The regular workweek for full-time employees covered by this
bylaw shall be 40 hours or such lesser number of hours as is set by
the employee's department head with the written approval of the
Town Administrator. In no event, however, shall the regular workweek
for a full-time position be less than 35 hours. The actual hours to
be worked by employees shall be scheduled by the applicable department
head.
An employee who is not exempt from the provisions of the Fair
Labor Standards Act[1] will be compensated at a rate of 1 1/2 times his/her
regular hourly rate for all hours worked in excess of 40 during a
payroll week or eight in a day. Hours of paid leave taken during a
week other than paid sick leave shall be considered as "hours worked"
in determining whether an employee is eligible for overtime compensation
for that week. No employee shall be permitted to work beyond his/her
regular work hours without the explicit authorization of his/her department
head.
[1]
Editor's Note: See 29 U.S.C. § 201 et seq.
A.
Health insurance. Any employee who receives compensation from the
Town for his/her services and who regularly works no less than 20
hours per week for the Town may participate in the Town's health
insurance program. The Board of Selectmen is responsible for determining
the health plans that will be offered as well as the contribution
that will be paid by the Town toward the premium expense for such
coverage. Details of the program may be obtained from the Treasurer.
B.
Life insurance. Employees who are eligible for participation in the
Town's health insurance program are also eligible for participation
in the Town's life insurance program. Details of the program
may be obtained from the Treasurer.
A.
Permanent full-time employees will be entitled to payments based
on years of continuous full-time service with the Town, payable at
the end of the first full pay period of each fiscal year, per the
following schedule:
(1)
Employees who have at least five years of employment at the commencement
of the fiscal year, but less than 10 years, shall receive a payment
of $550.
(2)
Employees who have at least 10 years of employment at the commencement
of the fiscal year, but less than 15 years, shall receive a payment
of $625.
(3)
Employees who have at least 15 years of employment at the commencement
of the fiscal year, but less than 20 years, shall receive a payment
of $675.
(4)
Employees who have at least 20 years of employment at the commencement
of the fiscal year, but less than 25 years, shall receive a payment
of $725.
(5)
Employees who have least 25 years of employment at the commencement
of the fiscal year shall receive a payment of $775.
B.
Permanent part-time employees who, on average, work 20 hours per
week or more shall be eligible to receive longevity payments on a
proportional basis as their average weekly hours compare to the number
of hours in the full-time work week for the employee's position.
A.
Vacation leave.
(1)
All employees who have been employed for at least one full year of
continuous full-time employment as of July 1 of any year, but less
than five full years of continuous full-time employment, shall be
entitled as of that July 1 to 10 working days of vacation with pay.
An employee who has worked less than one year as of July 1 shall accrue
5.83 hours of vacation for each full month of service that he/she
has completed as of July 1. Employees who have been employed for at
least five full years of continuous full-time employment as of July
1 in any year, but less than 10 full years of continuous full-time
employment, shall be entitled as of that July 1 to 15 days of vacation.
Employees who have been employed for at least 10 full years of continuous
full-time employment as of July 1 in any year, but less than 15 full
years of continuous full-time employment, shall be entitled as of
that July 1 to 20 days of vacation. Employees who have been employees
for at least 15 full years of continuous full-time employment as of
July 1 in any year, but less than 20 full years of continuous full-time
employment, shall be entitled as of that July 1 to 20 days of vacation
plus one additional day of vacation for each year through year 19.
Employees with 20 years or more of continuous full-time employment
as of July 1 in any year shall be entitled as of that July 1 to 25
days of vacation.
(2)
Vacation time accrued as of July 1 of each year shall be taken in
the twelve-month period thereafter, and will not be carried beyond
June 30 of the following year without the written approval of the
Town Administrator.
(3)
The department heads shall schedule all vacations at such time as
will best serve the public interest, but the employee shall have the
right to take his/her vacation between May 15 and September 15 of
each year.
(4)
Preference of vacation periods shall be given on the basis of seniority
whenever possible, and shall be scheduled within departments as follows:
(a)
Employees so entitled may take one day to 10 consecutive days
of vacation.
(b)
Selection of the 11th to 15th days of vacation shall be deferred
until the initial ten-day selection of other employees.
(c)
Selection of the 16th to 20th days of vacation shall be deferred
until the initial ten-day selection and 11th to 15th day selection
of other employees.
(5)
Upon the death of an employee, payment shall be made in an amount equal to the vacation allowance earned as of the preceding July 1 and not taken, and a further allowance of one day for each month accrued since July 1, subject to the limitations of Subsection A(1) above. The department head, with the approval of the Town Accountant, will authorize payment in the following order of precedence:
(6)
Persons who resign after giving two weeks' notice, or whose
services are terminated by dismissal except for cause, shall be paid
for vacation time accrued as of the date of resignation or dismissal.
Persons who enter military service for a period of not less than six
months shall be paid for accrued vacation.
(7)
When a paid holiday occurs during an employee's vacation, he/she
shall either receive holiday pay or shall be entitled to a day's
vacation at a time approved by the appropriate department head.
(8)
The Treasurer shall be notified by the department head of all leave
taken on forms provided for such purpose.
B.
Sick leave.
(1)
Upon completion of 180 calendar days of permanent full-time employment,
an employee will be credited with 7.5 days of sick leave. Thereafter,
the employee will earn sick leave on the basis of 1 1/4 days
of sick leave for each month of full-time service. Sick leave not
used in any year may be accumulated, but not to exceed 180 working
days in the aggregate.
(2)
Accrued sick leave will be determined from attendance records since
January 1, 1957. Upon termination of employment, employees shall not
be entitled to any direct or indirect payment for unused sick leave.
(4)
With the department head's and Town Administrator's approval,
vacation time may be converted to sick leave if no sick leave time
is available.
(5)
A medical certificate may be required as proof of sickness, injury
or exposure to contagious disease. Failure to report absence promptly
or to obtain a required certificate within seven calendar days after
request will provide the department head with sufficient reason for
disapproving a sick leave request.
(6)
If any employee is injured while performing his/her duty, and such
accident is covered by workers' compensation, he/she shall receive
sick leave up to the extent of his/her credits until payment under
Workers' Compensation Law begins. In addition, he/she may use
accrued sick leave to satisfy the difference between compensation
payments and his/her regular salary. Any absence resulting from such
injury that is in excess of available sick leave or vacation credits
shall be deemed leave of absence without pay.
(7)
Traffic supervisors shall be allowed one working day of sick leave
for each month of service, not to exceed seven working days per year.
(8)
No sick leave will be granted to temporary employees.
(9)
Unauthorized absence or abuse of sick leave shall be grounds for
disciplinary action by the Town up to discharge of the employee.
(10)
A regular full-time employee (other than the Town Administrator)
who does not use any sick leave during a particular calendar quarter
(January 1 through March 31, April 1 through June 30, July 1 through
September 30, or October 1 through December 31) shall be granted one
day of personal leave, provided the employee had used no more than
six days of sick leave during the twelve-month period that preceded
the commencement of the calendar quarter.
(11)
Upon retirement of an employee pursuant to MGL c. 32, the employee
shall be entitled to cash payment for 25% of his/her accumulated unused
sick leave at his/her then hourly rate. In no event, however, shall
an employee be paid more than 250 hours. Employees hired on/or after
July 1, 2017, shall not be eligible for the provisions of this section.
C.
Funeral leave. In case of death in the immediate family (husband,
wife, children, parents, stepparents, grandparents, brothers, sisters,
mothers-in-law, fathers-in-law), employees will be granted up to three
calendar days in each instance without loss of pay. Such funeral leave
may extend to one day after the funeral.
D.
Personal leave.
(1)
Regular full-time employees, excluding temporary employees, shall
be entitled to be absent from work for three days per fiscal year
without loss of their regular straight-time pay to attend to personal
business.
(2)
Such absence shall be requested of the department head not later
than three working days in advance of its occurrence. The scheduling
of such absence for personal business shall be at the reasonable discretion
of the department head. Such personal day shall not be used to extend
vacations.
E.
Holidays.
(1)
Regular full-time employees shall receive their regular straight-time
pay for the following legal holidays falling on a regular day of work.
(a)
The holidays are:
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January 1
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Columbus Day
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Martin Luther King, Jr. Day
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November 11
|
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Presidents' Day
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Thanksgiving day
|
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Patriots' Day
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Day after Thanksgiving
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Memorial Day
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1/2 day before Christmas
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July 4
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Christmas day
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Labor Day
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(b)
To be eligible for such holiday pay, an employee shall have
worked or have satisfactorily presented himself/herself for work on
the regularly scheduled workday before the holiday and the first one
after it unless absence on either or both days is approved by the
department head.
(2)
If required to work on a holiday enumerated above, exclusive of the
day after Thanksgiving, an employee who is not exempt from the Fair
Labor Standards Act[1] shall receive, in addition to regular holiday pay, time
and a half for hours worked. The day after Thanksgiving is a non-premium
holiday and such an employee, if required to work, would receive,
in addition to regular holiday pay, straight time for hours worked.
[1]
Editor's Note: See 29 U.S.C. § 201 et seq.
(3)
Traffic supervisors will receive regular straight-time pay for school
holidays.
F.
Discretion to grant greater leave entitlement. Upon hiring an individual
into a department head or administrative position, the Board of Selectmen
may, in appropriate situations, elect to provide the individual with
a greater leave entitlement than would be required under the previous
subsections.
A.
Eligibility.
(2)
The above-listed benefits (and longevity for clerical employees)
are the only fringe benefits available to part-time employees, except
for any health insurance entitlement pursuant to MGL c. 32B.
(3)
Call firefighters are not eligible for any benefits under this bylaw
regardless of how many hours they work.
(4)
Seasonal employees, and part-time employees who, on the average,
work fewer than 20 hours per week, shall not be eligible for any benefits.
B.
Vacation leave. Vacation entitlement for part-time employees shall be calculated as of July 1 by dividing the average number of hours worked by the employee on a weekly basis since the previous July 1 (or, if hired after the previous July 1, since the employee's employment date) by the number of hours in the full-time workweek for the employee's position and then multiplying that fraction by the number of days of vacation to which a full-time employee who has the same length of continuous service to the Town would be entitled pursuant to § 62-37A above.
C.
Sick leave. Upon completion of 180 calendar days of employment with
the Town, an eligible part-time employee will thereafter earn sick
leave on a proportionate basis as the employee's average weekly
hours compared to the number of hours in the full-time workweek for
the employee's position. For example, an employee who worked
20 hours per week in a part-time clerical position for which the full-time
workweek was 35 hours would have his/her monthly sick leave entitlement
calculated as follows:
|
20/35 x 8.75 hours = monthly sick leave entitlement.
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D.
Holidays. An eligible part-time employee who is regularly scheduled to work on the day of the week on which any one of the holidays listed at § 62-37E, above, is observed shall be paid for the number of hours that he/she was regularly scheduled to work on such day, provided that he/she has worked his/her shift immediately prior to the holiday and his/her shift immediately after the holiday (unless absence on either or both days is approved by the department head).
E.
Funeral leave. In case of death in the immediate family (husband,
wife, children, parents, stepparents, grandparents, brothers, sisters,
mothers-in-law, fathers-in-law), employees will be granted three calendar
days in each instance without loss of pay. Such funeral leave may
extend to one day after the funeral.
Except as otherwise provided in this bylaw, or applicable state or federal statute, all leaves of absence shall be without compensation or other benefits and shall be subject to the approval of the department head. When a leave of absence is occasioned by the medical disability of an employee, as ascertained under § 62-37B of this bylaw, after exhausting all available sick leave and vacation leave, the full-time employee shall be granted one day of additional sick leave for each month of such disability and a part-time employee shall be granted one part-time day for each month of such disability.
A.
Leave without pay. Upon approval of the Board of Selectmen, or its
designee, an employee may be granted leave without pay for a specified
period of time not to exceed one year. At the expiration of a leave
without pay, the employee shall return to the position or to a similar
position. Failure of the employee to report promptly at the expiration
of such leave shall be considered a resignation. Leave without pay
shall not constitute a break in service. However, during leave without
pay vacation, personal leave, and sick leave shall not accrue.
B.
Jury service. Full-time employees shall be allowed leave to fulfill
jury duty. If the jury fees, exclusive of travel allowances, received
by said employee for such jury duty shall be less than the regular
pay received by him/her from the Town, the difference between said
fees and regular pay shall be paid to such employee by the Town. However,
as a condition to receiving such payment, the employee agrees that
if during such jury duty he/she is discharged for the day or major
portion thereof during regular work hours, he/she will report to his/her
supervisor for such work as may be assigned. An employee performing
such jury duty and who desires the benefit of this subsection shall
be required to present weekly to his/her department head a certificate
by the court or any duly authorized representative as to the time
spent by the employee in such jury duty during such week.
C.
Regular military service; re-employment. Leaves without pay shall
be granted to permanent full-time and part-time employees, excluding
temporary employees, who enter military service in accordance with
the provisions of the Acts of 1941, Section 708, as amended (Appendix
to General Laws Chapter 33), for the duration of a single enlistment
which, except for a national emergency as declared by the President
of the United States, will not exceed four years.
D.
Military training leave. Any member of the Reserve Forces of the
United States who, in order to receive military training not exceeding
17 days in any one calendar year, leaves a position of regular full-time
employment with any Town department and who first shall give notice
to his/her department head of the date of departure and date of return
for the purpose of military training, and who shall give evidence
to his/her department head of the satisfactory completion of such
training immediately thereafter, shall be entitled to treat such time
of absence for military training as military leave time and be compensated
therefor by the Town in an amount equivalent to the difference between
his/her normal rate of pay from the Town and the base pay received
by him/her from his/her reserve unit. Such employee shall provide
evidence satisfactory to his/her department head of the base pay he/she
received from said reserve unit during said period of time. The employee's
absence for military training shall not affect the employee's
right to receive normal vacation, sick leave, advancement and other
advantages of his/her employment normally to be anticipated in the
employee's particular position. In lieu of military leave time
and compensation therefor as provided above, the employee shall be
entitled to treat such time of absence for military training as part
or all of the vacation time to which he/she is entitled and be paid
in full for said time upon request prior to departure, notice of date
of departure and return for the purpose of military training being
first given by the employee to his/her department head.
E.
Parental leave for purposes of giving birth or adoption.
(1)
Per Massachusetts Maternity Leave Act (MMLA), as amended,[1] a full-time male or female employee who has completed
his/her probationary period, or, if there is no such probationary
period, has been employed for at least three consecutive months, and
who is absent from his/her employment with the employer for a period
not exceeding eight weeks for the purpose of giving birth or adoption,
shall be granted a parental leave without pay if his/her request for
such leave is made to the department head at least two weeks in advance
of the anticipated date of departure. If an employee has accrued sick
leave or vacation credits at the commencement of his/her parental
leave, he/she may use such leave credits for which he/she may be eligible
under the sick leave or vacation provisions of this bylaw.
[1]
Editor's Note: See MGL c. 149, § 105D.
(2)
At the expiration of the parental leave, the employee will be restored
to his/her previous position or similar position with the same status,
pay and length of service credit as of the date of his/her leave.
If during the period of the leave, employees in the same or similar
position in the department have been laid off through no fault of
their own, the employee will be extended the same rights and benefits,
if any, extended to employees of equal length of service in the same
or similar position in the department.
(3)
Notwithstanding any other provisions of this bylaw to the contrary,
the parental leave granted under this article shall not affect the
employee's right to receive any contractual benefits for which
he/she was eligible at the time of his/her leave.
(a)
If, upon request of an employee, the department head grants
a leave beyond eight weeks, such leave shall be considered a regular
leave of absence without pay. The period of such unpaid leave shall
not be included in any computation of contractual benefits, rights,
or advantages.
(b)
Not later than two weeks prior to the expiration of the eight
weeks' parental leave, an employee may request a return to work
reduced time. If approved by the department head, said employee will
accrue benefits in the same proportion that such part-time service
bears to full-time service.
F.
Family and medical leave. Under the Family and Medical Leave Act
of 1993 (FMLA),[2] eligible employees are entitled to take up to 12 weeks
of unpaid, job-protected leave during a twelve-month period for specified
family and medical reasons.
(1)
Eligibility.
(a)
An employee who has been employed by the Town for at least 12
months and has worked at least 1,250 hours in the Town's service
over the previous 12 months is eligible for FMLA leave.
(b)
Purposes for which FMLA leave may be taken. FMLA leave may be
taken for the following purposes:
[1]
For the birth and care of the newborn child of the employee;
[2]
For placement with the employee of a son or daughter for adoption
or foster care;
[3]
To care for an immediate family member (spouse, child, or parent)
with a serious health condition; or
[4]
To take medical leave when the employee is unable to work because
of a serious health condition.
(c)
Leave for birth and care, or placement for adoption or foster
care must conclude within 12 months of the birth or placement.
(2)
Twelve-month period.
(a)
The twelve-month period in which the 12 weeks of FMLA leave
may be taken is a "rolling" twelve-month period measured backward
from the date an employee uses any FMLA leave. Thus, each time an
employee takes FMLA leave, the remaining leave entitlement would be
any balance of the 12 weeks that has not been used during the immediately
preceding 12 months.
(b)
For example, if an employee has taken eight weeks of leave during
the past 12 months, an additional four weeks of leave could be taken.
If an employee used four weeks beginning February 1, 2017, four weeks
beginning June 1, 2017, and four weeks beginning December 1, 2017,
the employee would not be entitled to any additional leave until February
1, 2018. However, beginning on February 1, 2018, the employee would
be entitled to four weeks of leave, and on June 1 the employee would
be entitled to an additional four weeks, etc.
(3)
Serious health condition. As used in the FMLA, the term "serious
health condition" means an illness, injury, impairment, or physical
or mental condition that involves either:
(a)
Any period of incapacity or treatment connected with inpatient
care (i.e., an overnight stay) in a hospital, hospice, or residential
medical-care facility, and any period of incapacity or subsequent
treatment in connection with such inpatient care; or
(b)
Continuing treatment by a health care provider which includes
any period of incapacity (i.e., inability to work, attend school or
perform other regular daily activities) due to:
[1]
A health condition (including treatment therefor, or recovery
therefrom) lasting more than three consecutive days, and any subsequent
treatment or period of incapacity relating to the same condition,
that also includes:
[2]
Pregnancy or prenatal care. A visit to the health care provider
is not necessary for each absence; or
[3]
A chronic serious health condition, which continues over an
extended period of time, requires periodic visits to a health care
provider, and may involve occasional episodes of incapacity (e.g.,
asthma, diabetes). A visit to a health care provider is not necessary
for each absence; or
[4]
A permanent or long-term condition for which treatment may not
be effective (e.g., Alzheimer's disease, a severe stroke, terminal
cancer). Only supervision by a health care provider is required, rather
than active treatment; or
[5]
Any absences to receive multiple treatments for restorative
surgery or for a condition which would likely result in a period of
incapacity of more than three days if not treated (e.g., chemotherapy
or radiation treatments for cancer).
(4)
Intermittent leave. Under some circumstances, employees may take
FMLA leave intermittently; which means taking leave in blocks of time,
or by reducing their normal weekly or daily work schedule.
(a)
If FMLA leave is for birth and care or placement for adoption
or foster care, use of intermittent leave is permissible only with
prior approval of the Board of Selectmen.
(b)
FMLA leave may be taken intermittently whenever medically necessary
to care for a seriously ill family member, or because the employee
is seriously ill and unable to work.
(5)
Use of paid leave time. An employee may choose to use accrued vacation
leave or personal leave to cover some or all of the FMLA leave. Also,
to the extent that the circumstances of the leave meet the Town's
usual requirements for the use of sick leave, the employee may elect
to use accrued sick leave. For example, an employee whose FMLA leave
is due to his/her own "serious health condition" would be able to
elect to use accrued sick leave during the FMLA leave. However, an
employee whose FMLA leave is for the purpose of caring for his/her
sick parent would not be able to use paid sick leave during his/her
FMLA leave since under the Town's policies sick leave may not
be used for family illness.
(6)
Maintenance of health benefits. During the period that an employee
is on FMLA leave, the Town will maintain its usual contribution toward
the premium expense of the health insurance coverage in which the
employee is enrolled. The employee will be required to make arrangements
with the Town Treasurer for paying his/her share of the premium expense
during such leave.
(7)
Notice requirements and certifications.
(a)
Employees seeking to use FMLA leave are required to provide
to their supervisor or department head 30 days' advance notice
of the need to take FMLA leave when the need is foreseeable and such
notice is practicable. When the approximate timing of the need to
take FMLA leave is not foreseeable, the employee will be expected
to provide notice to the Town as soon as practicable under the facts
and circumstances of the particular case.
(b)
The Town may also require employees to provide:
[1]
Medical certification supporting the need for leave due to a
serious health condition affecting the employee or an immediate family
member;
[2]
Second or third medical opinions (at the Town's expense)
and periodic recertification; and
[3]
Periodic reports during FMLA leave regarding the employee's
status and intent to return to work.
(c)
When intermittent leave is needed to care for an immediate family
member or the employee's own illness, and is for planned medical
treatment, the employee must try to schedule treatment so as not to
unduly disrupt the Town's operation.
(8)
Job restoration.
(a)
Upon return from FMLA leave, an employee will be restored to
the employee's original job, or to an equivalent job with equivalent
pay, benefits, and other terms and conditions of employment.
(b)
In addition, an employee's use of FMLA leave will not result
in the loss of any employment benefit that the employee earned or
was entitled to before using FMLA leave, nor be counted against the
employee under a "no fault" attendance policy.
(9)
Further information. The United States Department of Labor's
Employment Standards Administration, Wage and Hour Division, has issued
detailed regulations that explain the rights of employees and employers
under the FMLA. A copy of these regulations is available at the Town
Administrator's office.
If any portion of the bylaws contained herein conflict with
the provisions of the Massachusetts Maternity Leave Act or the Family
Medical Leave Act, the provisions of the applicable statute shall
prevail. In addition the MMLA and the MCAD's interpretation will
apply in all questions related to qualifying circumstances for use
of both MMLA leave and FMLA leave in same twelve-month period.
[2]
Editor's Note: See 29 U.S.C § 2601 et seq.
G.
Domestic violence leave. Employees who are impacted by domestic violence,
if eligible, and in accordance with MGL c. 149, § 52E, may
elect to take leave under the Town's Domestic Violence Leave
Policy. See Appendix B, as amended.[3]
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
