2.10 Reinstatement of Former Employees

This policy was last updated June 30, 2015. See the update history page for more information.

Employees on the Administrative, Sponsored Research, and Support staffs who are laid off or who terminate voluntarily from the Institute, and are reemployed by the Institute at a later date, are eligible for the reinstatement of certain benefits according to the eligibility requirements noted below. For employees covered by union agreements, contractual provisions will prevail.

2.10.1 General Policy Statement

In general, reinstatement upon reemployment applies only to the benefits of vacation eligibility and the probationary rules applying to sick leave accrual rates for Support Staff. It is specifically not intended for other illness-related benefits, such as extended sick leave or long-term disability. Supervisors should be aware at the time of reemployment that the responsibility for payment of sick leave and vacation balances falls on the hiring department.

There is also a limited reinstatement benefit under the Tuition Assistance program; and, depending on original dates of hire, there may be reinstatement of certain benefits under the Children’s Scholarship Plan. Reinstatement under the MIT Basic Retirement Plan applies only to certain laid-off employees, as described in Section 2.10.3 below. Further detail on reinstatement and other terms of the plans may be found in the Summary Plan Descriptions or the plan booklets for the specific plans, which are available from the Benefits Office.

Reinstatement upon reemployment from any form of termination other than layoff may be granted only once to any individual, regardless of circumstances, except as provided in Section 4.3.22, Sick Time under Massachusetts Earned Sick Time Law.

2.10.2 Formula for Reinstatement of Certain Benefits for Former Employees

Restoration of Sick Leave Balances: A former employee who is reemployed by the Institute after a break in service of 12 months or less may be entitled to restoration of accrued sick leave covered by the Massachusetts earned sick time law, up to a maximum of 40 hours, depending on the length of the break. In addition, time worked before a break in service of up to 12 months counts towards the 90-day vesting period for the state-mandated sick leave. See Section 4.3.22.

Eligibility for vacation and Support Staff sick leave accruals: A former employee who is reemployed by the Institute may also have prior service counted towards eligibility for vacation and Support Staff sick leave accrual. The prior length of service is reinstated according to the service requirements outlined in this table:

Prior Length of Service at MIT Allowable Length of Break In Service
Less than 1 year None
1 but less than 2 years 1 year break
2 but less than 5 years 2 year break
5 but less than 10 years 3 year break
10 but less than 20 years 4 year break
20 or more years 5 year break

Eligibility for these benefits is based on time actually worked at the Institute and does not include the period of absence from the Institute. An adjusted service date at the time of reemployment is used as the vacation eligibility date.

2.10.3 Reinstatement of Laid Off Employees

An employee who has been laid off will be eligible for reinstatement for his or her prior length of service, as well as for the period of absence between termination and reemployment, if reemployed within two years of termination. This reinstatement policy applies to the determination of eligibility for vacation benefits; in addition, any prior unused sick leave balance will be restored at the time of reemployment. Laid off employees who are reemployed after a two year period are eligible for reinstatement according to the policy in Section 2.10.2 above.

Special rules apply to reinstatement under the MIT Basic Retirement Plan for laid off employees originally hired before July 2, 2012 who are re-employed within one year of termination.