[HISTORY: Adopted by the Town of Bolton 5-7-2012 ATM by Art. 10 (Section
1.14 of the Town Bylaws); previously amended 5-2-1988
ATM by Art. 7; 12-5-1989 STM by Art. 11; 6-10-1996 ATM by Art. 21; 5-5-1997 ATM by Art. 3; 12-13-1999 STM by Art.
3; 5-4-2004 ATM by Art. 16; 5-7-2007 ATM by Art. 6; 7-14-2008
ATM by Arts. 5, 6. Additional
amendments noted in the text where applicable.]
Pursuant to the provisions of the MGL c. 41, §§ 108A
and 108C, and other enabling acts, the Town establishes plans that
authorize a Classification Plan classifying positions in the service
of the Town into groups and classes doing substantially similar work
or having substantially similar responsibilities, except for the following:
[Amended 5-3-2021 ATM by Art. 10]
A.
This Personnel Bylaw shall be administered by the Town Administrator
under the general direction of the Select Board. The Select Board
may establish policies and procedures as necessary for the administration
of this Personnel Bylaw. The Town Administrator shall periodically
review the bylaw and make recommendations to the Select Board for
any changes, as appropriate.
B.
It shall be the responsibility of the Town Administrator to research
and recommend to the Select Board the appropriate agencies for the
review of the Town's Classification and Compensation Plans at reasonable
intervals.
[Amended 5-4-2004 ATM by Art. 11]
A.
The provisions of this bylaw shall be applied equally to all employees
covered by the Classification Plan without discrimination as to race,
sex, color, handicap, national origin, military status, religion,
age (as defined by law), ancestry, sexual orientation (as defined
by law) and genetic information consistent with federal and state
law.
B.
The Town of Bolton is an equal opportunity employer. All employment
decisions are made on a nondiscriminatory basis as defined by MGL
c. 151B, § 4, Item 1 (Unlawful Practices), as well
as without regard to political beliefs, military status, or any other
factors which cannot lawfully be the basis for an employment decision.
A.
Sexual harassment is a form of behavior which adversely affects the
employment relationship. It is prohibited by state and federal law.
Sexual harassment of individuals occurring in the workplace or in
other settings in which individuals of the Town may find themselves
in connection with their employment is unlawful and will not be tolerated
by the Town. The Town also condemns and prohibits sexual or other
harassment by any applicant, client, vendor or visitor.
B.
In accordance with MGL c. 151B, § 3A, the Town has
established a sexual harassment policy which shall apply to all elected
officials, department heads, and Town employees, a copy of which is
detailed in a separate policy. This policy shall be issued annually
to all Town employees and new hires, and is available upon request
from the Town Administrator.
[Amended 5-5-1997 ATM by Art. 9]
A.
Harassment on the basis of race, color, religious creed, national
origin, sex, ancestry, sexual orientation (as defined by law) or on
the basis of age (as defined by law), disability, genetic information,
or military status (hereafter referred to as "protected class harassment")
is a form of behavior that adversely affects the employment relationship.
B.
In accordance with MGL c. 151B, § 4, the Town has
established a harassment policy which shall apply to all elected officials,
department heads, and Town employees, a copy of which is detailed
in a separate policy. This policy shall be issued to all Town employees
and new hires, and is available upon request from the Town Administrator.
Employees shall not manufacture, distribute, dispense, possess
or use a controlled substance while in the employ of the Town. The
possession or use of alcohol while at work or reporting for work under
the influence of alcohol is prohibited. The Town is authorized to
establish an alcohol and drug-free workplace policy, a copy of which
is detailed in a separate policy.
Employees of the Town of Bolton covered by the Classification
Plan shall serve "at will" and may be terminated by the Town or may
terminate their employment at any time, with or without notice, absent
a limiting statute or contractual agreement between the Town and the
employee.
The following are the definitions of employee categories for
positions covered by the Classification Plan:
A.
BENEFITS-ELIGIBLE EMPLOYEE — An employee who works
20 hours or more on a regular basis throughout the year.
B.
NON-BENEFITS-ELIGIBLE EMPLOYEE — An employee who
works fewer than 20 hours per week throughout the year.
C.
TEMPORARY EMPLOYEE — An employee who works a schedule
of hours on a short-term basis.
D.
SEASONAL EMPLOYEE — An employee who works temporarily
during a specific season.
E.
EXEMPT EMPLOYEE — An individual who is paid on a
salary basis at a rate not less than $455 per week and is employed
as a bona fide executive, administrative, or professional employee,
and is not entitled to overtime compensation under the federal Fair
Labor Standards Act or state law if she/he meets the following criteria:
(1)
Executive: primary duty is to manage a department;
(2)
Administrative: primary duty is office or nonmanual work directly
related to management policies, or directly assisting an executive;
or
(3)
Professional: primary duty requires advanced knowledge acquired by
specialized study, work is intellectual and the result is not standardized.
F.
NONEXEMPT EMPLOYEE — An employee, whether paid a
salary or hourly wage, whose primary duty is not executive, administrative,
or professional in nature. A nonexempt employee is entitled to overtime
pay under certain conditions.
[Amended 5-4-2004 ATM by Art. 12]
The Town is authorized to establish a recruitment and appointment
policy, a copy of which is detailed in a separate policy and which
is available upon request from the Town Administrator.
Payment for overtime shall be in accordance with the terms of
the Fair Labor Standards Act of 1938, as amended. If an assignment
requires actual work in excess of 40 hours per week, such overtime
work must be authorized in advance by the department head. Nonexempt
employees shall be paid 1 1/2 times their regular hourly rate
for hours actually worked beyond 40 in the workweek. Compensatory
time may be taken in lieu of overtime pay, at the rate of time and
one-half, only by mutual agreement of both the employee and supervisor
prior to overtime hours being worked. If such agreement is made, then
compensatory time should be taken within a reasonable time of being
earned. Executive, administrative and professional employees are exempt
employees under the Fair Labor Standards Act and are not eligible
for overtime pay. An employee is eligible to be paid for any unused
compensatory time upon termination or retirement.
Any benefits-eligible or non-benefits-eligible employee who
leaves Town service while in good standing may be rehired by the appointing
authority and, upon successful completion of one year's service, will
be given credit for prior time actually employed by the Town.
[Amended 6-10-1996 ATM by Art. 13; 5-4-1998 ATM by Arts. 11 and 13; 12-13-1999
STM by Art. 2]
A.
Vacation time. All benefits-eligible employees shall be entitled
to paid vacation in accordance with the following schedule:
|
Service
|
Vacation
| |
|---|---|---|
|
Less than 5 years
(up to 59 months)
|
2 weeks per year
(10 days)
| |
|
5 years to less than 10 years
(60 months to 119 months)
|
3 weeks per year
(15 days)
| |
|
10 years to less than 20 years
(120 months to 239 months)
|
4 weeks per year
(20 days)
| |
|
20 years plus
(240 months plus)
|
5 weeks per year
(25 days)
|
(1)
Based on the above schedule, an employee shall accrue 1/12 of eligible
yearly vacation time per month. Vacation earned is posted on the first
day of each month following the completion of the previous month's
employment (e.g., a forty-hour-per-week employee eligible for two
weeks of vacation per year would earn 0.83 vacation day per month,
or 10 days divided by 12 months). Vacation may not be taken during
the first 90 days of employment. The accrual of vacation benefits
shall be based on actual service in the employ of the Town.
(2)
An employee shall request and receive approval for vacation leave
from his or her department head in writing.
(3)
Benefits-eligible employees under § 70-8A are entitled to vacation leave in the same proportion that the employee's service relates to full-time service. Temporary, seasonal, and non-benefits-eligible employees are not entitled to accrue vacation days with pay.
(4)
Employees are required to take vacation on a regular basis to allow
for the proper rest from the rigors of work. With prior approval of
the department head and Town Administrator, and after validation of
available earned days by the Town Treasurer, employees may be allowed
to carry over no more than five days of unused vacation into the following
fiscal year.
(5)
A benefits-eligible employee who has accrued vacation under this
policy, and whose employment ends for any reason prior to usage of
such vacation, shall be paid for any accrued vacation time remaining.
(6)
At the department head level, the Select Board shall have the authority
to consider prior relevant employment when establishing vacation time.
[Amended 5-3-2021 ATM by Art. 10]
B.
Sick leave.
(1)
All benefits-eligible employees shall accumulate sick leave at the
rate of 1¼ days for each month of employment. Unused sick leave
may be accumulated up to a maximum of 150 working days. Sick leave
is intended for use in time of illness only and as such carries no
“buy-back” or “cash-in” valuation.
[Amended 5-4-2015 ATM by Art. 12]
(2)
New employees are entitled to sick leave after completing one month
of service.
(3)
Benefits-eligible employees who do not work an average of 40 hours
per week are entitled to sick leave and may accumulate sick leave
on a prorated basis.
(4)
Sick leave is intended for protection of employees against loss of
pay due to personal illness. However, sick leave may be used by an
employee for illness of a dependent child, spouse, or other immediate
relative, with the approval of his or her department head.
(5)
In the event that any employee exhausts his or her accumulated sick
time, each benefits-eligible employee of the Town of Bolton, with
the permission of his or her department head, may donate up to six
days of his or her sick time accumulated to that employee in a given
fiscal year. The affected employee must first exhaust all personal,
vacation time, and sick leave in order for this to occur.
(6)
For an illness or injury that exceeds five consecutive days, the
employee shall provide the department head with medical certification
of such illness. Department heads may verify the use of sick leave
by employees.
(7)
Accrued sick leave may be used for maternity leave purposes.
C.
Personal leave.
(1)
All benefits-eligible employees, on each July 1 (beginning of the
fiscal year), shall receive three paid personal leave days, which
may be taken during the following 12 months as requested by the employee
and approved by the department head.
(2)
Benefits-eligible employees who work a minimum of 20 hours per week
shall receive personal leave days in the same proportion that the
employee's service relates to full-time service (i.e., on a prorated
basis). Personal days may not be carried over into the next fiscal
year or paid in wages to the employee if not used.
D.
Bereavement leave. All benefits-eligible employees may be granted
up to three days of bereavement leave for the purpose of arranging
for and attending the funeral of a member of the employee's immediate
family, defined as the employee's spouse or partner, mother, father,
mother-in-law, father-in-law, sister, brother, child, grandchild,
grandparent, or other relative residing in the employee's household.
An employee may be granted up to one day of bereavement leave for
the purpose of attending the funeral of an aunt, uncle, niece, nephew,
or other close relative. The department head shall have the discretion
and authority to approve an employee's request for bereavement leave.
E.
Holidays.
(1)
All benefits-eligible employees whose compensation is based on a
weekly rate will receive one day at regular straight-time compensation
(on a prorated basis for benefits-eligible employees working fewer
than 40 hours) for the following holidays:
[Amended 5-2-2022 ATM by Art. 9]
|
One-half floating day
| |
|
New Year's Day
| |
|
Martin Luther King Day
| |
|
Presidents' Day
| |
|
Patriots' Day
| |
|
Memorial Day
| |
|
Juneteenth
| |
|
Independence Day
| |
|
Labor Day
| |
|
Columbus Day
| |
|
Veterans' Day
| |
|
Thanksgiving Day
| |
|
Day after Thanksgiving Day
| |
|
Christmas Day
|
(2)
Each holiday will be observed by the Town of Bolton on the day designated
by state law.
F.
Jury duty. In the event that an employee is summoned for jury duty,
he or she will be excused from work after providing his or her department
head with a copy of the jury duty notice. An employee shall report
for work when not required to report to court on his or her regularly
scheduled work day. An employee who is summoned for jury duty shall
be paid at his or her regular straight-time wages for jury duty during
scheduled work, for up to the first three days of jury duty. After
three days of jury duty, the employee shall be paid the difference
between his or her wages and the jury fees. In order to receive jury
duty pay, the employee must present a statement of jury service to
his or her department head, who shall submit the request to the Town
Treasurer with the corresponding payroll. Paid jury duty after 30
days of such service is subject to the approval of the Town Administrator.
The Town will comply with any applicable state and federal law or
regulation regarding jury duty.
G.
Military leave.
[Amended 5-4-2004 ATM by Art. 14]
(1)
All Town employees are covered under MGL c. 149, § 52A.
An absence for military training shall not affect the employee's right
to receive normal vacation, sick leave, bonus, advancement and other
advantages of his or her employment normally to be anticipated in
his or her particular situation.
(2)
For military service, the Town shall provide such leave as required
by the Uniformed Services Employment and Reemployment Rights Act of
1994 (USERRA).
H.
Leaves of absence.
[Amended 5-4-2004 ATM by Art. 15]
(1)
The Town abides by all federal and state laws regarding employee
leaves of absence, including, but not limited to, the Family and Medical
Leave Act (FMLA), Massachusetts Maternity Leave Act (MMLA), and Small
Necessities Leave Act (SNLA), copies of which are detailed in separate
policies. These policies shall be issued to all Town employees and
new hires, and are available upon request from the Town Administrator.
(2)
If an employee is in need of a leave of absence, he or she shall
consult with his or her department head, who shall bring such request
to the Town Administrator for review of the options available.
I.
Longevity pay. All benefits-eligible employees shall receive longevity
payments according to the following schedule:
[Amended 5-4-2015 ATM by Art. 13; 5-2-2022 ATM by Art. 10]
|
Length of Service
(years)
|
Annual Amount
|
|---|---|
|
10 – 14
|
$500
|
|
15 – 19
|
$750
|
|
20 – 24
|
$1,000
|
|
25 or more
|
$1,250
|
(1)
On an annual basis, the Select Board should review any benefits-eligible
employee who has accumulated over 20 years of service to the Town
and may award a meritorious award up to $100 for this service.
(2)
This amount shall be paid in one lump sum in the first pay period
following the anniversary of the employees's date of hire. The date
of hire shall be considered the date when the employee began working
for the Town at least 20 hours per week on a continuous basis.
(3)
Temporary, seasonal, and non-benefits-eligible employees are not
entitled to longevity pay.
(4)
Longevity pay shall be paid annually and shall be based only on actual
service for the prior year.
J.
Insurance benefits.
(1)
Health insurance.
(a)
Benefits-eligible employees.
[1]
Health insurance is offered in accordance with Chapter 32B of
the Massachusetts General Laws. The Town contributes to the cost of
the health insurance premium at a rate as set by the Select Board.
Health insurance is offered at the time of employment and during the
annual open enrollment period. Benefits-eligible employees, working
a minimum of 20 hours per week, totaling a minimum of 1,040 hours
on a fiscal-year basis, are entitled to join the Town's health insurance
plan. The Town currently offers a variety of health insurance programs.
[Amended 5-3-2021 ATM by Art. 10]
[2]
Open enrollment is offered once a year. At that time, employees
shall have the opportunity to change their current benefits plans
and coverage. Employees will be notified by the Treasurer's office
of the dates of the open enrollment period and when changes will become
effective. Active benefits-eligible employees 65 years of age or over
may remain on the current active health plan until retirement. However,
at age 65, Medicare-eligible employees must apply for Medicare coverage
through Social Security and defer Part B coverage until retirement.
[3]
Under the Consolidated Omnibus Budget Reconciliation Act of
1985 (COBRA), an employee or his or her eligible dependents may be
entitled to continued coverage in the Town's group health insurance
plan in the event the employee resigns or is terminated or an event
occurs that renders the employee no longer eligible for health insurance
benefits. Under such COBRA coverage, the employee will be required
to pay the full cost of his or her monthly insurance premium, plus
an administration fee of 2%, for the employee and his or her dependents.
Specific information is available from the Town Treasurer's office.
(b)
Benefits-eligible retired employees. Retired employees under
the age of 65 on the Town's health insurance plans will be covered
on active health plans until age 65. Retirees must enroll in Medicare
if eligible to do so, and then will be required to enroll in one of
the senior plans offered if they choose to remain covered by the Town.
It is the Town's intention to cover the cost of Medicare Part B for
any retiree or employee who was hired prior to May 7, 2007. Retired
employees not eligible for Medicare will remain on their current active
plan upon providing proof they are ineligible for Medicare. Only employees
who have retired from the Town of Bolton are eligible for Bolton’s
medical retirement plan.
[Amended 5-3-2021 ATM by Art. 9]
(2)
Basic life insurance. The Town of Bolton offers basic life insurance
coverage to employees upon hire, with the Town sharing equally the
cost of the premium with employees. Retirees may continue their coverage
at reduced coverage and cost.
K.
Workers' compensation/injured on duty. Police and fire uniformed
employees are covered under the provisions of MGL c. 41, §§ 100
and 111F, and are entitled to the rights and benefits of these laws.
All other employees are covered under the Massachusetts Worker's Compensation
Law, MGL c. 152, and are entitled to the benefits and provisions of
the law.
L.
Pension. All benefits-eligible employees are required to join the
Worcester Regional Retirement System, with payroll deductions made
in accordance with state law and date of hire.
M.
Educational assistance.
(1)
All benefits-eligible employees who have worked with the Town at
least one year are eligible for reimbursement for tuition and registration
fees for work-related courses which serve to improve their knowledge
and skills and enhance their job performance with the Town.
(2)
Approval for a particular course must be requested by the employee
from his or her department head prior to enrollment in the course.
The department head shall submit the request to the Town Treasurer,
who shall approve the request contingent upon available funds in the
current year's educational assistance budget.
(3)
Reimbursement shall be made upon successful completion of the course
or program, with a minimum grade of "B" or equivalent. The employee
must provide the department head with proof of successful course completion,
including grade received, and proof of course payment, which shall
be submitted to the Town Treasurer for processing.
(4)
The Town may require the employee to sign an agreement to remain
in employment with the Town for a period of up to two years after
the completion of the course, or else be required to reimburse the
Town for such reimbursement.
N.
Mileage reimbursement. When employees have prior approval from their
Department Head to use their personal vehicle for Town business, they
may be reimbursed for that business travel at the approved per-mile
rate set by the Treasurer based on the U.S. General Services Administration's
Privately Owned Vehicles Reimbursement Rates. The Treasurer will notify
all departments of any changes in this rate. Reimbursement will be
paid to and from the work site location, not from the employee's home.
[Amended 5-4-2004 ATM by Art. 13]
The Town Administrator shall be responsible for maintaining
and administering personnel records as may be required by law, and
as necessary for effective personnel management.
A.
Contents of records.
(1)
The Town Administrator shall maintain or cause to be maintained a
personnel record for each employee in compliance with MGL c. 149,
§ 52C. A personnel record shall not include information
of a personal nature about a person other than the employee if disclosure
of the information would constitute a clearly unwarranted invasion
of such other person's privacy.
(2)
Without limiting the applicability or generality of the foregoing,
all of the following written information or documents regarding an
employee shall be included in the personnel record for that employee:
the name, address, date of birth, job title and description; rate
of pay and any other compensation paid to the employee; starting date
of employment; the job application of the employee; resumes or other
forms of employment inquiry submitted to the Town by the employee
in response to the Town's advertisement; all employee performance
evaluations, including, but not limited to, employee evaluation documents;
written warnings of substandard performance; lists of probationary
periods (if any); waivers signed by the employee; copies of dated
termination notices; and any other documents relating to disciplinary
action regarding the employee. A personnel record shall be maintained
in typewritten or printed form, or may be handwritten in indelible
ink.
B.
Confidentiality and access to records. Personnel records shall be
confidential and access to an employee's records shall be limited
to the appointing authority, the Town Administrator, who shall be
charged with administering the personnel system, and the Town Treasurer
on a need-to-know basis. Appointing authorities and/or the employee's
department head may directly access a report contained in an employee's
personnel file upon request to the Town Administrator. Any employee
may, upon written request to the Town Administrator, review his or
her personnel file. Such review shall be in the presence of the Town
Administrator. An employee may also obtain a copy of his/her personnel
file upon five days' written notice.
C.
Location of records. A central file for all employees covered under
the Personnel Bylaw shall be located at Town Hall. On behalf of the
Town, the Town Administrator shall maintain custody of all personnel
records.
D.
Release of information. No information concerning an employee shall
be released without written authorization from the employee, except
to verify employment dates, job title and/or gross salary.
Appointing authorities and/or department heads shall from time
to time conduct performance reviews of their employees.
A grievance is a dispute between an employee and the appointing
or supervisory authority arising out of an application for the benefits
under this bylaw. The Town has established a grievance procedure,
a copy of which is detailed in a separate document. This procedure
shall be issued to all Town employees and new hires, and is available
upon request from the Town Administrator.
[Amended 5-3-2021 ATM by Art. 10]
Subject to the approval of the Select Board, the Town Administrator
may, from time to time, issue rules and regulations concerning the
administration of this Personnel Bylaw.
Each provision of this bylaw shall be construed as separate,
to the end that if any part of it shall be held invalid for any reason,
the remainder shall continue in full force and effect.
