Massachusetts Addendum
In the event of a conflict between the Handbook and any provision of an applicable Addendum, the conflict will be resolved as follows:
- If a benefit provided by the University is more generous than the benefit provided in the applicable Addendum, the University will offer the employee the more generous benefit unless such benefit is limited by statute (e.g., to residents of or employees working in Colorado).
- If a University policy or procedure provides an employee with more protection than that provided under the applicable Addendum, the University’s more protective policy or procedure will apply to internal University processes, and the policy or procedure specified in the applicable Addendum will apply to external proceedings in the applicable state or local agency.
For example, if the University’s Discrimination and Harassment Policy includes more protected statuses than a particular state provides, the University’s Discrimination and Harassment Policy and the applicable procedures established by the Office of Equal Opportunity & Title IX (EOIX) will apply to a report or complaint filed with EOIX. For a complaint filed with the state or local civil rights agency, the protections afforded under the state Addendum will apply.
Employees with questions about the Handbook or any applicable Addendum should contact their HR Partner at AskHRPartners@du.edu.
Massachusetts
Equal Employment and Anti-Discrimination Policy
This provision reflects state specific information regarding this subject. Please refer to the University of Denver’s Non-Discrimination Statement and Discrimination and Harassment policy for further information.
The University of Denver is an equal opportunity employer and makes employment decisions based on merit and University needs. Creating an inclusive and professional environment where employees feel comfortable, safe, and free from inappropriate and disrespectful conduct is one of the University’s core values.
The University of Denver does not discriminate against (in any aspect of employment, including recruiting and hiring, job assignment, compensation, opportunities for advancement, promotion, transfers, evaluation, benefits, training, discipline, and termination), nor does it tolerate harassment by any person, including, co-workers, supervisors, and third parties, on the basis of the following Protected Characteristics: In Massachusetts: race (including hair texture, hair type, and protective hairstyles such as braids, locks, and twists that are historically associated with race), color, religious creed, national origin, sex, status of pregnancy or related conditions (including lactation or the need to express breast milk), age (40 and older), sexual orientation, ancestry, genetic information, gender identity, handicap (disability), and military or veteran status.
Information about the Massachusetts Commission Against Discrimination can be found at www.mass.gov/mcad or by calling 617-994-6000 or 617-994-6196 (TTY).
Massachusetts Paid Family and Medical Leave
The University of Denver provides paid family and medical leave in accordance with Massachusetts Paid Family and Medical Leave (PFML).
Massachusetts employees or independent contractors are eligible for PFML if they have earned $5,100 during the last four calendar quarters, and at least 30 times more than how much weekly PFML pay they would be eligible to receive. Eligible employees may take up to 26 weeks of PFML in a consecutive 52-week period for any combination of the following reasons:
- Up to 12 weeks to care for the employee’s child after birth or placement for adoption or foster care;
- Up to 12 weeks to manage any needs that take place immediately after a family member is deployed in a foreign country or has been notified of an upcoming deployment in a foreign country;
- Up to 20 weeks for the employee’s serious health condition which renders the employee unable to perform the functions of the employee’s position;
- Up to 12 weeks to care for the employee’s family member with a serious health condition; or
- Up to 26 weeks to care for the employee’s family member who is a covered service member.
For purposes of PFML, “family member” means an employee’s sibling, spouse, domestic partner, child, grandchild, parent, grandparent, parent of their spouse or domestic partner, or a person who stood in loco parentis to the employee when the employee was a minor child.
While on PFML, employees will receive wage replacement through the Family and Employment Security Trust Fund. PFML runs concurrently with leave taken under other applicable state and federal leave laws, including the Massachusetts Parental Leave Act and the federal Family and Medical Leave Act, when the leave is qualified under those acts.
PFML taken for the birth or placement of a child, or when a family member is deployed may be taken intermittently or on a reduced leave schedule. PFML taken for other reasons may be taken intermittently or on a reduced leave schedule when medically necessary.
Employees must give at least 30 days’ notice to the University of Denver of the anticipated starting date, length, and return date from their PFML.I If there is a delay resulting from reasons beyond the employees’ control, they must provide notice as soon as practicable. The University of Denver may require employees to provide certifications for PFML. Any medical or health information required to be produced in connection with an employee’s PFML certification will be kept confidential and will not be disclosed except with the employee’s permission unless disclosure is otherwise required by law.
During PFML, employees may maintain any employment-related health insurance benefits at the level and under the conditions the coverage would have been provided if the employee had continued working continuously during their taken. Employees must continue to pay their portion of the insurance premium.
Employees who have taken PFML will be restored to their old position or to an equivalent position with the same status, pay, employment benefits, length-of-service credit, and seniority, unless other employees of equal length of service credit and status in the same or equivalent positions have been laid off due to economic conditions or other changes in operating conditions. If the economic conditions or changes occurred during their leave, the employee returning from PFML will be provided any preferential consideration for another position to which they were entitled upon beginning PFML.
The University of Denver will not discharge, fire, suspend, expel, discipline, or otherwise discriminate against employees for requesting or taking PFML. The University of Denver will also not interfere with, restrain, or deny an employee’s exercise of (or attempts to exercise) any rights provided by PFML.
Holidays
Massachusetts’s “Blue Laws” prohibit most companies from operating on certain holidays. More information, along with a list of possible exemptions, is available at https://www.mass.gov/guides/working-on-sundays-and-holidays-blue-laws on Massachusetts's website.
Jury Duty Leave
The University of Denver encourages all employees to report for jury duty. Massachusetts employees, including part-time, full-time, temporary, and casual employees in Massachusetts will be paid their regular wages for the first three days of state jury duty service. For part-time, temporary, and casual employees to be eligible for leave under this policy, their schedule three months prior to jury service must reasonably show that they would have worked on the days on which they have jury duty. Any additional days of leave to serve on a jury will be unpaid, except that exempt salaried employees will not have their pay reduced for any week in which they work and also miss time for jury duty.
After receiving a summons for jury duty, employees must notify the University of Denver as soon as reasonably possible. The University of Denver may request reasonable documentation of jury duty service to the extent permitted by law. The University of Denver will not discharge, discipline, retaliate against, coerce, or otherwise penalize employees who are absent to attend judicial proceedings in response to a summons for jury duty.
Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this policy.
Meal and Rest Breaks
Non-exempt Massachusetts employees who work at least six hours in their workday are entitled and expected to take an unpaid, off-duty, 30-minute meal break. Employees will be relieved of all duties for the full meal break and are free to leave the premises during that time. Failure to take full meal breaks is a violation of University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.
Military Service Leave
Massachusetts employees who are members of the state armed forces or a reserve component of the armed forces of the U.S. may take up to 40 days of military leave per year for service in the uniformed services, certain annual training, or certain drills and parades.
Overtime Policy
Employees who work in Massachusetts may also be subject to the Commonwealth’s “Blue Laws,” which prohibit most employers from requiring employees to work on Sundays and certain holidays. Employees can still voluntarily work on Sundays and holidays and may be entitled to premium pay, but they will not be coerced into doing so. More information, along with a list of possible exemptions, is available at http://www.mass.gov/lwd/labor-standards/dls/mass-blue-laws/overview.html on Massachusetts’s website.
Sexual Harassment Policy
Massachusetts employees can contact the Massachusetts Commission Against Discrimination to file a complaint. The office is located at 1 Ashburton Place, Suite 601, Boston, MA 02108. The commission can be contact by phone at (617) 994-6000 or (617) 994-6196 (TTY), by fax at (617) 994-6024, or by email at mcad@mass.gov. Employees can visit https://www.mass.gov/file-a-complaint-of-discrimination to file a complaint.
Sick Leave
Employees in Massachusetts accrue paid sick leave at a rate of one hour for every 30 hours worked, up to a total of 40 hours per year. Employees may use up to 40 hours per year of sick leave for the following reasons:
- Physical or mental illness, injury, or medical condition of the employee or a family member that requires home care, professional medical diagnosis or care, or preventative medical care;
- Routine medical appointments of the employee or a family member;
- Time off to address the psychological, physical or legal effects of domestic violence; or
- Other reasons provided under applicable law.
For purposes of this policy, a “family member” means the employee's child, spouse, parent, or parent of a spouse.
If the need for sick leave is foreseeable, employees must provide reasonable advance notice to the University and make a reasonable effort to schedule the use of sick days in a manner that does not unduly disrupt the operations of the University of Denver. If the need for sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. If employees have a serious illness or injury or employees are absent for 24 hours or more, the University of Denver may require reasonable documentation that the paid sick time has been used for a purpose set forth in this policy. Sick leave may run concurrently with federal family and medical leave, Massachusetts paid family and medical leave, small necessities leave, parental leave, and/or domestic violence leave.
Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick days will not be paid upon termination of employment. If employees separate from the University of Denver and are rehired within one year from the date of separation, any unused paid sick days will be reinstated, and employees may use those previously unused paid sick days.
Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this policy. The University of Denver will not retaliate against an employee for the employee’s use of, or attempt to use, sick days. In addition, an employee will not be retaliated against for filing a complaint alleging violations of sick leave laws; for cooperating in an investigation or prosecution of an alleged violation of sick leave laws; or opposing any policy, practice, or act prohibited by any applicable sick leave laws.
Parental Leave
For employees who have completed the Organization’s initial probationary period (not to exceed three months) or, if not subject to any such probationary period, they have been employed full-time by the University of Denver for three consecutive months, the University of Denver provides Massachusetts employees with up to eight weeks of unpaid time off for giving birth or for the placement of a child under 18 (or under 23 if the child is mentally or physically disabled) for adoption.
Parental leave will run concurrently with any other leave an employee is eligible for—like FMLA (if applicable) or Massachusetts Paid Family and Medical Leave—to the extent not prohibited by law. Employees must provide at least two weeks’ notice of a request for leave, which should include the dates the employee expects to begin and return from leave. If two weeks’ notice is not possible for reasons beyond the employee’s control, they should provide as much advance notice as possible. Employees suffering from a pregnancy-related disability who require reasonable accommodation (which may include leave) should contact HR Partners at AskHRPartners@du.edu to discuss a reasonable accommodation. Employees may be required to submit medical certification of their disability.
Employees on parental leave are still eligible to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, and plans or programs for which they were eligible prior to the leave. However, the leave will not be included in the computation of the benefits, rights, and advantages. The Organization will not pay for the cost of any benefits, plans, or programs during the parental leave unless the University of Denver provides it to all employees who are on a leave of absence. Employees’ jobs will be held for them in accordance with applicable law while they are on leave under this policy. Upon returning from leave, employees will be restored to their same or like position with the same status, pay, seniority, and leave they had prior to the leave. If an employee is on pregnancy-related disability leave, they must submit a doctor’s certification stating that they are medically able to return to their normal duties. An employee’s continued absence from work beyond the disability leave period (as determined by the employee’s physician) and exhaustion of all other available leave may be deemed a voluntary abandonment of their job. Nothing in this policy requires the University of Denver to reemploy individuals who are not eligible for reemployment rights under applicable law.
The University of Denver will not discriminate; retaliate; deny employment, reemployment, promotion, or any other benefit of employment; subject to any adverse employment action; discipline, intimidate, or retaliate against any employee or applicant for requesting or taking parental leave.
Volunteer Firefighter and Emergency Medical Technician Leave
Massachusetts employees who are volunteer, call, reserve, or permanent-intermittent members of the fire department or ambulance department may take unpaid time off to respond to an emergency (which means responding to, working at the scene of, or returning from a fire, rescue, emergency medical service call, hazardous materials incident, or a natural or man-made disaster in the good faith belief that the action is necessary to prevent the imminent loss of life or property. This leave does not apply to not include any person who received compensation for over nine hundred and seventy-five hours of services rendered in such a capacity over the preceding six month period.
Employees must provide the University of Denver reasonable advance notice of the need for leave under this policy. The University of Denver may request reasonable documentation reflecting the need for such leave, such as a signed statement from the fire chief or ambulance chief of the date and time the employee responded to and returned from an emergency. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy.
Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.
Witness Duty Leave
Massachusetts employees may take unpaid time off to appear in court to comply with a subpoena or court order to attend a criminal proceeding relative to the crime, as a witness or victim.
Employees must provide the University of Denver reasonable advance notice of the need to take time off under this policy. The University of Denver may request reasonable documentation reflecting the need for such leave. The University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential, except as required by law. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy.
Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.
Workweek and Work Schedules
Non-exempt, full-time Massachusetts employees who work six consecutive days are entitled to 24 hours of rest.