October 25, 2014

Leave of Absence

Marine Biological Laboratory
Policy No. G.1.5

Human Resources

Initiated by: Human Resources Director
Approved by: MBL Director/CEO
Date: December 3, 1989
Revision: # 5, July 17, 2006
Distribution: MBL Community

1.0 Policy Statement

It is the policy of the Marine Biological Laboratory to consider granting employees extended leaves of absence from the Laboratory under certain circumstances. The leave may be paid, unpaid, or a combination of paid, and unpaid, depending on the circumstances and as specified in the leave policies.

MBL recognizes that certain conditions and circumstances may cause employees to request a leave of absence. To this end, MBL will review the need for and grants leaves of absence (“LOA”) for a variety of personal reasons.

See Family and Medical Leave Policy G.1.10

2.0 Notice of Leave

In order to protect the needs of the Laboratory, when ever possible, most requests for LOA should be brought to the attention of your supervisor and Human Resources for review and approval at least 30 calendar days in advance. Where the need for the request is not foreseeable, it should be brought to HR as soon as you know of the potential need for a LOA. Requests must include the reason, effective date and expected return date. The Human Resources Director will make the final decision concerning the request.

3.0 Types of Leave and Eligibility

3.1 Personal Leave

3.1.1 Eligibility:
All regular full-time and regular part-time employees who have been employed at MBL for a least one year.

3.1.2 Employees may be granted a personal leave of absence to attend to personal matters in cases in which the MBL determines that an extended period of time away from the job will be in the best interests of the employee and the Laboratory. The MBL requires that an employee use any accrued but unused vacation.

3.1.3 Duration:
Personal Leave is not to exceed six months.

3.2 Professional Leave

3.2.1 Eligibility:
All regular full-time and regular part-time employees who have been employed at MBL for at least one year

3.2.2 Employees may be granted a professional leave of absence to take advantage of training, study, or other professional enrichment opportunities. The decision to grant a professional leave of absence will be based upon such opportunities which the MBL determines to be in the best interests of the employee and the Laboratory. The MBL requires that an employee use any accrued but unused vacation.

3.2.3 Duration:
Professional leave is usually not to exceed one year. If, at the end of one year there is a request by the employee to extend the leave for one additional year, the request should be made to the Director of Human Resources prior to the end of the leave period. The decision to extend the leave will be determined by the Director of Human Resources and the MBL Director/CEO based upon the business interests of the Laboratory.

3.3 Military Leave

3.3.1 Eligibility:
All regular full-time employees in the Armed Forces, including reserves and National Guard, who are covered by federal or state veterans’ laws.

3.3.2 A military leave of absence will be granted if an employee enlists, is inducted, or is recalled to active duty in the Armed Forces of the United States for a period of not more than four years (plus an involuntary extension for not more than one year). Employees who perform and return from military service in the Armed Forces, the Military Reserves or the National Guard shall have and retain such rights with respect to reinstatement, vacation, and compensation as may be from time to time provided by applicable federal and state law.

3.3.3 Notice and Reporting Obligations
Upon satisfactory completion of military service and timely notice of intent to return to work, an employee will be reinstated to a job comparable to the one the employee left, provided the employee is qualified and the MBL’s circumstances have not changed to the extent that it would be impossible or unreasonable to provide reemployment. An employee must reapply for a job within 90 days after being released from active duty. Reservists and National Guardsmen returning from initial active duty for training must apply for reinstatement within 31 days after being released from military duty. Employees returning from all other active duty for training must report to work on the first scheduled working day following completion of training. If an employee, on return from military service, is physically or mentally unable to perform the duties of the employees previous job, the MBL will attempt to place the employee in a position of similar status and pay that is compatible with the employee’s physical and mental abilities.

4.0 Reinstatement/Transfer to Alternate Position

Employees returning from leave of absence will be reinstated to their same job or similar status and pay provided the MBL’s circumstances have not changed to the extent that it would be impossible or unreasonable to provide reinstatement. If the same job or one of similar status and pay is not available, reinstatement may be deferred until a position is available, and the employee will be granted a preference in recall. Employees returning from a military leave must also comply with all of the reinstatement provisions of the Military Leave section of this policy. In all circumstances the employee must be able to do the job for which reinstatement is sought.

5.0 Returning to Work
Employees are expected to return to work on the date agreed upon at the beginning of the leave. Employees not returning to work at the expiration of leave will lose their employment status unless an extension is requested in writing and granted by the Human Resources Director. If an employee fails to return to work at the conclusion of an approved leave of absence, the employee will be considered to have voluntarily terminated his/her employment with the MBL.

6.0 Medical Insurance/Other Benefits
During the unpaid leave of absence no vacation, sick, or holiday leave will be accrued and arrangements must be made with the Human Resources Office for personal payment of COBRA medical, COBRA dental, and life insurance premiums to ensure continued coverage of these benefits.

7.0 Administration of the Leaves of Absence Policy

7.1 All MBL leaves of absence shall run concurrently with Family and Medical Leave, if Family and Medical Leave is applicable.
7.2 Employees may not add one leave to another except as required by law.
7.3 Employees are eligible for a leave of absence not more than once every five years, except as required by law.

8.0 Policy Clarification and Updates:
Policy clarification and updates are available from the Human Resources Office.