PIH PARENTAL LEAVE POLICY
PIH MASSACHUSETTS PAID FAMILY AND MEDICAL LEAVE POLICY
Date: January 1, 2021
Partners In Health has established a parental leave policy to allow eligible employees who are new
parents to spend time with their newborn, newly adopted or newly placed child in the crucial
beginning of their lives together. PIH recognizes the physical, emotional and psychological demands
of having a new child, and considers that a period of leave is important for the wellbeing of both the
parent and the child.
Except where otherwise stated, the below policies apply to regular, full-time and part-time PIH
employees (these policies do not apply to temporary employees hired to work on the Massachusetts
COVID-19 project (“CTC workers”). All policies run concurrently with federal, state, and local
legislation, including the Family Medical Leave Act (“FMLA”), the Massachusetts Paid Family and
Medical Leave Policy (“PFML”), and the Massachusetts Parental Leave law, that may permit eligible
employees to utilize additional leave or benefits provided by the state. Employees who are or may
be eligible for PFML, and, intend to utilize any PFML benefits for all or part of their leave, are required
to apply for PFML benefits in the time required by the Department of Family and Medical Leave.
Contact Human Resources, at HRhelp@pih.org for additional information.
If the employee is either ineligible for or has exhausted available Federal FMLA leave, or PFML, eligible
employees will still be entitled to take the full Parental Leave entitlement.
PIH Parental Leave
For PIH employees with less than 12 months of service:
Birth parents and non-birth parents receive 8 weeks of fully paid leave. If short term disability (STD),
state disability insurance (SDI) or applicable state paid leave applies, PIH will contribute the remaining
percentage of the employee’s salary so that the employee receives 100% of their pay for 8 weeks.
Employees must inform PIH if they have received any STD or SDI payments in order to avoid
overpayment by PIH.
For PIH employees with more than 12 months of service:
Birth parents and non-birth parents receive 12 weeks of fully paid leave. If short term disability (STD),
state disability insurance (SDI) or applicable state paid leave applies, PIH will contribute the remaining
percentage of the employee’s salary so that the employee receives 100% of their pay for 12 weeks.
Employees must inform PIH if they have received any STD or SDI payments in order to avoid
overpayment by PIH.
Employees may, with approval of their manager, decide to take a portion of their leave intermittently.
Please note that the portion of the leave covered by STD must be taken immediately following the
birth of a child. Any eligible leave not taken within 1 year of the birth, adoption or placement will
expire. Non-birth parents are encouraged to take at least the first eight weeks of paid leave
immediately after birth or adoption of their child.
1
In addition to paid leave, birth and non-birth parents may be eligible for additional paid or unpaid
leave in accordance with state or federal law. For states that require paid or unpaid parental leave
(including Massachusetts), such leave will run concurrently with PIH’s paid leave. Employees in other
states should contact HR for information. If two PIH employees give birth to or adopt the same child,
they each will be eligible for the full amount of parental leave.
Expat Maternity Leave Coverage
Based on NGO best practices, PIH has implemented a separate Expat Maternity Leave Policy for
qualifying employees who are “expatriates” (expats), full-time TriNet/PIH employees who are based
outside the US at PIH care delivery sites. Under this Policy, birth parent expats will be eligible to work
remotely (away from their designated PIH care delivery site) starting at 28 weeks of pregnancy, based
on medical need, and if their job permits, prior to taking their parental leave. If the expat cannot
perform her job remotely, she should contact Boston HR to initiate a short-term disability claim.
Managers will work with eligible expats to make and approve the proper arrangements in advance to
facilitate the employee’s ability to work remotely. Please consult with HR about specific payroll
guidelines for expats during their leave period.
Requesting Leave
Schedule time with HR to review the parental leave policy and the details of your leave.
Complete the Extended Leave Form in TriNet (Company > Forms and Policies > HR Forms > Extended
Leave of Absence Request) and return to HR no later than two weeks prior to the beginning of your
leave or your expected due date.
The completed Extended Leave Form will be processed in TriNet by HR, and you will receive important
follow up correspondence from TriNet in the mail. Please complete any forms asked of you in a timely
manner, including TriNet’s Medical Certification form within two weeks.
Birth parents should apply for Short Term Disability by contacting Aetna at 866-825-0184. Please note
that you cannot do this until you have completed and submitted the Extended Leave Form to HR.
Please confirm the dates of your approved short-term disability benefits with HR.
Once your baby is born, notify HRhelp@pih.org as soon as possible of your delivery date. Please note
that you will also be responsible for notifying Aetna if your delivery date is different than your
anticipated due date so that they can adjust the dates of your Short-Term Disability claim.
Adoptive parents should work with HR to identify the start of their parental leave.
Complete the online Life Status Change process on TriNet (Benefits > Life Status Change) to add your
child to your health insurance plan within 60 days of birth (you can use 0s for temporary SSN). Expat
employees should contact HR for help with updating their Cigna Global insurance.
2
Returning to Work
Keep your manager and HR updated on your expected return to work date.
Birth parents should obtain a medical clearance note from your doctor stating that you are fit to return
to work (if applicable) by expected return to work date and send to HRhelp@pih.org.
Notify HRhelp@pih.org on the day you have in fact returned to work to resume normal payroll
processing and benefits.
Important Contact Information
PIH HR: hrhelp@pih.org
TriNet Employee Solutions Center: 800-638-0461 or employees@trinet.com
TriNet Leave of Absence Department: loa@trinet.com
Aetna: 866-825-0184
MASSACHUSETTS PAID FAMILY AND MEDICAL LEAVE (PFML) POLICY
Partners In Health (the “Company”) is committed to compliance with all applicable federal, state and
local laws entitling employees to take leaves of absence, including the PFML. Employees should note
that their entitlement to leave under the PFML differs from rights to leave under the FMLA in some
respects. For that reason, employees should refer to the Company’s policy, found in the TriNet
handbook, FMLA – (log in to TriNet (www.hrpassport.com) and then go to Company > Forms and
Policies), for additional information. As described in this policy, leave under the PFML will run
concurrently with leave taken under other applicable state and federal leave laws, including the
Massachusetts Parental Leave Act, and the FMLA when the leave is for a qualified reason under those
laws.
This policy is intended to provide information as to PFML leave allotments, employee eligibility, and
processes and procedures for applying for PFML leave and benefits, and returning to work at the
conclusion of the leave period.
Eligibility for Paid Family and Medical Leave
Eligible employees may take up to a total of 26-weeks of PFML in a “benefit year,” defined as the 52
consecutive weeks beginning on the Sunday immediately preceding the first date on which an
employee begins taking any type of leave that is associated with a qualifying reason, regardless of
whether an application of benefits has been submitted to the Massachusetts Department of Family and
Medical Leave (the “Department”) in connection to that leave.
The Department will determine whether an employee is eligible to receive PFML, which generally will
apply to employees who must have been paid wages by a Massachusetts employer in the four (4)
quarters prior to the leave in an amount equal to at least thirty (30) times the weekly benefit rate and
at least the dollar amount calculated annually by the Massachusetts Department of Unemployment
Assistance pursuant to M.G.L. c. 151A, § 24(a). Wages earned at a prior Massachusetts employer will
be counted when determining eligibility. Employees remain eligible for PFML for 26 weeks after they
3
separate from employment to the extent they met the financial eligibility test at the time of their
separation.
Types of PFML
Eligible employees may take PFML for the following reasons:
Beginning January 1, 2021:
1. Medical Leave: Employees are eligible for up to twenty (20) weeks of medical leave in a
benefit year for a serious health condition that incapacitates them from work.
2. Family Leave - Bonding: Employees are eligible for up to twelve (12) weeks of family leave in
a benefit year to bond with a child during the first twelve (12) months after the child’s birth,
adoption or foster care placement with the employee. In the case of multiple births, no more
than twelve (12) weeks of leave benefits total are available in a benefit year for this purpose.
3. Family Leave - Military Exigency: Employees are eligible for up to twelve (12) weeks of family
leave due to a qualifying exigency arising out of the fact that a family member is on active duty
or has been notified of an impending call or order to activity duty in the Armed Forces.
4. Family Leave - Care of a Covered Service Member: Employees are eligible for up to twentysix (26) weeks of family leave in order to care for a family member who is a covered service
member, as defined in PFML.
Beginning July 1, 2021
5. Family Leave: Employees are eligible for up to twelve (12) weeks of family leave to care for a
family member with a serious health condition.
For purposes of this policy, a family member is defined as the spouse, domestic partner, child, parent
or parent of a spouse or domestic partner of the covered employee, a person who stood in loco
parentis to the covered employee when the covered employee was a minor child, a grandchild,
grandparent or sibling of the covered employee.
Paid Leave
The Department is responsible for reviewing and approving applications for PFML and paying
employees a paid weekly benefit during the approved leave period. The paid leave benefit is
calculated based on a percentage of the employee’s average weekly wage at the time of the filing of
a request for leave and that of the established MA average weekly wage, up to a maximum benefit
amount.
Employees may refer to the PFML Employer Notice to W2 Employee that the Company previously
provided for information regarding contributions to the PFML Trust that funds PFML benefits and the
Department’s website for further information.
4
Requesting Leave/Process for Filing for PFML
An employee must file an application for PFML benefits using forms provided by the Department
and no earlier than 60 calendar days prior to the anticipated start date of the leave. Information on
filing an application for PFML benefits can be found on the DFML’s website at
https://www.mass.gov/orgs/department-of-family-and-medical-leave.
Employees are required to provide the Company with at least 30 calendar days’ notice of the
anticipated start date of PFML leave. If it is beyond the employee’s control to provide at least 30 days’
notice, notice to the Company must be provided as soon as practicable. Employees must provide the
Company notice of their need for PFML prior to submitting an application for benefits with the DFML.
The DFML will not accept an application for benefits unless timely notice to the Company was
provided. Employees may also contact the below individuals for more information on how to apply
for PFML benefits:
-
The Boston Human Resources team, at HRhelp@pih.org.
Unless there are unusual circumstances, employees taking PFML are required to comply with the
Company’s regular notice procedure for requesting/reporting the need for leave.
If an employee does not provide timely notice to the Company or does not follow usual and customary
notice procedures for taking a leave, and no unusual circumstances exist justifying the employee’s
failure to do so, the employee’s PFML leave and application may be delayed or denied by the
Department. Employees may be subject to disciplinary action for failure to follow usual and customary
notice procedures.
Employees planning medical treatment must consult with the Company before making application to
the Department for leave and make reasonable efforts to schedule treatment so as to not unduly
disrupt the Company’s business operations, subject to the approval of the employee’s health care
provider.
Required Medical Information/Medical Certifications
Employees applying for PFML must provide the Department with consent to share information
regarding their application for benefits and other information necessary to process the individual’s
PFML request, including consent to share information with their health care provider and the
Company.
All applications for PFML benefits must be supported by a certification evidencing that the leave is for
a PFML qualifying reason.
Approval for PFML and Initial Seven-day Wait Period
The Department will assess a completed application (including any required certification) for PFML
and either approve or deny the request. Once an employee’s application is approved, the employee
has an obligation to notify the Department if there are any changes in circumstances that would justify
an extension, reduction or other change in the leave period or amount of benefits.
5
No PFML benefits are payable during the first 7-calendar days after the date on which the leave begins.
The initial 7-day period will be counted against the total available leave period in the benefit year. If
the approved PFML is for intermittent or reduced schedule leave, the waiting period begins on the
first day of leave and continues for 7-days thereafter. There is no additional 7-day waiting period for
an employee who is already on PFML for medical leave during a pregnancy or recovery from childbirth
and then commences PFML for bonding with a newborn child.
Reduced Work Schedule/Intermittent PFML
PFML to bond with a newborn, newly adopted or placed foster child may only be taken intermittently
or on a reduced workweek basis with the Company’s consent. For PFML to care for a family member
with a serious health condition, a covered service member, or for the employee’s own serious health
condition, PFML may be taken intermittently or on a reduced schedule basis if medically necessary.
Intermittent PFML can be taken in increments of no less than 1 hour.
Employees approved for intermittent leave must work with the Company to make an effort to take
leave so as not to unduly disrupt the Company’s business operations. An employee who is approved
for and takes PFML on an intermittent or reduced leave schedule and fails to work during the times or
on the schedule agreed to with the Company may be subject to disciplinary action, and the Company
will be required to notify the DFML of the employee’s failure to adhere to the agreed-upon
intermittent or reduced leave schedule.
Extensions of PFML
Employees seeking an extension of PFML must file a request with the Department fourteen (14) days
before the expiration of the originally approved PFML period. The employee and the Company are
required to provide the Department with written notice should the status of an employee’s
circumstances justify an extension, reduction or other modification of the period of leave or amount
of benefits within seven (7) calendar days.
Continuation of Benefits
During the duration of PFML, the Company will continue to provide for and contribute to an
employee’s employment-related health insurance benefits, if any, at the level and under the
conditions that coverage would have been provided if the employee had continued working
continuously for the duration of such leave. The employee portion of the employee's employmentrelated health insurance benefits shall be remitted by the employee in accordance with the Company’s
policies or practices.
The employee will not be eligible for the accrual of additional employee benefits (e.g. vacation, sick
leave or seniority) during the period of the leave during which the employee is not receiving any
benefits from the Company. Use of PFML will not result in the loss of any employment benefit that
accrued prior to the start of an employee’s leave.
Interaction with Other Paid Benefits
6
An employee’s weekly PFML benefit from the Department will be reduced by the amount of any
unemployment compensation, worker’s compensation, or other such government disability benefits
the employee is receiving. An employee receiving wages from another employer during their PFML
leave will have their weekly benefit reduced to the extent that a combination of such PFML benefits
and wages exceeds the employee’s average weekly wage.
Benefits available under the Company’s Parental Leave, short-term and long-term disability, FMLA,
PFML, and MA Sick Time are capped at the employee’s average weekly wage and shall be offset by
any PFML benefits the employee receives. In other words, when the employee is receiving PFML
benefits and benefits under the Company’s short-term and long-term disability, FMLA, PFML, and MA
Sick Time, the employee shall not receive more than the employee’s average weekly wage. Similarly,
any short and/or long term disability received shall be offset by any PFML benefits the employee
receives and the combination of benefits shall result in an employee receiving no more than their
average weekly wage.
Employees who take a leave for a reason covered by the PFML and who elect to use accrued paid
leave or leave from an extended illness leave bank will not be eligible for any paid leave benefits from
the Department for the period of time in which they are receiving such accrued paid leave or leave
from such extended illness leave bank. Although the employee will not be receiving benefits from the
Department, the leave will run concurrently with any available PFML.
Note, however, any leave taken for the same qualifying reason prior to January 1, 2021 shall not count
against the employee’s weekly benefit amount and/or leave allotment.
Return from PFML
Generally, upon return from PFML an employee will be restored to their previous position, or an
equivalent position with the same pay, employment benefits, length-of-service credit and seniority as
of the date of leave, except in certain cases, including cases where employment would not have
continued had the employee not been on leave. Upon reinstatement, taking PFML will not affect an
employee’s previously held right to accrue vacation time, sick leave, bonuses, advancement, seniority,
length-of-service credit, or other employment benefits, plans or programs.
Employees taking medical leave for their own serious health condition will be required to provide a
fitness-for-duty certification before returning to work. Failure to provide the required fitness-for-duty
certification may delay the employee’s restoration.
An employee who fails to return to work or to the employee's regular work schedule following the
expiration of the leave period may be subject to disciplinary action.
Employee Protections Under the PFML
The Company shall not threaten to retaliate or retaliate by discharging, firing, suspending, disciplining,
or otherwise discriminating against an employee for exercising their rights under the PFML. However,
the Company reserves its right to take disciplinary action, up to including termination, with respect to
employees who have been determined to have received benefits on the basis of a false statement.
7