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DCE Missed classes

June 17, 2015

Missed classes must be made-up by four possible means with the approval of the college. One must either schedule a make-up class; add time to the remaining class meetings; assign a paper, project, or a self-directed learning experience which will require a time span equivalent to one class period; or by another method that is proposed by the unit member.

The state now has a sick time law which took effect on July 1, 2015. The law is applicable to DCE faculty and allows for the accrual and the use of sick time. The link to the Massachusetts Attorney General’s Office regarding the sick time law is noted below.

Please note paragraph 20 of the state regulations stating that the employer cannot require make-up work as a condition of using sick time. There can be mutual agreement to perform additional work so not to use accrued sick time.

http://www.mass.gov/ago/doing-business-in-massachusetts/labor-laws-and-public-construction/earned-sick-time/

(4) Employees accrue earned sick time on all hours worked at a rate of one hour of earned sick time for every 30 hours worked, including overtime hours, up to a cap of 40 hours per benefit year.

(5) Employees accrue earned sick time only on hours worked, not on hours paid when not working. For example, employees do not accrue earned sick time during vacation, paid time off, or while using earned sick time.

(6) Employees exempt from overtime requirements under 29 U.S.C. § 213(a)(1) shall be assumed to work 40 hours in each work week for purposes of earned sick time accrual unless their jobs specify a lower number of hours per week, such as salaried part-time employees. In such cases, earned sick time shall accrue based on that specified number of hours per week.

(7) Employees paid on a piece work or fee-for-service basis accrue earned sick time based on a reasonable measure of the time the employees work, including established practices or billing. (a) Adjunct faculty compensated on a fee-for-service or “per-course” basis shall be deemed to work 3 hours for each “classroom hour” worked.

90-Day Vesting Period:

(29) Employees begin accruing earned sick time on the first date of actual work and may begin to use any accrued earned sick time 90 days following their first dates of actual work, regardless of the number of days worked during the 90-day period.

(30) Employees who have been employed for at least 90 days as of July 1, 2015, meaning their first dates of actual work occurred on or before April 2, 2015, may use earned sick time, whether paid or unpaid, as it accrues.

Break in Service:

(31) Following a break in service of up to four months, an employee shall maintain the right to use any unused earned sick time accrued before the break in service.

(32) Following a break in service of between four and 12 months, an employee shall maintain the right to use earned sick time accrued before the break in service if the employee’s unused bank of earned sick time equals or exceeds 10 hours.

Selected excerpts from state regulations
Joseph Rizzo
MCCC DCE Grievance Coordinator
603-898-6309
Grievance-dce@mccc-union.org

Filed Under: Contract Tips, DCE Tagged With:

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