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Benefits, Compensation and Leaves 16-4
provider or otherwise, and can mandate that the employee obtain a second
opinion if the employer has reason to doubt the justification for the leave.
Moreover, an employer may require that the employee utilize accrued
vacation, personal, or sick leave for any part of the twelve-week period,
and may require 30-days’ notice if the medical leave is foreseeable (e.g., in
the case of childbirth). The FMLA requires that the twelve weeks be
consecutive, unless the employer agrees to an alternate arrangement.
Upon returning to work, an employee is entitled to the same position held
before the leave or a position equivalent to the previous position with
equivalent benefits, pay and other terms and conditions of employment. 36
However, benefits or seniority need not accrue during the leave. 37
§ 5 TAKE-HOME VEHICLES
The LRC has determined that the convenience and commuting cost
savings resulting from a free take-home vehicle constitutes a mandatory
subject of bargaining. 38
In its 1998 decision involving the Boston Police Department, the
Commission ruled that the City violated the Law by discontinuing the
practice of assigning district sergeant detectives take-home vehicles
without first giving the union notice and an opportunity to bargain in good
faith to resolution or impasse. 39 Even though the written policies since
1997 had stated that such vehicles required the Commissioner’s express
authorization, he/she had never exercised it. The employer may not begin
to utilize its discretion, having never done so before, without giving the
union notice and the opportunity to bargain. 40
§ 6 RECRUIT ACADEMY FEES
A 2002 decision involving the Town of Ludlow held that the Town failed to
bargain in good faith by unilaterally implementing a requirement that new
police officers either sign an agreement promising to remain on the Town's
police force for five (5) years or reimburse the Town for the cost of their
police academy training without giving the Union prior notice and an
opportunity to bargain to resolution or impasse.
In mid-1995, the legislature enacted and the Governor approved Section
305 of Chapter 38 of the Acts of 1995 (Section 305) that provides:
Section 305. Notwithstanding the provisions of
any general or special law to the contrary, the
criminal justice training council is hereby
authorized and directed to charge one thousand
Commonwealth of Massachusetts