SECTION SIX: BENEFITS
6.1 Holidays and Sundays
No Loss of Pay: All salaried, permanent, full-time employees and all salaried, permanent, part-time employees working at least 20 hours per week (referred to hereunder as “excused employees”). See Section 6.1.2.
Holiday Pay: All permanent, full-time, hourly employees and all permanent, part-time, hourly employees working at least 20 hours per week (referred to hereunder as “holiday pay-eligible employees”. See Section 6.1.3.
Sundays: See Section 6.1.4.
6.1.2 Recognized Holidays
The following holidays shall be recognized by the Town on the day on which they are legally observed by the Commonwealth of Massachusetts except for part-time patrolmen and emergency dispatchers (who, as of July 1, 2006, will observe the following holidays on the actual, calendar dates on which they fall), and on these days, excused employees, without loss of pay, shall be excused from all duty except in cases where the appointing authority determines that the employee is required to maintain essential Town services:
New Year's Day
Martin Luther King, Jr. Day
The Day After Thanksgiving Day
Days Adjacent to the Above at the Discretion of the Board of Selectmen
6.1.3 Terms of Holiday Pay
Holiday pay (i.e. pay for a scheduled work shift not worked due to a holiday) shall be granted as follows in accordance with the list of holidays appearing in Section 6.1.2, above:
All holiday pay-eligible employees will be paid the hours that they would have normally worked on a given holiday should they take a given holiday off (via arrangement with an employee’s supervisor). “Normally worked” shall mean that an employee’s past work history clearly demonstrates to his or her supervisor that the employee regularly works on the day of the week on which a given holiday falls. All hourly employees except part-time patrolmen and emergency dispatchers specifically meeting all criteria in the following sentence shall receive one and one-half (1-1/2) time for hours worked on a holiday. As of July 1, 2006, part-time patrolmen and emergency dispatchers working at least 20 hours per week shall receive two and one-half (2-1/2) time for regularly-scheduled shift hours worked on a holiday (hours worked on a holiday that are not part of a regularly-scheduled shift shall be paid at one and one-half time as noted in the preceding sentence).
6.1.4 Sunday Pay
All hourly employees except public safety employees (part-time police officers, emergency dispatchers, and call firefighters) not regularly scheduled on Sunday shall receive one and one-half time for the hours worked on Sunday.
6.2 Vacation Leave
All permanent full-time and permanent part-time employees working at least 20 hours per week.
6.2.2 Allotment of Vacation
Effective July 1, 2006, vacation leave for each new fiscal year shall be granted in a lump sum to each existing, eligible employee on July 1 (the first day of the fiscal year). Vacation shall be granted in accordance with the following schedule:
a. Every employee occupying a full-time position, or a part-time position in which he or she customarily works at least twenty (20) hours per week, shall be entitled to vacation with pay during each twelve months of employment. Such vacation shall be prorated for portions of the fiscal year for new employees during said employees’ first fractional fiscal year based upon regularly scheduled work hours. Vacations shall be calculated as follows: First, determine the employee’s regularly scheduled work hour category (i.e. Category I – 20-24 hours per week, Category II – 25-29 hours per week, Category III – 30-35 hours per week, Category IV – 36-40 hours per week). Second, review the Vacation Allotment Table below to find the number of allowable vacation hours for the fiscal year. The table is based on work hour categories and the amount of total employee service time accrued.
Vacation Allotment Table (hours per fiscal year)
* Employees with at least 20 but less than 25 years of service are entitled to the following number of additional vacation hours for each fiscal year of service above 20 years: Category I – 4 hrs., Category II – 5 hrs., Category III – 7 hrs., Category IV – 8 hrs.
b. Employees switching from one work hour
c. New employees shall wait twelve months from the date of hire before advancing to the “1 year to < 5 years” row of the vacation allotment table above but the second year of employment shall begin at the start of the fiscal year (July 1) that follows the date of hire. This process will normalize the employee’s compensated leave program to the fiscal year.
6.2.3 Scheduling and Documentation
Vacation leave shall be authorized by department heads at such times, in the opinion of the department heads, as to cause the least interference with the performance of regular work of the town. Vacation leave shall not be unreasonably denied. Vacation leave, once used or approved, shall be documented on a form approved by the Personnel Board and said form shall be forwarded directly to the Personnel Officer or the Officer’s designee after signature by both the employee and his or her supervisor. Supervisors of departments heads are the appointing authorities or the Town Administrator, where applicable. The supervisor of the Town Administrator is the Board of Selectmen.
Whenever employment is terminated, the employee shall be paid for any currently allotted vacation time up to the time of the employee's separation from the payroll.
6.2.5 Carry-over of Vacation Time
a. Employees are encouraged to take vacation within the year it is allotted. An employee may carry over up to the amount of time defined by the figures in the first row of the vacation allotment table above to the following fiscal year. Further, upon receipt of a written request made by an employee at least 30 calendar days prior to the end of the fiscal year, the Personnel Board may grant up to the amount of time defined by the figures in the second row of the vacation allotment table above for carry-over. Said written request must demonstrate why extenuating circumstances exist and the Personnel Board may approve or deny any such request on its merits as a final decision. If additional carry-over is denied by the Personnel Board the employee shall lose any time over the normally allowed carry-over threshold described above.
b. All allotted vacation time for a new employee may be carried over in their own switch from the first twelve months of employment to the fiscal year system but the rules described in item (a) above shall fully apply as of the end of the employee’s fist full fiscal year on the fiscal year system.
Whenever employment is terminated by death, the estate of the deceased shall be paid an amount for that portion of the vacation allowance earned in any vacation year during which the employee died up to the time of his separation from the payroll, and any unused vacation carried forward.
6.2.7 Holiday While on Vacation
Employees shall not use or be required to use vacation time on an official holiday.
6.2.8 New Employees
New employees shall earn vacation in accordance with the schedule set forth in this section, provided however, any vacation earned during the new employee's three month orientation period may not be taken until an employee has successfully completed the orientation period. An employee terminated during or at the conclusion of the orientation period shall not be entitled to any vacation benefits.
6.3 Sick Leave
All permanent full-time and permanent part-time employees working at least 20 hours per week shall be entitled to receive sick leave each fiscal year for non-service connected sickness or injury.
Sick leave shall be accrued monthly and calculated as follows: First, determine the employee’s regularly scheduled work hour category (i.e. Category I – 20-24 hours per week, Category II – 25-29 hours per week, Category III – 30-35 hours per week, Category IV – 36-40 hours per week). Second, review the Sick Leave Accrual Table below to find the number of allowable sick leave hours per month. The table is based solely on work hour categories.
Sick Leave Accrual Table (hours accrued per month)
All sick time accrued to July 1, 2001 shall remain valid and future accrual as of July 1, 2001 shall be as defined above.
6.3.3 Use of Sick Leave
Sick leave may accrue up to a maximum of 1200 hours and is always carried over into the next accrual year. For each 12 hours (for Category I employees), 15 hours (for Category II employees), 21 hours (for Category III employees), or 24 hours (for Category IV employees) of sick leave not used from the current accrual year’s allotment, 20 hours (for Category I employees), 25 hours (for Category II employees), 35 hours (for Category III employees), and 40 hours (for Category IV employees) shall be added.
6.3.4 Sick Leave BuyBack
Effective July 1, 2001, each employee shall be paid, on his/her retirement, twenty (20) percent of his/her accumulated sick leave, at his/her then hourly/daily rate of pay.
6.3.5 Annual Sick Leave Sell Back
After an employee has accumulated 1200 hours of sick leave as provided in section 6.6.3, at the end of each accrual year, each employee may sell back fifty (50) percent of his/her unused annual sick leave (up to a maximum of 24 hours for Category I employees, 30 hours for Category II employees, 42 hours for Category III employees, and 48 hours for Category IV employees) at his/her then hourly/daily rate of pay.
6.3.6 Authorization and Documentation of Sick Leave
Sick leave shall be authorized by a department head. Notification of illness shall be made to the employee's supervisor, if possible, prior to starting time or as soon as practical thereafter. The department head may require a physician's certificate of illness if an absence lasts longer than three days. Sick leave, once used or approved, shall be documented on a form approved by the Personnel Board and said form shall be forwarded directly to the Personnel Officer or the Officer’s designee after signature by both the employee and his or her supervisor. Supervisors of departments heads are the appointing authorities or the Town Administrator, where applicable. The supervisor of the Town Administrator is the Board of Selectmen.
6.3.7 Worker's Compensation and Sick Leave Supplemental Payments
The town shall supplement worker's compensation payments in the amount which is the difference between the amount paid in Worker's Compensation payments and the employee's regular compensation to the extent the employee has accumulated sick leave. Such supplemental payments shall be charged against accrued sick leave and/or vacation until such leave has been exhausted at which time such supplemental payments shall cease.
Employees whose services are terminated shall not be entitled to compensation in lieu of sick leave not taken.
6.3.9 Special Consideration
A department head may grant an employee leave with pay in the event of serious illness of a member of the employee's immediate family (see Section 6.4.2), which leave shall be considered to be sick leave of such employee.
All permanent full-time and permanent part-time employees working at least 20 hours per week who are not members of collective bargaining units or otherwise exempt from these rules and regulations. However, all employees are subject to the personal leave documentation provisions of Section 6.4.6.
6.4.2 Bereavement Leave Policy
Every permanent full-time employee or permanent part-time employee shall be entitled to three working days absence with pay in case of a death of a member of his or her immediate family. A "Member of the immediate family" shall be defined as follows: husband, wife, child, parent, parent or grandparent of either spouse, brother or sister of either spouse, or a person living in the immediate household of a person subject to these rules. Such leave shall be non-cumulative.
6.4.3 Jury Leave Policy
A leave of absence shall be granted with pay to any town officer or employee who is called upon to serve upon a jury or is summoned to appear as a witness, and with out pay to any officer or employee who shall request court leave for the purpose of appearing in court as a defendant or litigant. Such leave shall be granted only for the period during which the employee is required to be in court and it shall in no way affect the employment rights of such employee. However any amount received by such employee on account of jury duty or by way of witness fees, exclusive of travel expenses, shall be subtracted from any amounts actually paid to the employee on account of court leave. Jury leave shall be granted in accordance with state law.
6.4.4 Military Leave Policy
The effect of military service on salary or vacation allowance of public employees is governed by the provisions of Chapter 33, Section 59, Massachusetts General Laws as follows: Any person in the service of the commonwealth, or of a county, city or town which, by vote of its county commissioners or city council or of its inhabitants at a town meeting, accepts this section, or has accepted similar provisions by earlier laws, shall be entitled, during the time of service in the armed forces of the Commonwealth, under Section 38, 40, 41, 42, or 60 or during the annual tour of duty of not exceeding seventeen days as a member of a reserve component of the armed forces of the United States, to receive pay therefore, without loss of the ordinary remuneration as an employee or official of the Commonwealth, or of such county, city or town, and shall also be entitled to the same leaves of absences or vacations with pay given to other like employees or officials.
6.4.5 Leaves of Absence Policy
The appointing authority may, at their discretion, grant leaves of absence without compensation for periods not exceeding three month duration without loss of seniority. Only those employees completing at least one year of continuous service shall be eligible for leaves of absence under this section.
Employees granted a leave of absence shall be classified as out of service of the Town and shall not be entitled to other benefits as may be provided by the town, including, but not limited to seniority, sick leave, vacation leave and compensation during the periods of the leave. An employee granted a leave of absence for a period of thirty (30) days or less shall be entitled to coverage under applicable group health and life insurance plans. An employee granted a leave of absence for a period of greater than thirty (30) days may be provided coverage under applicable group health, dental and life insurance plans, provided that the employee pays the total premium cost, in accordance with applicable statutes.
Leaves of absence shall not be granted to enable an employee to accept other employment or for self employment. Any request for leave of absence or reinstatement after such leave without pay shall be made in writing.
6.4.6 Personal Leave
An employee may be granted personal leave, subject to the approval of a department head or appointing authority, for up to two days per year (renewable on the first day of each fiscal year). Personal leave, once used or approved, shall be documented on a form approved by the Personnel Board and said form shall be forwarded directly to the Personnel Officer or the Officer’s designee after signature by both the employee and his or her supervisor. Supervisors of departments heads are the appointing authorities or the Town Administrator, where applicable. The supervisor of the Town Administrator is the Board of Selectmen.
All personal time accrued to July 1, 2001 shall remain valid and future accrual as of July 1, 2001 shall be as defined above.
6.4.7 Small Necessities Leave
In accordance with General Laws c. 149, §52D, an eligible employee is entitled to a total of 24 hours of leave during a twelve (12)-month period, in addition to other leave under this section, to participate in school activities directly related to the educational advancement of the employee's child; to accompany the employee's child to routine medical or dental appointments, and to accompany an elderly relative as defined in section 52D to routine medical or dental appointments or other professional services related to the elder's care. Leave under this provision is in addition to the twelve (12)-week leave provision and may be taken on an intermittent or reduced leave schedule. Family business leave shall be unpaid, unless the employee applies any paid leave that he or she has available.
6.5 Family Leave
6.5.1 Family Medical Leave Act
The Town shall abide by the provisions of the federal Family Medical Leave Act and shall not take actions contrary to said provisions.
6.5.2 Maternity Leave Coverage
Permanent full-time and part-time employees who have successfully completed the required orientation period in accordance with section 2.2 of these regulations.
6.5.3 Maternity Leave Policy
Maternity leaves shall be granted in accordance with applicable General Law, Chapter 149, section 105D, as amended. An employee occupying a full-time position or a part-time position in which the employee customarily works a total of at least 1,600 hours in a calendar year, after six months of continuous service, is entitled to no more than eight weeks of Maternity Leave under the following terms:
a. The employee must provide her department head with a written notice within two weeks prior to her expected departure date. Such notice must include her intended date of return. A copy of such notice is to be sent to the Personnel Officer by the department head.
b. Accrued sick leave benefits shall be provided for maternity leave under the same conditions and terms which apply to other temporary medical disabilities. The employee has the option of using vacation days to supplement sick leave days. Days not covered by accrued sick/vacation days will not be paid.
c. All benefits applicable will be continued during Maternity Leave.
6.6 Workers Compensation
6.6.2 Coordination of Sick Leave with Worker's Compensation
An employee receiving sick leave with pay and simultaneously receiving compensation under worker's compensation laws shall receive only that portion of his regular salary which will, together with said compensation, equal his regular salary. Sick leave shall be charged accordingly.
6.7 Employee Incurred Expenses and Reimbursements
Town officers and employees shall be reimbursed for direct expenses incurred by them in the performance of their duties, subject to such policies governing such expenses as may be prescribed by the Personnel Board in consultation with the Board of Selectmen and the Finance Committee. Such policies shall be of uniform application. In the absence of such policies, reimbursement shall occur at the discretion of the department head or appointing authority.
Town officers and employees who use their own automobiles for travel in the performance of official Town duties shall be reimbursed for such use at a rate to be set by the Personnel Board.
6.7.4 Police Uniform Allowance
Each part-time police officer shall be allowed a uniform allowance per year to be determined by the Personnel Board with the recommendation of the Chief of Police.
6.7.5 EMT Qualification and Requalification
Pay for each EMT attending class for qualification or requalification shall be made at the same rate of pay as firefighters.