Human resources division


Use of Paid Leave to Offset Unpaid Small Necessities Leave



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5.19 Use of Paid Leave to Offset Unpaid Small Necessities Leave
If an employee has accumulated sick, personal, or vacation credits at the commencement of his/her small necessities leave, the employee may use such credits for which he/she may be eligible under the applicable rules. The Act does not require employers to provide paid sick leave or paid medical leave in any situation where the employer would not normally provide such paid leave.
5.20 Notice Requirements for Small Necessities Leave
At least 7 days in advance, the employee shall submit to the Appointing Authority a written notice of his/her intent to take small necessities leave and the date and expected duration of the leave. If 7 days notice is not possible, the employee shall give notice as soon as practicable.


6.00 MILITARY LEAVE
6.01 Paid Military Leave
Employees are entitled to receive their regular pay while performing certain duties in the armed forces of the Commonwealth. An employee shall be entitled to receive pay during the time of his/her service in the armed forces of the Commonwealth during the circumstances outlined in M.G.L. Chapter 33, §§ 38, 40, 41, or 60. Employees shall present their signed, official military orders to their agency or department head.
Employees are entitled to receive their regular pay from the Commonwealth while performing their annual tour of duty (ATD). State employees are entitled to receive regular pay not exceeding thirty-four (34) days in any state fiscal year and not exceeding seventeen (17) days in any federal fiscal year during their ATD.
Such employees shall also be entitled to the same leaves of absence and vacation with pay given other employees under Chapter 33, §59.
6.02 Call to Active Duty from U.S. Armed Forces Reserves
An employee in the service of the Commonwealth who is a member of a reserve component of the armed forces of the United States and who is called for duty other than the annual tour of duty of not exceeding 17 days shall be subject to the provisions of Chapter 708 of the Acts of 1941 as amended, or Chapter 805 of the Acts of 1950 as amended, or Chapter 671 of the Acts of 1966 and amendments thereto. He/she is also subject to the provisions of 38 U.S.C. Chapter 43, §§2021 to 2024, as amended, and shall be entitled to all rights and benefits derived therefrom.
6.03 Unpaid Military Leave Due to Active Duty


  1. An employee who tenders his/her resignation or otherwise terminates his/her service for the purpose of serving in the military or naval forces of the United States, and who does so serve or is rejected for such service, shall be considered to be on unpaid military leave, except as otherwise provided by Chapter 708 of the Acts of 1941 as amended or 38 U.S.C. Chapter 43, §§2021 to 2024, as amended.




  1. No such employee shall be considered to have resigned from employment with Commonwealth or to have terminated such service, until the expiration of two years from the termination of his/her military or naval service.


6.04 Part-Time Employees
Regular part-time employees shall be entitled to all of the above military leave benefits.
6.05 Employees Called Up to Active Duty
Upon returning to their state positions, employees who have been called to active military service by the United States of America shall be entitled to sick leave, vacation leave and personal leave that they would have accrued had they been on the payroll during their absence for military leave.
7.00 COURT LEAVE
7.01 Court Leave for Jury Duty
Employees called for jury duty shall be granted court leave. Notice of service shall be filed with the Appointing Authority upon receipt of summons. This applies to both full and regular part-time employees.
7.02 Jury Fees
If jury fees received by an employee from the court equal or exceed the employee’s regular rate of compensation, the employee may retain the excess of such fees and shall turn over to the Appointing Authority the regular rate of compensation with a court certificate of service and shall be deemed to be on leave of absence with pay.
7.03 Court Leave Due to Witness Summons


  1. Employees who are summoned to appear as witnesses on behalf of the Commonwealth, or any town, city, or county of the Commonwealth, or on behalf of the Federal Government, shall be granted court leave. Notice of service shall be filed with the Appointing Authority upon receipt of summons. Employees who are on court leave for this purpose and who receive witness fees for services during their regular office hours shall pay those fees to the Commonwealth.




  1. If an employee is summoned to appear as a witness because of the duties of an additional position with a public jurisdiction other than the Commonwealth, the employee shall not be granted court leave.


7.04 Court Leave Not Granted
Court leave shall not be granted when an employee is the defendant, is summonsed as a witness for a defendant (except as in 7.03) or is engaged in personal litigation.
7.05 Court Leave While on Vacation
If an employee is called for jury duty or witness service and such jury duty or witness service occurs during the employee’s vacation, the employee need not pay those fees to the Commonwealth.
7.06 Expense Reimbursement
Expenses reimbursed for travel, meals, room hire, etc. for the purpose of jury duty or witness service shall be retained by the employee and shall not be considered as part of the jury or witness fees.
7.07 Return to Work
When an employee has been granted court leave for jury duty or witness service, and is excused by proper court authority, the employee shall report back to official place of duty whenever the interruption in jury duty or witness service will permit four or more consecutive hours of employment.
7.08 Employment Rights
Court leave shall not affect employment rights, opportunities or benefits.
8.00 OTHER LEAVE
8.01 Bereavement Leave
Full-time and regular part-time employees shall be granted a leave of absence with pay for a maximum of four days upon evidence satisfactory to the Appointing Authority of the death of a spouse, child, step-child, parent, step-parent, brother, sister, grandparent, grandchild, spouse's parent, a person for whom the employee is the legal guardian, a person for whom the employee is primarily responsible for making funeral arrangements or a person living in the employee's household. This leave may be used, at the option of the employee, within thirty (30) calendar days from said death. In extraordinary circumstances, at the discretion of the appointing authority, bereavement leave may be used after thirty (30) calendar days from the date of death.
Upon evidence satisfactory to the Appointing Authority, an employee shall be granted one (1) day of leave without loss of pay to attend the funeral of the brother, sister, grandparent or grandchild of the employee's spouse.
8.02 Funerals of Veterans
Veterans who are members of firing squads, color details, pallbearers, buglers or escorts shall be granted leave of absence with pay to participate in funeral services for other veterans.
8.03 Inoculations
Employees shall be granted leave of absence with pay for loss of time due to prophylactic inoculation required as a result of their employment. If such leave with pay exceeds one week, the Appointing Authority shall immediately initiate a Workers' Compensation claim, and paid leave because of such prophylactic inoculation shall cease.
8.04 Quarantine
Employees shall be granted leave of absence with pay for the period of absence due to quarantine because of exposure to contagious disease in the regular performance of duty.


    1. The Extended Illness Leave Bank (EILB)


Employees who become members of the EILB are eligible for a maximum of 120 days of paid leave over a two-year period in accordance with M.G.L. Chapter 7, §4P and established procedures when experiencing an extended illness or injury. Intermittent employees are not eligible to join the EILB.
8.06 Other Leaves of Absence With Pay
Full-time and regular part time employees shall be granted leave of absence with pay due to the following reasons for absence. Intermittent employees are not eligible for any of the following leaves of absence with pay:


  1. Blood donations and, if eligible, annual awards ceremony, in conjunction with the Massachusetts State Employees’ Blood Program (four hours maximum).




  1. Oral, written and physical examinations for state service conducted by the Human Resources Division or the Division of Registration.




  1. Appeal hearings for state service conducted by the Human Resources Division or the Division of Registration.




  1. Attendance at hearings in Industrial Accident cases as the injured person or as a witness. (Any witness fees received shall be refunded to the Commonwealth.)




  1. To render services of a voluntary nature during regular working hours to a public elementary, secondary or vocational-technical school in order to assist in the improvement of a student’s or school’s educational program, or to act as a mentor in a program through The Mass Mentoring Partnership, not to exceed one work day a month and based upon a schedule approved by his/her supervisor (M.G.L. Chapter 29, §31E).




  • The one day a month of paid voluntary leave may be applied for necessary preparations and legal proceedings related to foster care of DSS children.




  1. Domestic Violence Policy: 15 days of paid leave (and up to 6 months of unpaid leave) for victims to attend to issues resulting from domestic violence.




  • The Personnel Administrator may approve emergency paid leave for an employee as a result of a state or national emergency. An employee on a prior approved leave of absence or scheduled vacation, sick, personal or compensatory leave during the emergency closing shall not have his/her leave changed to emergency leave.




  1. For participation in a bone marrow donor program or an organ donor transplant, a maximum of five (5) days of leave of absence with pay shall be granted to undergo the medical procedure and for associated physical recovery time.




  • A leave of absence with pay for the purpose of serving as an American Red Cross volunteer in specialized disaster relief services in connection with any disaster at the request of the American Red Cross for such an employee's services. The leave shall be approved at the sole discretion of the employee's supervisor and shall be limited to a total of 15 calendar days per calendar year. Authorized leaves of absence shall be limited to only those employees who are registered as certified disaster service volunteers of the American Red Cross disaster services human resources network.


8.07 Delegates to Conventions of Veterans’ Organizations
Employees who are delegates or alternates to state or national conventions of veterans’ organizations recognized by the Department of Veterans’ Services shall be granted leave of absence with pay to attend those conventions.
8.08 Skeleton Force
Leave with pay may be granted for so-called "Skeleton Force". Compliance with the "Skeleton Force" authorization shall only be accomplished by the Appointing Authority subject to the conditions that the work of the department or institution will not be hampered and that the statutory requirements pertaining to office hours will be complied with. Employees required to work during Skeleton Force shall not be granted compensatory time off or additional pay in lieu thereof.
If a Skeleton Force is authorized on a day on which an employee is not scheduled to work or if the employee had received approval, prior to the Skeleton Force authorization, to use sick, vacation or personal leave credits, the employee shall be treated the same as if a Skeleton Force had not been authorized.
8.09 Voting Leave
Full-time and regular part-time employees whose hours of work preclude them from voting in a town, city, state or national election shall, upon prior written approval of the Appointing Authority, be granted a voting leave with pay not to exceed two hours, for the sole purpose of voting in such election.
8.10 Authorized Leave of Absence Without Pay
The Department/Agency Head, or his/her designee, may grant an employee a leave of absence without pay, or an extension of such a leave, upon written request of the employee. The request shall include a detailed statement of the reason for the requested leave and, if the absence is caused by illness or injury, shall be accompanied by substantiating proof of such illness or injury. A copy of the approved request shall be placed in the employee’s personnel file.
A leave of absence shall not be granted for a period in excess of three months without prior approval by the Appointing Authority.
If an employee shall fail to return to his/her position upon completion of the period for which a leave of absence without pay has been granted, the Appointing Authority shall, within 14 days after the completion of such period, give notice that the employee is considered to be terminated.

9.00 TRAVEL EXPENSES AND MEAL REIMBURSEMENT


9.01 Out of State Travel
No expenses for out-of-state travel, including the use of state-owned cars, shall be reimbursed unless prior approval is given by the Appointing Authority and Cabinet Secretary (M.G.L., Chapter 30, §25B).
9.02 Economy of Travel Expenses
In every case the means of transportation which is least expensive to the Commonwealth and which is in the interest of economy, with proper consideration to the circumstances, should be used. Railroads or busses are preferred to transportation by plane, taxi or privately-owned automobile. Commutation and reduced-rate round trip tickets shall be used when possible. The cost of transportation shall include fares less federal taxes. Pullman charges will not be reimbursable for distances less than 100 miles; when they are used, Pullman check or voucher shall be submitted. Reference should be made to the detailed procedures for cost-effective authorized travel as issued from time to time by the Secretary of Administration and Finance.
9.03 Travel Between Home and Work Assignment


  1. Transportation of any kind between an employee’s home and permanently assigned office (official headquarters) is not reimbursable (M.G.L., Chapter 30, §25).




  1. If employees travel from home to temporary assignments rather than to their permanently assigned offices, transportation expenses shall be allowed either for the distance from their homes to places of temporary assignment, or from their permanently assigned offices to places of temporary assignment, whichever is nearer.




  1. In all instances in which the Appointing Authority assigns the employee’s home as his/her permanent office, prior approval must be given by the Personnel Administrator before such assignment becomes valid.




  1. The designation of the permanently assigned office for purposes of this rule by the Appointing Authority with the approval of the Personnel Administrator shall be final unless the employee files an appeal within 10 days in accordance with Rule 1.05.


9.04 Full Travel Status
This is defined as temporary absence from home on assignment to duty for more than 24 hours. The following items shall be reimbursable while on full travel status:


  • Reasonable charges for hotel rooms, based upon submission of receipted hotel bill.




  1. Reasonable tips other than those for meals.




  1. Telephone and facsimile (fax) charges over 25 cents, if itemized and listing the exchange called or place to which fax was sent.


9.05 Unallowable Travel Expenses
Reimbursement shall not be made for expenses incurred for the sole benefit of the traveler, such as valet service, entertainment, laundry service, etc.
9.06 Duration of Full Travel Status
Full travel status, other than out-of-state travel, for any employee shall not exceed a period of 30 consecutive days unless prior approval is given by the Personnel Administrator.
9.07 Use of State-owned Automobiles


  1. State-owned cars shall be used on official business only. They shall not be operated outside the necessary working hours (working hours to include time required to travel to and from place of authorized garaging).




  1. Pleasure riding or use for private purposes is absolutely forbidden.




  1. No operator of a state-owned motor vehicle shall transport a passenger or passengers other than those traveling on official business except with the approval of the Appointing Authority.


9.08 Liability When Using State-owned Automobiles
Operators are personally responsible for damage liabilities arising from accidents occurring during non-work related travel or involving passengers not traveling on official business. Any accident in which a state-owned vehicle is involved shall be reported immediately to the Secretary of Administration and Finance. Any such accident involving death or personal injury shall be reported immediately in writing to the Registrar of Motor Vehicles. (M.G.L., Chapter 90, §26).
9.09 Reimbursement of Expenses of State-owned Automobiles
Reimbursement shall be allowed for expenses incurred in the operation of state-owned cars, including charges for gas, oil and reasonable charges for minor repairs, public garage and parking fees, toll charges and reasonable charges for car washing.
9.10 Privately-owned Automobiles and Mileage Rate


  1. When use of a person's private automobile is necessary and has been authorized by the Appointing Authority, the approved mileage rate will be allowed. In addition to the approved mileage rate, reimbursement will be allowed for reasonable charges for tolls, garaging and parking.




  • From time to time, the Secretary of Administration and Finance may adjust the mileage rate up or down, depending upon current conditions.




  1. For each trip, the city or town visited must be reported. If several addresses are visited within a city or town, state the number visited and total mileage covered.




  1. Mileage reported shall be based upon actual odometer readings or computed from a recognized mileage chart.




  1. Private automobile mileage reimbursement shall be payable only to one of two or more employees traveling together in the same vehicle.


9.11 Unallowable Expenses for Automobiles


  1. No reimbursement shall be allowed or obligation incurred for the private garaging of a state-owned automobile operated by an employee as transportation from the place of employment to the vicinity of residence.




  1. No payment shall be made or obligation incurred for the garaging of any automobile in private garages under any circumstances except upon prior approval by the Secretary of Administration and Finance.




  1. No charges for simonizing, polishing, or repainting will be allowed unless approved in advance by the State Purchasing Agent.


9.12 Meal Reimbursement


  1. The rules on meal reimbursement (Rules 9.12 to 9.18) apply to all persons employed by offices, departments, boards, commissions and other agencies receiving state appropriations (see Rule 1.04 and M.G.L., Chapter 7, §28).




  1. Reimbursement shall be allowed for meals while on full travel status.


9.13 Amount of Meal Reimbursement
Employees who are required to travel to other locations for business shall receive a per diem payment of $30.00 for meals, for each whole day during which they are on such assignment.


  1. A whole day shall be a 24 hour period commencing at midnight;

  2. The duration of travel shall begin from the employee’s departure from his/her home or work location directly to the destination of the travel assignment, and shall conclude with the employee’s arrival at his/her home or work location directly from such travel assignment.


The rates above shall apply only when meals are not included in the rate charged for lodging or otherwise included in registration or conference fees.
For travel for partial day periods (see rules 9.15 through 9.17), individual meal allowances are as follows:

 

Breakfast: $6.00



Lunch: $8.00

Dinner: $16.00
9.14 Meal Reimbursement for Certain Unclassified Employees


  1. Rule 9.13 shall not apply to any Cabinet Secretary or Department Director.




  1. Reimbursement for those persons shall be the reasonable and necessary meal expenses as may be allowed by the Appointing Authority or person designated by statute to approve expenses.


9.15 When Meals May be Reimbursed
For travel status of 24 hours or more, the following are the allowances on the first day:

 


  1. When travel status begins before 6:00 A.M., the person will be entitled to the entire per diem amount.




  1. When travel status begins between 6:00 A.M. and noon, the person will be entitled to midday and evening meals.




  1. When travel status begins between noon and evening, the person will be entitled to the evening meal.


For travel status of 24 hours or more, the following are the allowances on the final day:


  1. When travel status ends between 6:00 A.M., and noon, the person will be entitled to breakfast.




  1. When travel status ends between noon and 6:00 P.M., breakfast and midday meals will be allowed.




  1. When travel status ends after 6:00 P.M., the entire per diem amount will be allowed.


Breakfast at the beginning and evening meal at the end of travel status will not be allowed unless the charge is accompanied by a statement of necessity for early departure or late return.


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