[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wayland 3-3-1954 by Art. 3, as amended through the Annual Town Meeting 4-17-1997 by Art. 5.
Subsequent amendments noted where applicable.]
As used in this chapter, the following words
and phrases shall have the following meanings, unless a different
construction is clearly required by the context or by the laws of
the commonwealth:
Performing the duties and having the responsibilities of
another position on a temporary basis without having been appointed
to the position on a temporary basis.
The official, board, committee, commission, council or other
authority empowered by statute, special act or bylaw to make appointments.
The Personnel Board as defined in § 43-2.
Chapter 31 of the Massachusetts General Laws, as amended,
and all rules and regulations made thereunder and any special law
enacted by the General Court regulating the classification, compensation
and conditions of employment of officers and employees of the Town
under MGL c. 31.
A group of positions in the Town service sufficiently similar
in respect to duties and responsibilities so that:
The same descriptive title may be used to designate
each position allocated to the class;
The same qualifications shall be required of
the applicants and incumbents;
The same tests of fitness may be used to choose
qualified employees; and
The same scale of compensation can be made to
apply with equity.
An alphanumeric designation for a salary or wage range.
Employment uninterrupted except for required military service
and for authorized vacation leave, sick leave, bereavement leave,
court leave or other leave of absence.
Any department, board, committee, commission or other agency
of the Town subject to this chapter and the Wage and Salary Classification
Plan.
The officer or employee having immediate supervision and
control of a department.
[Amended 5-5-2005 ATM by Art. 32]
Employees working at least 20 hours per week.
The official employment start date of an employee's regular
service to the Town.
A rate of compensation for personal services that does not
appear in a range.
An employee retained in full-time employment.
Employment for not less than 7 hours per diem for 5 days
a week for 52 weeks per annum, less legal holidays and authorized
military leave, vacation leave, sick leave, bereavement leave, court
leave and leaves of absence.
[Amended 5-5-2005 ATM by Art. 32]
Extra pay authorized pursuant to § 43-10.
The Assistant Town Manager or other comparable position as
determined by the Select Board.
[Amended 5-5-2004 ATM by Art. 13]
The dollar difference between step rates.
Performing the duties and having the responsibilities of
a vacant position on a temporary basis after having been appointed
to the vacant position until the position is filled.
Personal service rendered by an employee in a position calling
for part-time employment, which service, although constituting continuous
employment, is not rendered during prescribed working hours, daily,
weekly or annually, but is rendered as required, according to the
demands for such service as determined by the appropriate supervisory
authority.
The holding of one position by more than one incumbent who
do not perform the duties and responsibilities of the position.
[Amended 5-5-2005 ATM by Art. 32]
A form of leave authorized pursuant to § 43-12.
The highest rate in a range which an employee normally is
entitled to attain.
The rate which is midway between the minimum rate and the
maximum rate.
The lowest rate in a range which is paid to an employee.
Time in excess of the normal number of hours or days of working
time in the work week of the department.
Employment for less than full-time employment, as further
defined above.
An office or post of employment in the Town service with
duties and responsibilities calling for the full-time or part-time
employment of one person in the performance and exercise thereof.
Any newly hired employee whose tenure of service in the Town
has not exceeded 6 months. Such employees have limited rights during
this stage of their employment and may be discharged at any point.
[Amended 5-3-1999 ATM by Art. 9; 5-5-2005 ATM by Art. 32]
A change from a position of lower class and compensation
grade to a position with greater responsibilities in a higher class
and compensation grade.
The dollar difference between minimum and maximum rate.
A sum of money designated as compensation for hourly, weekly
or annual personal services.
[Amended 5-1-2000 ATM by Art. 15]:
Any regular position in the Town service in which the incumbent
works at least 20 hours per week but less than 35 hours per week.
[Amended 5-1-2000 ATM by Art. 15]
Any position in the Town service which has required or which
is likely to require the services of an incumbent without interruption
for a period of more than 6 calendar months, either on a full-time
or part-time employment basis.
[Amended 5-1-2000 ATM by Art. 15; 5-5-2005 ATM by Art. 32]
A preestablished, incremental rate in a range between the
minimum and maximum rates.
The official, board, agency, committee, council, commission
or other authority empowered by law to supervise, direct and control
the activities of employee(s).
Any employee retained in a temporary position
as defined below.
Any employee holding a temporary appointment
under the Civil Service Law who does not also have permanent status
thereunder.
Any employee retained in a position in a class
the title of which contains the adjective "temporary."
Any employee hired on a temporary basis in a
regular position.
[Amended 5-5-2005 ATM by Art. 32]
Any position in the Town service which is not regular but
which requires the services of one incumbent for a period not exceeding
1 of the 4 seasons of the year.
[Amended 5-5-2005 ATM by Art. 32]
The Town of Wayland.
The schedule of hourly, weekly, annual and flat rates appearing in the Town's annual Town meeting warrant or special Town meeting warrant, pursuant to § 43-3A.
A.Â
There shall be a Personnel Board of 5 members appointed
by the Selectmen. The Selectmen shall also have the power to fill
Personnel Board vacancies. The term of appointment shall be for 5
years, except where the appointment is to fill a vacancy, and then
it shall be to fill the unexpired term. No member of the Personnel
Board shall be an employee of the Town or hold Town office. Members
of the Personnel Board shall serve without compensation.
[Amended 5-5-2005 ATM by Art. 32]
B.Â
The Personnel Board shall have the following powers
and duties:
(1)Â
To develop and administer this chapter and the Wage
and Salary Classification Plan (hereinafter called "this chapter"
and "the plan") and personnel policies and procedures in cooperation
with the Town boards and departments affected.
(2)Â
To approve all pay or classification changes of Town
employees, including all hiring rates and classifications.
(3)Â
To negotiate collective bargaining agreements for
the Town, after having met in advance with the Select Board and the
Finance Committee to discuss the forthcoming negotiations.
(4)Â
To establish such central personnel files for all
employees as it deems useful in the administration of this chapter
and the plan.
(5)Â
To review the operation of the plan annually, including
minimum and maximum wage and salary brackets, and to recommend to
the Town any appropriate changes.
C.Â
In the case of any dispute concerning the interpretation
or administration of this chapter and the plan, the decision of the
Personnel Board shall be final, subject to an appeal to the Town at
the next Town meeting.
D.Â
The Personnel Board shall meet as necessary to consider
such business as may be presented by Town officials, Town employees
or other interested persons, but not less often than quarterly. Three
members of the Board shall constitute a quorum, and all action shall
be taken by a majority of the members present at the Board meeting,
provided that the Board may delegate to the Chairman power to act
at any time on routine matters, subject to appeal to the full Board.
A.Â
The positions of all nonelected Town employees are classified under the following job titles with the wage and salary rates set forth. (Refer to § 43-4.)
B.Â
The Personnel Board may prepare such additional job
descriptions to supplement the foregoing job titles as it deems necessary.
Upon classification of said job description, the employing agency
shall submit a funding request to the Finance Committee for subsequent
budget action by Town meeting and shall comply with policies and procedures
established from time to time by the Personnel Board.
C.Â
If it becomes necessary during any year for any Town
board, commission, committee, department or official (hereinafter
referred to as an "employing agency") to hire a regular employee to
do work not covered by an existing classification, the Personnel Board
may establish a temporary new classification, but the same shall be
submitted to the Town as a proposed amendment to the plan in the next
warrant for a regular Town meeting.
D.Â
Upon request of an employing agency, the Personnel
Board is authorized, for cause shown, to convert an hourly rate shown
in the foregoing schedule into a salary, or a salary into an hourly
rate, provided that no change shall be made which will increase or
reduce the average earnings of any employee.
E.Â
The wages and salaries of Town employees shall be
fixed in strict accordance with this plan. No employing agency shall
pay or employ any person at a salary or wage not fixed in accordance
with this plan and approved by the Personnel Board hereunder, nor
shall the Personnel Board approve a salary or wage that was not previously
proposed by or reviewed with the employing agency. In administering
this section, the Personnel Board shall take into consideration any
and all employee fringe benefits.
F.Â
Longevity pay.
(1)Â
Each full-time regular employee of the Town shall
be awarded longevity pay in accordance with the following table:
|
Years of Service
|
Longevity Pay
| |
|---|---|---|
|
After 5
|
$100 per year
| |
|
After 10
|
An additional $50 ($150 total)
| |
|
After 15
|
An additional $50 ($200 total)
| |
|
After 20
|
An additional $50 ($250 total)
| |
|
After 25
|
An additional $50 ($300 total)
| |
|
After 30
|
An additional $50 ($350 total)
|
(2)Â
Payments will be made twice a year, on May 31 and
November 30, and each payment will consist of 1/2 of the yearly amount.
To qualify for the additional payments under this section, the employees
must have completed the required years of service before the payment
date. Part-time employees will be given consideration under this section.
(3)Â
The Personnel Board will be responsible for determining
the equivalency of longevity in each case.
(4)Â
Administrative and professional employees hired after
January 1, 1979, shall not be awarded longevity pay.
G.Â
The Personnel Board shall establish a system/method
of nonmonetary recognition for exceptional performance or contribution
by one or more employees.
[Amended 5-5-2005 ATM by Art. 32]
Non-union employees whose positions are classified
on the G, SG, S, Nurse and Non-union Police wage scales will be transferred
to a newly established Non-union N wage scale during Fiscal Year 2006,
effective upon each non-union employee's employment or reclassification
anniversary date.
[Amended 5-1-2000 ATM by Art. 15]
A.Â
The regular work week for office and clerical employees
shall be 35 hours. For Fire Department personnel, it shall be 42 hours.
For Police Department personnel, it shall be 37.5 hours. The regular
work week for all other Town employees shall be 40 hours, unless otherwise
provided by union contract.
B.Â
Nonexempt employees, other than members of collective
bargaining units, required to work more than 8 hours in any day or
40 hours in any week shall be compensated for such overtime at a rate
based on 1Â 1/2 times their regular hourly rates of pay or may
with permission of the supervisor take time off equal to 1Â 1/2
times the amount of overtime. Employees, other than members of collective
bargaining units, whose regular work week is less than 40 hours shall
receive straight-time pay up to 40 hours per week and time and 1/2
for all hours worked in excess of 40 hours per week or may with permission
of the supervisor take time off equal to 1Â 1/2 times the amount
of overtime.
[Amended 5-5-2005 ATM by Art. 32]
C.Â
Nothing in this section shall apply to exempt employees
under the Fair Labor Standards Act.
[Amended 5-5-2005 ATM by Art. 32]
[Amended 5-5-2004 ATM by Art. 13]
A.Â
An individual newly hired, promoted, reclassified
or permanently transferred from one job to another shall be paid the
minimum salary or wage rate for his classification, except as hereinafter
provided. The employing agency shall report all transfers and, so
far as practicable, all proposed hirings to the Personnel Board in
advance of appointment for approval of the employee's classification
and salary or wage rate. When prior consultation is impractical, the
appointing agency may hire an individual, with the approval of the
Human Resources Director, but subject to ratification of the employee's
classification and salary or wage rate by the Personnel Board.
B.Â
The starting pay rate for all positions will normally
be the minimum step of an assigned classification. Exceptions to this
rule may be considered by the Personnel Board and/or the Human Resources
Department. All starting pay rates must be approved by the Human Resources
Department, and any proposed starting rate above the fourth step of
a classification must receive Personnel Board approval.
A.Â
The duties of any position may be reviewed by an employing agency upon request of the employee, on its own initiative or on the initiative of the Personnel Board. If it appears to the employing agency that such position belongs in a different job classification because of changes in the nature of duties and/or responsibilities, the employing agency may recommend reclassification and shall submit a revised job description to the Personnel Board, which shall then review the facts and approve or deny the proposed reclassification. If approved, the employing agency shall submit a reclassification funding request for approval by the Finance Committee. A reclassified employee shall be paid in accordance with the provisions of § 43-6.
B.Â
Where, in the judgment of the Personnel Board and
the employing agency, unfairness would otherwise result, a Town employee
temporarily assigned to work in a higher classification for at least
1 week shall be paid the minimum rate for that classification for
as long as he/she does such work, provided that he/she is paid at
a rate at least one step higher than his present rate.
[Amended 5-5-2005 ATM by Art. 32]
C.Â
Any employee who is promoted to a higher job classification
will receive at least the equivalent of one periodic step increase
under the previously assigned classification at the time of promotion.
[Amended 5-5-2005 ATM by Art. 32]
A.Â
Upon satisfactory completion of probationary employee status, as determined by the supervisory authority, an employee may be eligible to receive a 1-step increase within the assigned classification. Increases will be granted only upon the written recommendation of the supervisory authority with the approval of the Personnel Board. Employees may continue to be eligible for step increases upon completion of each employment year, as determined by the employment anniversary date and as prescribed by Subsection B of this section. Step increases will not be granted beyond the maximum step of the assigned classification.
[Amended 5-5-2005 ATM by Art. 32]
B.Â
The intent of this section is to enable the Town to
reward good and faithful service. It is intended that step increases
will be granted for merit, and such increases will be withheld in
any case where the employee has not performed satisfactorily enough
to earn an increase that may be allowable within the assigned wage
and classification schedule.
A.Â
Paid annual leave.
[Amended 4-30-1998 ATM by Art. 4; 5-5-2005 ATM by Art. 32; 4-7-2016 ATM by Art.
12]
(1)Â
Paid annual leave for all full-time nonunion nonprofessional or nonadministrative
employees in benefit status hired before April 7, 2016, shall be as
follows:
(2)Â
Paid annual leave for all full-time nonunion, nonprofessional or
nonadministrative employees in benefit status hired after April 7,
2016, shall be as follows:
(3)Â
Leave days will start accruing at the conclusion of the probationary
period and be retroactive to the date of hire.
B.Â
Schedule for earning leave days.
[Amended 5-3-1999 ATM
by Art. 9; 5-1-2000 ATM by Art.
15; 5-5-2005 ATM by Art. 32; 4-29-2007 ATM by Art. 15; 4-10-2008 ATM by Art. 20; 4-7-2016 ATM by Art. 12]
(1)Â
The schedule for earning leave days for all full-time nonunion, nonprofessional
or nonadministrative employees in benefit status hired before April
7, 2016, is as follows:
(2)Â
The schedule for earning leave days for all full-time nonunion, nonprofessional
or nonadministrative employees in benefit status hired after April
7, 2016, is as follows:
(3)Â
This full-time earning schedule is based on 260 working days per
year and a 5-day week.
(4)Â
Regular part-time employees will earn days at the same rate, i.e.,
calculated on the number of hours worked divided by the full-time
schedule, provided that they work at least 20 hours per week.
(5)Â
While out of work on leave for more than 20 days due to, but not
limited to, on-the-job injury for which the employee is collecting
workers' compensation, long-term disability, sick leave, family medical
leave or leave of absence, employees shall not be eligible to earn
annual leave.
C.Â
Use of annual leave.
[Amended 5-1-2000 ATM by Art. 15; 5-5-2004 ATM by Art. 13; 5-5-2005 ATM by Art.
32]
(1)Â
Annual leave may be taken as follows: Leave may be
taken 1/2 day at a time, with permission of the supervisory authority,
and may be used for personal business and family emergencies.
(2)Â
For purposes of this section, a leave year is defined
as January 1 to December 31. Up to 10 accumulated leave days may be
carried forward to the next leave year. Such leave days must be used
within the next leave year. Any accumulated leave time over 10 days
not taken by December 31 of each leave year will be forfeited. However,
the Personnel Board may grant an additional carryover of 5 leave days,
for a maximum of 15 leave days, to the next leave year by considering
a written appeal by an employee who is contemplating an extended leave
prior to April 1 of the next following leave year. In all cases, any
carryover leave days which exceed 10 and which are not utilized by
April 1 of the next following leave year will be forfeited. Appeals
must be filed by December 1 of each leave year with the Personnel
Board/Human Resources.[1]
[Amended 5-5-2004 ATM by Art. 13]
D.Â
Any employee whose service is severed with the Town
during the leave year shall be compensated for any earned and unused
annual leave.
E.Â
Full-time employees on the N schedule shall receive
2 personal days each January 1st. Unused days will be forfeited each
December 31st. Days may be used in one-half-day increments. Part-time
employees in the above schedules shall earn personal days on a pro-rated
basis.
[Amended 5-5-2005 ATM by Art. 32; 4-10-2008 ATM by Art.
20]
[Amended 5-1-2000 ATM by Art. 15; 4-10-2008 ATM by Art.
20]
All regular employees in benefit status shall
be allowed the following 12 holidays with pay: New Year's Day, Martin
Luther King Day, Presidents Day, Patriots Day, Memorial Day, Independence
Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Day
after Thanksgiving and Christmas Day. When one of the foregoing holidays
falls on a Sunday, the holiday will be observed on the following Monday.
When one of the foregoing holidays falls on a Saturday, the holiday
will be observed on the preceding Friday. If a holiday falls on a
regularly scheduled day off, or when a regular Town employee is scheduled
to work on a holiday, he/she shall be given an additional day off
with pay or shall receive straight-time pay for the hours actually
worked in addition to his regular pay.
[Amended 4-30-1998 ATM by Art. 4; 5-3-1999 ATM by Art. 9; 5-1-2002 ATM by Art.
11; 5-5-2005 ATM by Art. 32]
A.Â
Each regular employee in benefit status shall accumulate
sick leave for personal illness at the rate of 7.5840 hours per month
for a total of 13 days per year, unless otherwise provided in a collective
bargaining agreement. Sick leave will not be accumulated by an employee
when absent due to illness, injury or leave of absence for more than
20 consecutive working days. Sick leave is for the protection of employees
against loss of pay because of illness and shall not be taken into
account in figuring termination pay. Probationary employees are allowed
to accrue sick leave from the first day of employment but are not
permitted to utilize these leave days until the probationary employee
status has been completed. Sick leave may be used in hourly increments
with a minimum of 2 hours.
[Amended 4-29-2007 ATM by Art. 15; 4-10-2008 ATM by Art.
20]
B.Â
If on sick pay, an employee may be compensated at
his regular rate of pay for absences of not more than 5 consecutive
working days, provided that the supervisory authority is satisfied
that the absence was caused by the employee's illness. Sick leave
with pay will be allowed for more than five consecutive working days
only upon submission of a doctor's certificate satisfactory to the
supervisory authority. Such certificate will also be filed with the
employing agency. Such payment for sick leave may not exceed the employee's
accrued sick leave benefit.
C.Â
Up to the limit of the dollar amount accrued, an employee
may request that his/her sick leave and accrued annual leave be used
to supplement worker's compensation payments in each pay period, as
long as said payments do not exceed his/her regular after-tax income.
D.Â
When an employee is on sick leave and his accrued leave expires or he/she is receiving benefits under workers' compensation and his accrued leave expires, he/she will fall under the provisions of § 43-12, Leave of absence; that is, no provision of this plan will apply, and seniority, sick leave and annual leave will not accrue during this absence.
E.Â
When a regular employee retires, or dies, he/she or his beneficiary
shall receive pay equal to the employee's most recent daily straight-time
rate multiplied by 60% of his unused accumulated sick leave days in
effect as of his retirement or death. Such severance pay shall not
exceed an amount as follows:
[Amended 4-10-2008 ATM
by Art. 20; 4-7-2016 ATM by Art.
12]
F.Â
Employees hired after April 7, 2016, shall have accrued sick leave
capped at a maximum of 125 days. Employees hired prior to April 7,
2016, shall continue to accrue sick leave and shall not be subject
to the cap.
[Added 4-7-2016 ATM by
Art. 12]
Any employee may apply for a leave of absence
without pay. The application must be approved by both the employing
agency and the Personnel Board and will be granted only under unusual
conditions. If a leave of absence is granted, no provision of this
plan will apply, and seniority, sick leave and annual leave will not
accrue during this absence. An employee may remain covered by the
Town's group insurance plan if he/she pays 100% of the monthly premium.
This section does not apply to short-term military leave.
[Amended 5-5-2005 ATM by Art. 32]
A.Â
Each regular employee in benefit status may be eligible
to receive an absence with pay not to exceed 3 days which may be granted
at the discretion of the supervisory authority in case of death of
a member of an employee's immediate family. For purposes of this section,
the term "immediate family" shall mean an employee's spouse, child,
father, mother, sister, brother, grandparents, father-in-law, mother-in-law,
brother-in-law or sister-in-law.
B.Â
Employees may be granted up to 2 additional days absence
with pay, at the discretion of the supervisory authority, in the event
of the death of a spouse, child or parent.
If an employee is called to serve on jury duty,
he/she shall be paid the difference between compensation for serving
on jury duty and his regular (base) pay. Employees serving on jury
duty should make every reasonable attempt to report for work on the
days on which they serve. Reasonable documentary proof of actual service
of jury duty must be presented to the supervisory authority in order
for this compensation to be paid.
[Amended 5-1-2000 ATM by Art. 15; 5-5-2005 ATM by Art. 32]
An employee called to Reserve or National Guard
duty will be compensated for the difference between his military pay
and his/her regular (base) pay for the training period, not to exceed
17 days in any year, upon satisfactory evidence of completion of the
training period. Military pay shall be considered to be all pay received
for the entire 17-day period, including Saturdays and Sundays. Military
leave shall not be charged to vacation time.
A.Â
A regular full-time female employee, after having
successfully completed her probationary period, shall be granted an
8-week maternity leave without pay, for the purpose of giving birth
to a child, adopting a child who is under 18 years of age or adopting
a person under the age of 23 who is mentally or physically disabled.
The employee must give at least 2 weeks' notice of her anticipated
departure date and intention to return to her job.
[Amended 4-30-1998 ATM by Art. 4; 5-1-2000 ATM by Art. 15; 5-5-2005 ATM by Art.
32]
B.Â
Such employee, provided that she has complied with Subsection A above, shall be entitled, at the conclusion of her maternity leave, to return to work at her previous or similar position with the same status she held as of the date her maternity leave commenced, unless other employees with equal length of service and status in the same or similar positions have been laid off due to changes in economic or operating conditions during the period of her maternity leave.
[Amended 5-1-2000 ATM by Art. 15]
C.Â
An employee on maternity leave may use her earned sick leave or annual leave. If she has no accrued leave available or her accrued leave expires, she will fall under the provisions of § 43-12, Leave of absence; that is, no provision of this plan will apply, and seniority, sick leave and annual leave will not accrue during this absence.
[Amended 5-1-2000 ATM by Art. 15; 5-5-2005 ATM by Art. 32]
All new employees are required to have a physical
examination completed after an employment offer has been made and
prior to beginning work to ensure that they are capable of performing
the essential functions of the job with or without a reasonable accommodation.
Physical examinations shall be done by a physician designated by the
town, at town expense. The town physician is responsible for making
recommendations to the Human Resources Department and for maintaining
confidential medical records on the individuals.
A.Â
Any employee who feels aggrieved by the administration
of any provision of this plan may take the matter up with his immediate
supervisor.
B.Â
If the matter is not cleared up following a discussion
with the immediate supervisor, the employee may submit a complaint
to the employing agency in writing, which shall then give the employee
an informal hearing and attempt to reach a mutually satisfactory adjustment.
C.Â
If the matter is not satisfactorily settled within
2 weeks after a written complaint is made, either party may submit
the question to the Personnel Board. The Personnel Board shall take
the matter under advisement, may hold a public or private hearing
and shall render a final and binding decision within 30 days.
[Amended 5-5-2005 ATM by Art. 32]
[Amended 11-17-1999 STM, Art. 2; 5-5-2005 ATM by Art. 32]
The Town of Wayland is an equal opportunity
employer. This means that it pledges that all candidates for positions
and all officials and employees of the town's agencies will be treated
equally in all actions affecting them. It also means that the town
has a policy of nondiscrimination which guarantees that all applicants
for employment and all employees are not to be discriminated against
because of race, color, age, sex, religion, ethnicity, national origin,
sexual orientation, veteran status, political affiliation or disability.
[Amended 5-1-2000 ATM by Art. 15]
As of July 1992, all provisions of this chapter
must conform to the requirements of the Americans with Disabilities
Act (ADA). In keeping with the recommendation of the Report of the
House Committee on Education and Labor (Report No. 101-485), the Town
shall take all action necessary to comply with the Act.
The Personnel Board shall establish a policy
consistent with the Family Medical Leave Act of 1993.
[Added 5-1-2000 ATM by Art. 15]
The Personnel Board shall establish a policy
consistent with the Small Necessities Leave Act of 1998.
