Boston Region MPO also provides the following appendices on policy topics:

• Family and Medical Leave Act (FMLA)
• Letter from Office of Campaign and Political Finance
• Federal hatch Act

For additional information, contact a representative of Finance and Operations.

Family and Medical Leave Act (FMLA)

The federal Family and Medical Leave Act (29 CFR s. 825) (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. MPO Staff using FMLA may receive 40 days of time as administrative leave with pay. This benefit allows group health insurance benefits to be maintained during the leave period.

Under some circumstances, employees may take FMLA leave intermittently in amounts ranging from one hour to several weeks.

Eligibility

All regular MPO Staff are eligible to begin FMLA leave upon completion of the three-month introductory period of their employment. Part-time employees are eligible for leave on a prorated basis. Reinstatement rights differ for the highest-paid 10 percent of MPO Staff, as explained in the section on those rights below.

Notice Requirement

In the case of planned medical treatment, employees should make reasonable effort to schedule health care appointments and treatments so as to minimize disruption to Agency operations. When the need for FMLA leave is foreseeable, employees should request the leave at least two weeks in advance or as soon as practically possible. When the need for FMLA leave is not foreseeable, employees should make every effort to request this leave as soon as practically possible.

Purposes Covered

FMLA leave covers: 1) The birth, adoption, or foster care placement of a child and related tasks up to one year after the child is born or placed. 2) The serious health condition of the employee or caring for an immediate family member (i.e., an elderly relative related by blood or marriage to the employee, a spouse/partner, a child under the age of 18 years or under the age of 23 if the child is mentally or physically disabled, or a sibling with a serious health condition). A serious health condition is defined as an illness, injury, impairment, physical condition, or mental condition that involves in-patient care at a health care facility or continuing treatment by a health care provider. Pregnancy complications are included. (3) Qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or called to active duty status as a member of the National Guard or Reserves in support of a contingency operation.

The FMLA was amended in 2009 to allow a spouse, son, daughter, parent, or next of kin of a member of the Armed Forces to take up to 26 work weeks of unpaid leave to care for such service member who is undergoing medical treatment, recuperation, or therapy, or is otherwise on the temporary disability retired list for a serious injury or illness.

Intermittent or Alternative Work Schedules

Based on the requirements of the medical treatment, employees requesting Family and Medical Leave may take the leave intermittently as a series of shorter leaves over an extended period of time or may arrange for an alternative work schedule that has reduced hours and is modified frequently to accommodate the needs of the employee. The Agency may require employees who seek an intermittent or alternative work schedule to transfer temporarily to another position that can better accommodate recurring periods of leave than the employee’s regular position, provided that the alternative position is of equivalent status and provides equivalent pay and benefits.

Pay During Leave

Employees using FMLA may receive 40 days of time as administrative leave with pay (limited to 40 paid days within a 12-month period). Employees may apply unused vacation, sick, and discretionary leave credits to the balance of the FMLA leave. If the amount of leave exceeds these credits, the difference shall be charged to administrative leave without pay.

Medical Certification Requirement

An application for leave based on the serious health condition of the employee or a family member must also be accompanied by a Medical Certification Statement completed by the applicable healthcare provider. The certification must state the date on which the health condition commenced, the probable duration of the condition, and the appropriate medical facts regarding the condition. If the employee has a serious health condition, the certification must state that the employee cannot perform the essential functions of his/her job. If the employee is needed to care for an immediate family member, the certification must so state and include an estimate of the amount of time the employee will be needed.

Employee Benefits During Leave

The Agency will maintain health coverage for employees on leave under this policy at the level and under the same conditions that the employee would enjoy if not on leave, provided that the employee continues to pay the employee portion of the benefits. At their option, employees may choose to cancel their health and life insurance coverage while on approved family and medical leave; however, they should note that there are Group Insurance Commission restrictions and requirements for reinstatement upon return to regular duty.

Regular payroll deductions will continue if the approved family leave is with pay and the employee chooses to continue coverage. If the leave is without pay, the employees will be billed for their portion of the monthly premium. Employees who fail to return to work following the leave will be required to reimburse the Agency for the employer's share of health insurance premiums during the family leave, unless the failure to return is due to the continuation, recurrence, or onset of a serious health condition.

An employee on unpaid leave is not entitled to the accrual of any seniority or employment benefits that would have accrued if not for taking leave. An employee who takes Family and Medical Leave will not lose any seniority or employment benefits that accrued before the date leave began.

Reinstatement Following Leave

Except for employees in the highest paid 10 percent of the MPO Staff, employees on leave are entitled to reinstatement to the same or equivalent position with equivalent pay, benefits, and other terms and conditions of employment as they held before going on leave. Boston Region MPO cannot guarantee that an employee will be returned to their original job.

Employees in the highest 10 percent of the workforce may be denied reinstatement if the Executive Director determines that the employee’s absence would result in substantial and grievous economic injury to the Agency. Employees will be informed of such denial as soon as possible after the determination is made, at which time they may elect to return to work to avoid being denied reinstatement.

Return from Leave

Employees must complete a Notice of Intention to Return from Family or Medical Leave at least five working days prior to the employee’s planned return before they can return to active status.

Failure of an employee to return to work upon the expiration of a Family or Medical Leave of absence will subject the employee to immediate termination unless an extension is granted. An employee who requests an extension of Family or Medical Leave due to the continuation, recurrence, or onset of his/her own serious health condition, or of the serious health condition of an immediate household member, must submit a request for an extension in writing to the Executive Director. Approval is subject to the same medical certification requirements stated above. This written request should be made as soon as the employee realizes that they cannot return at the leave period's expiration.

Consistent with Federal, State, and local laws, the Agency will make reasonable accommodations to those employees returning from a Family or Medical Leave of absence who require such accommodation to allow them to perform the essential functions of their job.

For more information regarding FMLA and Boston Region MPO policy, please get in touch with a member of the MAPC HR team at [email protected].

Letter from Office of Campaign and Political Finance

The Commonwealth of Massachusetts Office of Campaign & Political Finance
Michael J. Sullivan, Director
One Ashburton Place, Room 411
Boston, MA 02108
Tel: (617) 727-8352 | (800) 462-0CPF | FAX: (617) 727-6549
email: [email protected]

Public Employees and Campaign

M.G.L. Chapter 55, the Campaign Finance Law, regulates political activity by public employees and the use of public buildings and resources in campaigns. Public employees who take part in political campaigns and the candidates and communities they support should be aware of these sections of the law.

Section 13: Public Employees

No person employed for compensation by agencies of the Commonwealth, its cities, towns and counties, other than an elected official, may directly or indirectly solicit or receive a contribution or anything of value for any political purpose (e.g., candidates, parties, PACs, ballot question, communities).

A public employee may not:

• sell tickets to a political fundraiser or otherwise solicit or collect political contributions in any manner, including in person, by phone, by email or by conventional mail.
• sponsor or host a political fundraising event.
• allow his or her name to be used in a fundraising letter, advertisement, phone call, or email.
• help identify people to be targeted for political fundraising.
• serve as treasurer of a political committee.

A public employee may:

• contribute to candidates and attend fundraisers.
• run for office (a employee must organize a campaign committee if he or she plans to raise any money).
• work for campaigns and communities in a non-fundraising capacity, such as holding signs, stuffing envelopes, hosting coffees or other meetings, or being a member of a committee.

Section 14: Government Buildings

Soliciting or receiving campaign contributions in a government building is prohibited. Examples include city and town halls, public schools, libraries, police and fire stations, and public works buildings.

No one (not just public employees) may:

• sell tickets to a fundraiser or otherwise solicit or collect political contributions in a public building.
• send a solicitation into a government building, such as by phone, mail, or email.
• use a public building as the site of a fundraiser, the return address for contributions, or the contact phone number for buying tickets to a fundraiser.
• post in a public building any advertisement for a fundraiser.

Use of Public Resources

Public resources (government vehicles, office equipment and supplies, and the paid time of public employees) may not be used for political campaign purposes, such as the election of a candidate or the passage or defeat of a ballot question. For example, a public employee may not, during his workday, render campaign service to a candidate or ballot question committee or use office postage or equipment to distribute campaign material.

Visit the Guides tab of the Forms and Education section of OCPF's website, www.mass.gov/ocpf, to download the Campaign Finance Guide: Public Employees, Public Resources and Political Activity.

The Federal Hatch Act

Permitted and Prohibited Activities for State and Local Employees

Who is covered by the Hatch Act

Individuals principally employed by state or local executive agencies and who work in connection with programs financed in whole or in part by federal loans or grants.

Such state or local employees may:

• Be a candidate for public office in a nonpartisan election
• Campaign for and hold elective office in political clubs and organizations
• Actively campaign for candidates for public office in partisan and nonpartisan elections
• Contribute money to political organizations or attend political fundraising functions

For example, such employees may*:

• register and vote as they choose
• assist in voter registration drives
• express opinions about candidates and issues
• contribute money to political organizations
• attend political fundraising functions
• attend and be active at political rallies and meetings
• join and be active members of a political party or club
• sign and circulate nominating petitions
• campaign for or against referendum questions, constitutional amendments and/or municipal ordinances
• campaign for or against candidates in partisan elections
• make campaign speeches for candidates in partisan elections
• distribute campaign literature in partisan elections
• campaign for and hold office in political clubs or parties
• volunteer to work on a partisan political campaign
• participate in any activity not specifically prohibited by law or regulation

* While engaging in these activities employees must be acting in their personal capacity, not their official capacity. For example, they should not identify their official title when engaging in any of these activities.

Such state or local employees may not:

• Be a candidate for public office in a partisan election**
• Use official authority or influence for the purpose of interfering with or affecting the results of an election or nomination for office
• Directly or indirectly coerce contributions from subordinates in support of a political party or candidate

** An election is considered partisan if any of the candidates in the election are running as a representative of a political party whose presidential candidate received votes in the preceding election at which Presidential electors were selected.

NOTE: An employee’s conduct is also subject to the laws of the state and the regulations of the employing agency. Prohibitions of the Hatch Act are not affected by state or local laws.

All the information above was provided by the Office of Special Counsel, the government agency charged with the duty to investigate any violations of the Hatch Act.