick time balance has been exhausted. As with sick leave, extended sick leave may be used only in cases where the employee is unable to work due to an accident or serious illness.

The Extended Sick Leave Plan (ESL) provides income protection for up to a total of 26 weeks (in any 12 month period), paid at 75% of the employee's base salary for up to the 26 week total. To receive benefits, the employee must be under the care of a legally qualified physician and absent on the physician’s advice (medical certification must be signed by a physician. For more details on extended sick leave for MIT Support Staff, please refer the MIT Personnel Policy Manual.

Example of How FMLA is Coordinated with Extended Sick Leave for MIT Support Staff
Maggie Smith, who has been employed in a Support Staff position at the Institute for three years, requested a 12-week leave of absence for serious illness. The medical certification form, completed and signed by her treating physician, states she needs medical leave due to a serious health condition. Maggie has 2 weeks of sick time accrued.

Based on the information above, Maggie meets the eligibility requirements for leave provided under FMLA and the Institute's paid extended sick leave policy. Below is an illustration of how Maggie will be compensated during her leave and how her FMLA usage will be tracked.

(Maggie Smith)
Support Staff Extended Sick Leave Example
  Beginning Balance Usage Ending Balance Pay During Period of Absence
Sick Time 2 weeks 2 weeks 0 weeks 100% of regular pay
ESL @ 75%    10 weeks N/A 75% of regular pay
FMLA Usage 12 weeks 12 weeks 0 weeks Unpaid. Paid Sick Leave runs concurrently with unpaid FMLA leave.

Paid Sick Leave for Administrative and Sponsored Research Staff

There is no formal method of sick leave accrual or accounting for members of the Administrative and Sponsored Research staffs; however, use of sick leave during regular working hours must be recorded. A reasonable number of justifiable absences are paid in full. Extreme cases of extended illness or accident will be treated on an individual basis, with due regard to length of service at the Institute and other relevant factors, and may be paid for the duration of the absence up to but not normally exceeding a period of six months. For more details on sick leave for MIT Faculty, Academic, Research and Administrative Staff, please refer to the MIT Policies & Procedures manual.

Illustration of How FMLA is Coordinated with Sick Leave for Administrative and Sponsored-Research Staff
John Smith, who has been employed in an administrative staff position at the Institute less than one year, requested a (2) two-week leave of absence for serious illness. The medical certification form, completed and signed by his treating physician, states he needs medical leave due to a serious health condition.

Based on the information above, John Smith meets the eligibility requirements under MIT sick leave. Since he does not have 12 months of service, however, he is not eligible for leave provided under FMLA. Below is an illustration of how John will be compensated during his leave.

(John Smith)
Administrative Staff Sick Leave Example
   Beginning Balance Usage Ending Balance Pay During Period of Absence
Sick Time N/A 2 weeks N/A Full Pay
FMLA Usage Not Eligible (has not completed 1 year of service)

Other Types of Leaves

Workers' Compensation

Learn more about Workers' Compensation leave.

Leave Provided Under the ADA as an Accommodation

Employees returning to work from medical leave may be eligible for certain types of leave under the American With Disabilities Act as an accommodation. Please refer to the guidelines on requesting accommodations under ADA.

Employees may also contact the Manager of Disability Services at 617-258-0617.

Employment and Benefit Protection

Upon return from leave, the employee will be reinstated to the same or equivalent job with the same pay, benefits, and terms and conditions of employment.

Employees on an unpaid leave status must contact MIT Benefits to make arrangements to pay insurance premiums. See a summary of benefits while on unpaid leave.