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303B Paid Family and Medical Leave 

Eligible employees receive leave and benefits in accordance with the Boston University Paid Family and Medical Leave Law Policy (“BU PFML Policy”) and the below Paid Family and Medical Leave Program (“PFML Leave”). The BU PFML Policy can be accessed at the following link:  

Boston University Paid Family and Medical Leave Law Policy | Policies  

If there is a conflict between this PFML Leave policy and the BU PFML policy, the terms of this policy will govern. The University reserves the right to alter, change, or amend this policy, the BU PFML policy or this policy at any time in accordance with applicable laws and regulations.  

303B.1  Definition 

PFML Leave provides employees with an authorized paid absence from work for medical care, personal illness or injury, or the care of an ill member of the employee’s immediate family or any other reason required by applicable law. Immediate family members are the employee’s spouse, parents, parents-in-law, grandparents, siblings, children and any other relation required by applicable law. PFML Leave generally applies for absences longer than five (5) consecutive days or are of a regularly recurring nature. 

303B.2  Eligibility 

Employees who meet a financial eligibility threshold established by the Commonwealth of Massachusetts are eligible upon hire to receive and use PFML Leave. Employees who are not eligible for PFML Leave may be eligible for other forms of paid and unpaid leave provided under this Handbook, including Short-Term Sick Leave, BU Earned Sick Leave, and Parental Leave.  

303B.3 Accrual/Length of Leave 

The types and duration of PFML Leave available to an eligible employee upon hire are as follows: 

• • 26 weeks of medical leave if an employee is unable to work due to their own serious health condition; 

• • 12 weeks of family leave to provide care to a family member, including a child, with a serious health condition; 

• • 12 weeks of family leave to bond with a child during the first 12 months after the child’s birth, adoption, or foster care placement; 

• • 12 weeks of family leave for a qualifying exigency arising out of a family member’s current membership in the Armed Forces; and 

• • 26 paid weeks of family leave in a benefit year 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. 

In each benefit year, the maximum amount of PFML Leave that may be taken is 26 weeks in the aggregate. 

303B.4 Usage 

Employees are expected to apply for PFML when they need leave for a qualifying reason. PFML Leave may be approved by the University on a continuous, intermittent, or reduced leave schedule.  

PFML Leave taken on an intermittent basis may be taken in increments of no less than one (1) hour. In the case of leave to bond with a child during the first twelve months after the child’s birth, adoption, or foster care placement, leave may not be taken on an intermittent or reduced schedule basis unless permitted under another University policy. 

Employees who are not eligible for or exhaust their PFML Leave for their own serious health condition may request an extension of the leave as a reasonable accommodation through the University’s Equal Opportunity Office. Leave as a reasonable accommodation is generally unpaid unless an employee has accrued paid time to apply such as Vacation, Personal days or Short-Term Sick Leave.  

303B.5  Compensation and Benefits 

Employees on an approved PFML Leave will receive 100% of their base salary. Benefits are payable starting the first day of an employee’s PFML Leave. There is no waiting period for benefits to begin. 

During an approved PFML Leave, the University will continue to contribute to an employee’s health and dental benefits, if employee is enrolled in such benefits, at the level and under the conditions coverage would have been provided if the employee had continued working continuously for the duration of PFML leave. During the duration of the PFML Leave, employees will continue to have payroll deductions for their portion of the cost of their benefits. 

The benefits paid to employees during an approved PFML Leave will be reduced by the amount of wages or wage replacement that the employee receives for that period from other sources, as provided in the BU PFML Policy.  

PFML Leave is not counted as hours worked for purposes of calculating overtime. 

No paid leave benefits will be available to employees from the State-sponsored benefit plan administered by the Massachusetts Department of Family and Medical Leave, while the BU PFML Policy remains in effect. 

Employees are not compensated for unused PFML Leave at the time their employment with the University terminates. 

303B.6  Requests for Leave  

Employees must comply with the University’s Attendance policy (Section 202) when providing notice of the need for PFML Leave.  

If the need for PFML Leave is foreseeable, an employee must submit a request through the University’s third-party leave administrator, up to sixty (60) days and at least thirty (30) workdays in advance, unless not possible to do so. If the need for PFML Leave is unforeseeable, such as emergency illnesses or injuries, a request for PFML Leave must be submitted as soon as is practicable under the circumstances.  

303B.7  Return to Work/Fitness for Duty Medical Certifications  

Employees returning to work from PFML Leave taken for their own serious health conditions, excluding childbirth, must submit a medical certification to Occupational Health Services confirming they are able to return to work and to perform the essential functions of their position, with or without reasonable accommodation. The University may delay and/or deny job restoration until employees provide return to work/fitness for duty certifications. 

303B.8  Other Provisions  

Employees must apply for any applicable statutory or voluntary sources of leave and/or monetary benefits for which they are eligible as a condition of receiving PFML benefits pursuant to this policy, to the maximum extent permitted by applicable law. However, if any employees take leave under a different Boston University policy for a reason that qualifies for PFML, PFML leave will run concurrently regardless of whether the employee applies for benefits under the PFML Policy. 

To the extent permitted by law, PFML will run concurrently with any other statutory or voluntary sources of leave and/or monetary benefits for which the employee is eligible including the University PFML and FMLA. 

PFML provided pursuant to this policy is coordinated with any applicable statutory or voluntary sources of monetary benefits so that a qualifying employee may not receive more than 100% of their base compensation pay at any time, to the maximum extent permitted by applicable law.  Any pay provided under this policy will be supplemental and secondary to any applicable statutory or voluntary sources of monetary benefits.  

303B.9 Appeals 

Employees may submit an internal appeal if Paid Family or Medical Leave benefits are denied.  Information about the appeal process is available at: https://www.bu.edu/hr/paid-family-and-medical-leave/. Appeals must be submitted within ten (10) days of the denial of a request for benefits, unless extended for circumstances beyond the employee’s control.   Employees will be informed in writing of the outcome of the internal appeal and of their rights under the Law and applicable regulations. 

Employees also have a right to appeal to the Massachusetts Department of Family and Medical Leave (“DFML”).  Employees are required to participate in the internal appeal process prior to exercising their right to appeal with the DMFL.  The DFML may be contacted at MassPFML@Mass.gov. 

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