Section 1. Scope of Article
This Article provides certain leaves of absence from an employee’s appointment obligations. This Article does not cover leaves from an employee’s academic program at MIT; such leaves are subject to further MIT policies and processes that are not part of this Agreement.
Section 2. Sick Time
Employees have a right to paid sick leave during their appointment periods. Employees on 100% effort appointments will be eligible for up to twenty (20) hours of sick time for each appointment period, subject to a forty (40)-hour aggregate sick time cap in any twelve (12)-month period. Employees on partial appointments will be eligible for a prorated amount of sick time and will be subject to a prorated cap. These sick time amounts will be available to employees at the start of their appointments and will not be accrued. Employees must inform their supervisors of their need for sick time as soon as possible. Employees are permitted to use sick time in increments of fifteen (15) minutes or more, for any of the following reasons, consistent with the Massachusetts Earned Sick Time law:
A. The employee’s own illness or medical and dental appointments;
B. The illness of a member of the employee’s family or a medical or dental appointment for such a family member; or
C. During a leave related to domestic violence, as specified in MIT Policies and Procedures 7.5.7, Leaves of Absence for Victims of Domestic Violence.
Unless stated otherwise above, MIT will apply the terms and procedures of MIT Employment Policy Manual 4.3.8, Sick Time Under Massachusetts Earned Sick Time Law, to employees using sick time under this Section.
Section 3. Family and Medical Leave
Employees shall be eligible for up to twelve (12) weeks of leave, in any twelve (12)-month period, for the following reasons:
A. The employee’s own serious health condition, as defined by MIT Employment Policy Manual Section 4.3.6;
B. An employee’s bonding with a new child, within six (6) months of the child’s birth, adoption, or foster placement, and as otherwise consistent with MIT Employment Policy Manual Section 4.3.6; or
C. To care for a family member of the employee who has a serious health condition, as those terms are defined in MIT Employment Policy Manual Section 4.3.6.
Whenever possible, such leave should be requested at least thirty (30) calendar days in advance of the start of the leave, or as soon as practicable. The leave will not continue beyond the end date of the employee’s appointment.
Any paid leave benefits described in this Article shall run concurrently with leave provided in this Section, to the extent of any overlap. An employee will be eligible for a maximum of twelve (12) weeks of leave under this Section in any twelve (12)-month period, regardless of the number of qualifying events. The employee must follow MIT policies and procedures for requesting and documenting leave requests, providing notice, and other procedural matters.
During an approved leave under this Section, employees will not receive salary payments, unless otherwise provided under this Article, but will continue to receive tuition remission and health insurance coverage at the same rate as their appointment would have provided.
Section 4. Childbirth and Parental Accommodation
MIT will maintain its Childbirth Accommodation program for graduate students. Under this program, eligible employees giving birth to a child are eligible for two (2) months of leave. An employee who is a birth parent is eligible for both this Childbirth Accommodation and the Parental Accommodation below.
MIT will maintain its Parental Accommodation program for graduate students. Under this program, eligible employees who will become parents (including through birth, adoption, foster care placement, court order, or surrogacy) are eligible for one (1) month of paid leave following the birth or adoption/placement event. In addition, qualifying employees who are parents will be eligible for an additional four weeks of leave paid at an amount equivalent to the state formula rate as defined by MIT Employment Policy Manual Section 4.3.6.
Parental Accommodation must be taken within six (6) months of a new childbirth or placement. If each parent is an MIT graduate student, then each is eligible for Parental Accommodation. Employees expecting multiple children may take the above Parental Accommodation leave benefit for each child but will only receive salary and benefits continuation for one (1) month plus four (4) weeks per employee.
During an approved Childbirth Accommodation or Parental Accommodation, employees will continue to receive pay and benefits (tuition, salary/stipend, and health insurance, if applicable) at the same rate as their appointment would have provided, except as provided above.
Section 5. Bereavement Leave
Employees may be absent without loss of pay or benefits for up to five (5) business days when called for by a death in the family. In circumstances of logistical difficulty, severe emotional distress, or religious observance, a longer unpaid absence may be requested. However, if an employee has vacation available, they may use this time in order to be paid. Such requests for use of vacation will not be unreasonably denied.
For the purpose of this Section only, “family” shall mean father, mother, father-in-law, mother-in-law, son-in-law, daughter-in-law, domestic partners and their immediate family (parent or child), sister, brother, child, spouse, grandparent, grandchild, stepfamilies, or member of the household.
Section 6. Professional Development Leave
Employees may, upon approval by both their research supervisor and academic advisor, take unpaid leaves of absence for reasonable educational or professional development opportunities that advance their education goals. These may include but are not limited to full-time professional internships or short-term teaching or research appointments at another institution.
Section 7. Jury Duty
Employees summoned to serve on a jury or required by subpoena to appear as a witness in court are paid by the Institute the difference between any fee received from the court and the employee’s normal base pay, up to the employee’s total regularly scheduled hours per week, for the time period involved.
In order to receive this pay differential, the employee must have been hired prior to receiving notice to appear in court, must inform the supervisor of their intention to be absent from work, and must present a certified statement of earnings from the court for the period of service.
As court duty often does not require a full-time commitment, employees are expected to report to work on days or reasonable portions of days when attendance in court is not required.
An employee is not paid for witness duty when they are a party to the action.
Section 8. Military Leave
MIT shall comply with any applicable state and federal laws governing military service and leaves.
Section 9. Immigration Leave
Employees may be absent for up to three (3) business days per twelve (12)-month period, without loss of pay or employment benefits, in order to attend appointments and/or hearings scheduled with federal immigration officials or the US Department of State with respect to immigration or citizenship status of the employee or the employee’s family. A longer unpaid absence may be requested. However, if an employee has vacation time available, they may request to use this time in order to be paid. Such requests for use of vacation will not be unreasonably denied.
For the purposes of this provision, “family” shall mean mother, father, child, or spouse.
Section 10. Holidays
MIT sets the academic calendar each year and designates official MIT holidays. Employees are eligible for time off on Institute holidays on which they are scheduled to work, without loss of pay or benefits.
During a designated holiday, employees may be required to conduct work only when determined to be necessary by their supervisor. The supervisor shall discuss the necessity of such work with the employee in advance, unless such work is already specified in the appointment letter.
MIT will maintain Policies and Procedures 9.12.2, Student Absence for Religious Observances, and apply the same to employees. If an employee is not able to make up any missed time under said policy, the time off will be unpaid or, subject to Section 11 of this Article, may be taken as vacation time.
Section 11. Vacation
Employees shall be entitled to five (5) vacation days per full appointment period (September 1–January 15, January 16–May 31, June 1–August 31), up to a maximum of fifteen (15) vacation days within a twelve (12)-month period, without loss of pay or benefits. Vacation scheduling must be requested and approved in advance by an employee’s supervisor(s). Teaching assistants should normally not take vacation during times when they have duties to fulfill as specified in the appointment letter. Any unused vacation days may not be carried over to the following appointment period and shall be forfeited if not used within the applicable appointment period.
Section 12. Union Leave
A maximum of five (5) employees per academic year shall each be entitled to unpaid leaves of absence for contiguous Fall, Spring, and Summer terms for Union business. The Union shall pay for the salary, medical premiums, and tuition for employees continuing as students during this leave.
The Union shall have the option to request that employees on union leave be considered half-time employees of MIT, with a half-time (i.e., ten [10]-hour per week) appointment. MIT shall make reasonable efforts to identify such half-time appointments and, in the event an employee is offered and accepts such an appointment, MIT shall cover half of the students’ salary, tuition, and medical premiums, as set forth in this Agreement, for the duration of the appointment. Employees may receive advanced authorization from their academic and research supervisor(s) regarding the availability of a half-time appointment. In the event a half-time appointment is awarded, the employee will not be considered to be on an unpaid leave of absence.
Section 13. Union Conferences
A maximum of twenty (20) employees per academic year shall be eligible to use vacation time to attend union conventions, conferences, meetings, and training or to conduct other Union business. Any such leave shall not exceed ten (10) consecutive days per employee. The Union shall provide MIT with a list of employees intending to seek leave under this Section at least thirty (30) calendar days before the start of the event.
Section 14. Personal Leave
Leaves of short duration for personal reasons not otherwise covered by this Article may be granted at the discretion of the employee’s supervisor and are to be negotiated in good faith on a case-by-case basis. The duration of a leave under this Section will typically be up to two (2) weeks and shall not exceed four (4) weeks. During such leaves of absence, employees shall retain all salary and benefits.
Section 15. Reinstatement after Leave
Upon returning from a leave, the employee shall be restored to an appointment as research assistant, teaching assistant, or instructor G or shall be otherwise supported by MIT with equivalent funding.
No employee shall be discriminated or retaliated against in their employment for taking a leave of absence.
Section 16. Special Considerations for International Employees
International employees may, as a result of their visa status, face additional restrictions on their use of certain leaves in this Article and may require additional approvals before taking such leaves or engaging in outside activities while on leave. This is the case if the leave would impact the employee’s ability to maintain full-time enrollment as a student and/or would require authorization for non-MIT employment. In such cases the employee shall consult with their International Students Office (ISO) advisor, and the ISO advisor shall provide information to the employee on how their leave plans may affect their immigration status.