[HISTORY: Adopted by the Annual Town Meeting
of the Town of Orange 3-15-1976 by Art. 15, approved 5-28-1976; amended in its entirety 5-5-2003 (Bylaw 45). Subsequent amendments noted
where applicable.]
The purpose of this chapter is to establish
fair and equitable personnel policies for the Town of Orange, together
with a system of personnel administration based on principles that
will guarantee uniform, fair and efficient application of those policies.
This chapter is adopted pursuant to the authority contained in MGL
c.41 §§ 108A and 108C.
A.
Nothing contained in this chapter shall constitute
an employment contract or abridge or be deemed to abridge the right
of the employer not to employ an employee.
B.
The provisions of this chapter, developed or disseminated
by the Town, are designed and intended to provide guidance and information
and do not create an employment contract, or other employment obligation
for the Town.
All benefits of this chapter are to be based
on date of hire unless otherwise stated in this chapter.
This chapter of the Code of the Town of Orange
summarizes the current benefit plans maintained by the Town. If any
questions arise regarding the interpretation of these plans, the answers
will be determined by reference to the actual plan documents, policies
or governing statutes rather than the summaries contained in these
chapters.
This chapter shall apply to all employees of
the Town. Those under the direction and control of the School Committee,
those with personal service contracts and those with union contracts
shall first be subject to said contracts, which shall apply whenever
a conflict between the contract and this chapter presents. Nothing
in this chapter shall revoke, suspend, or otherwise limit the authority
of the Cemetery Commissioners, Library Trustees, and the Water Commissioners
to direst and manage those employees under their control, as provided
by the relevant laws of the Commonwealth of Massachusetts.
There shall be a Human Resource Board consisting
of five members: one member of the Board of Selectmen, or its designee
as chosen by said Board; at least one member of the Finance Committee
as chosen by said Committee; and one or more members other than Town
officers or employees to be chosen by the Moderator. The Moderator
shall appoint for the term of three years such number of members of
the Human Resource Board as shall be necessary to replace the members
whose terms have expired. In the event of a vacancy or any other cause
than expiration of term of office, the Moderator shall forthwith fill
such vacancy for the unexpired term. Within 10 days after the final
publication in case the Attorney General shall approve it, the Moderator
shall establish the Board by appointing two members to serve for two
years, and one member to serve one year. The Board of Selectmen and
the Finance Committee shall designate their respective members to
serve for three years.
[1]
Note: as published on the Town Meeting Warrant
of June 24, 1996, Article 22, voted unanimously.
A.
The Human Resource Board shall administer this chapter
and establish such policies, procedures and regulations consistent
with the chapter, as it deems necessary. The Town Administrator shall
be responsible for day-to-day administration of the chapter, in consultation
and in cooperation with the Human Resource Board. The final interpretation
of the provisions of this chapter is the exclusive responsibility
of the Human Resource Board.
B.
The Board shall maintain written descriptions of job
titles covered by this chapter in the Town, describing the essential
functions, physical requirements, and general duties under each classification.
The descriptions shall not be interpreted as complete or limiting
definitions, and employees shall continue to perform duties as assigned
by their superiors.
C.
The Board shall maintain personnel records of all
employees, said records to be maintained by the Town Administrator
in one central location, with pertinent information regularly reported
by department heads for this purpose.
D.
The Human Resource Board shall review the pay schedules
and job descriptions of all positions subject to this chapter, at
an interval no greater than three years. The Board shall keep informed
with respect to pay rates and policies outside the Town, and be in
a position to recommend to the Town any action deemed desirable to
maintain fair and equitable pay levels.
E.
The work of all positions subject to the chapter shall
be reviewed at intervals not greater than three years. The Board,
upon presentation of substantiating data, may make recommendations
to the Board of Selectmen with respect to adding new positions, subject
to the ratification of its action by Town Meeting. Only the Board
of Selectmen, Water and Cemetery Commission, Library Trustees and
Board of Assessors are authorized to create an employment contract,
and a signed and written agreement is required to do so.
F.
The Board may establish a compensation rate schedule
for the Town. It may revise compensation rates in cases of emergency,
with such revisions effective upon availability of funds, and subject
to subsequent ratification by the appropriate boards and/or Town Meeting.
G.
The Board shall make an annual report to the Board
of Selectmen in January of each year.
H.
The Human Resource Board shall perform such other
duties as are reasonably related to carrying out personnel policy
implementation and administration.
I.
Actions of the Board resulting in budget-approved
changes in a compensation rate shall become effective in the next
fiscal year, beginning on July 1 if funded by Town Meeting.
Performance reviews for all employees at all
departments levels may be executed by the immediate supervisor during
the month of October, and following the successful completion of an
introductory period of six months for new hires. During the introductory
period, the supervisor should conduct monthly performance reviews
with the employee. Failure on the part of the Town to conduct timely
performance reviews is not a defense to any disciplinary procedure
including termination.
The following words and phrases, whenever used,
shall be defined as indicated below, unless the context clearly requires
otherwise:
The Board of Selectmen, Water and Cemetery Commission, Library
Trustees and Board of Assessors are the appointing authority for most
of the positions.
[Amended 5-2-2005 ATM, Art. 11, approved
8-4-2005]
The Human Resource Board.
An operating unit of Town government funded through one or
more budget categories and under the supervision of a town board.
The employee responsible for the administration and operation
of a Town department, who reports directly to the Town Administrator
or a town board.
An employee who is regularly scheduled on a permanent basis
to work less than 20 hours per week.
[Amended 5-2-2005 ATM, Art. 11, approved
8-4-2005]
An employee who has been hired into an established position
that normally requires a thirty-five- to forty-hour workweek.
An employee who is regularly scheduled on a permanent basis
to work 20 or more, but less than 35, hours per week.
[Amended 5-2-2005 ATM, Art. 11, approved
8-4-2005]
An employee who has been hired into a position of limited
duration in the service of the Town or an employee who has been hired
into an established position for a period not exceeding six months.
The placement of a person into a position in the service
of the Town. Hiring shall be of the following types: regular full-time,
regular part-time, part-time and temporary.
An authorized period of absence from work, without pay if
longer than three days, for regular employees. A department head may
approve the leave.
The Town of Orange.
Employees paid an hourly rate shall be entitled
to overtime pay at the rate of 1.5 times the regular hourly rate for
hours worked in excess of 40 hours in their regular workweek. Approved
sick, vacation leave and legal holidays shall be counted toward the
40 hours. Overtime shall not be paid to department heads, superintendents,
or salaried employees.
A.
Regular full-time and regular part-time employees
shall be given three days' leave, with pay at the regular rate, for
absence due to a death in the immediate family, defined as a spouse,
domestic partner, child, father or mother, stepfather, stepmother,
brother or sister, stepbrother, stepsister, grandparent, father-in-law,
mother-in-law, brother-in-law, sister-in-law, or stepchild.
B.
The Town Administrator and/or employing commission
or board in consultation with a member of the Human Resource Board,
may, where appropriate to circumstances, grant bereavement leave in
the event of death other than those enumerated.
[Amended 5-2-2005 ATM, Art. 11, approved
8-4-2005]
Maternity/Paternity leave shall be administered
as required by MGL c.149, § 105D. In general, an employee
with at least three months of service with the Town of Orange is entitled
to a period of unpaid leave for the purpose of child bearing/adoption
and infant care. Request for such leave shall be made at least two
weeks in advance. An employee does not accrue sick leave or vacation
leave and is not eligible for holiday pay during a maternity/paternity
leave.
[Amended 5-2-2005 ATM, Art. 11, approved
8-4-2005]
The Town, in accordance with the requirements
of the Commonwealth of Massachusetts, MGL c.234, § 1B, shall
pay all employees called for jury duty the difference between their
salary and the compensation the employee received for such jury service,
exclusive of any travel or other allowance.
[Amended 10-14-2004 STM by Art. 11]
All full-time and regular part-time employees
shall be entitled to the following paid holidays, provided that employees
work their last scheduled workday prior to, and their next scheduled
workday subsequent to, the holiday. All requests for an excused absence
must be in writing and certified by the supervisor.
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New Year's Day
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Labor Day
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Martin Luther King Day
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Columbus Day
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President's Day
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Veteran's Day
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Patriot's Day
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Thanksgiving Day
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Memorial Day
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Day after Thanksgiving
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Independence Day
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Christmas Day
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[Amended 10-14-2004 STM by Art. 12]
Full-time and regular part-time employees shall
receive three personal days to be approved by the department head
at least two weeks in advance and shall be reported to the Town Administrator.
Personal days are not cumulative and must be used in the year earned.
In the case of emergency, personal days may be used with the approval
of the department head. Personal days may be taken in one-half-day
increments.
Each full-time and regular part-time employee,
after six months' service, shall be entitled to leave due to sickness,
up to a total of 15 days per year, credited at 1.25 days per month
equivalent of service. All new employees, hired after passage of this
chapter, may retain a maximum of 125 days of unused sick leave. Current
employees (those employed before passage of this chapter) will be
allowed to retain their unused sick leave to an unlimited amount.
Sick leave shall be subject to the following rules:
A.
Sick days are in hour increments.
B.
Employees must notify their department head promptly
of any absence, which is considered sick leave.
C.
Sick leave must be authorized by the department head
and reported to the Town Administrator.
D.
After three consecutive sick days off, a health care
provider's certification of illness shall be required by the department
head.
E.
Employees who suffer a loss of time covered by Worker's
Compensation Insurance may elect to receive from accumulated sick
leave the difference between their normal workweek compensation and
the weekly indemnity of the Worker's Compensation Act, as of the first
day of documented incapacity.
F.
Employees will be entitled to use up to a total of
five sick days per year to care for illness of members of the immediate
family with the approval of their department head.
G.
Sick leave is not payable upon resignation, termination
or retirement or any other separation from employment.
A.
A sick bank shall be established and administrated
by the Human Resource Board for the purpose of providing sick days
to employees suffering from catastrophic illness or injury which results
in hospitalization and for long-term recovery. A Town employee may
request sick bank days from the Human Resource Board, if available,
but shall be subject to the following rules:
B.
The Human Resource Board shall determine the employee's
eligibility to request sick days from the sick bank.
C.
Employees requesting sick bank days shall use their
accrued sick days prior to the request.
D.
Employees may volunteer a maximum of two days of their
accrued sick days to the sick bank with written authority.
E.
Employees submitting sick days to the bank shall designate
a maximum of two days to be used by the requester. The Human Resource
Board shall submit a report on the days used to the Town Administrator.
[Amended 5-2-2005 ATM, Art. 11, approved
8-4-2005]
Under special circumstances, a regular full-time
or part-time employee with one year of employment may request, in
writing, a leave of absence without pay from the Human Resource Board
and respective board or commission. While on a leave of absence, the
employee shall be eligible for health benefits under COBRA rights
only. The Town will make reasonable efforts to return the employee
to the same or similar job as held prior to the leave, subject to
staffing and business requirements. Leaves will not exceed one year.
A.
All eligible employees can use family and medical
leave in the following circumstances:
(1)
The birth of a son or daughter.
(2)
To care for the newborn child.
(3)
Placement of a child with the employee for adoption
or court-approved foster care.
(4)
Care of an immediate family member (spouse, parent,
child) with a serious health condition.
[Amended 5-2-2005 ATM, Art. 11, approved
8-4-2005]
(5)
For a serious health condition which prevents the
employee from performing the essential functions of the employee's
job with or without reasonable accommodation.
B.
Eligible employees may take up to 12 weeks of unpaid
family medical leave within a twelve-month period on a full-time,
intermittent, or reduced-time basis, over a period of time not to
exceed 24 weeks as allowed by the Family and Medical Leave Act. The
twelve-month period begins on July 1 of each year.
[Amended 5-2-2005 ATM, Art. 11, approved
8-4-2005]
C.
Family or medical leave is limited to a maximum of
12 weeks in a twelve-month period for the individual employee or 12
weeks for a combined event if a spouse who is also employed by the
same employer participates as well. Any available paid time off must
be used during a family or medical leave. Family or medical leave
will also run concurrently with worker's compensation or disability
leave if appropriate to the situation. Benefits (except medical and
life insurance, and credit for length of service) and accruals of
sick/personal and vacations are suspended for the unpaid portion of
an employee's leave. If the employee exhausts available time away
prior to his or her ability to return to work for other than health
reasons, voluntary unpaid leave may be requested.
D.
Upon return to work from FMLA-certified leave, the
employee will ordinarily be placed in the same or equivalent job.
The above provision regarding benefits, length of service, and reinstatement
of employment are limited to a period not to exceed 12 weeks. After
12 weeks, approval of leave, provision of continued benefits, and
reemployment are at the discretion of the employer considering staffing
needs and the circumstances of the individual case.
E.
Eligibility. All full-time employees with 12 months
of service and part-time employees with 12 months of service of 1,250
or more hours' completed work are eligible for leave under this policy.
F.
Criteria.
(1)
Employee:
(a)
The employee must notify the supervisor or appropriate
administrator 30 days in advance of requested family or medical leave,
or as soon as possible under the circumstances if the leave cannot
be anticipated. Anticipated time away should be scheduled so as to
minimize disruption to work activities.
(b)
The employee should see his/her supervisor or
Board of Selectmen or its designee, which will provide all required
information and forms to promptly certify a leave covered under the
FMLA policy.
(c)
The employee has an obligation to periodically
advise his/her supervisor or the Board of Selectmen or its designee
of his or her status. The employee's supervisor, or other appropriate
administrator, may periodically request information from the employee
about work for which the employee is responsible.
(d)
Employees need to notify their supervisor or
the Board of Selectmen or its designee of their anticipated return
to work within five days of the effective return date if possible.
A physician's certificate will also need to be submitted to the supervisor
or the Board of Selectmen or its designee, indicating that he or she
has been cleared to return to work with or without restrictions.
(e)
If the employee chooses not to return to work
(for any reason other than continued health-related problems or due
to circumstances beyond the employee's control), the employee will
be expected to reimburse the Town of Orange for its contribution to
health insurance premiums paid during his or her leave.
(2)
Supervisor: Upon notification of an employee's intent
or need to take time off for urgent family or medical reasons, the
supervisor should refer the employee to the Board of Selectmen or
its designee. In consultation with the employee and the Board of Selectmen
or its designee, the supervisor may evaluate, if warranted or appropriate
given the circumstances of the request, whether an intermittent or
reduced work schedule can be arranged. Reduced schedule leave must
be structured within a period of 24 consecutive weeks.
(3)
Note: If the employee takes an intermittent or a reduced
schedule leave, vacation and sick leave earned are pro-rated on the
basis of the employee's regular work schedule.
G.
The Board of Selectmen or its designee will determine,
upon notification by the employee of a request for family or medical
leave, how much paid time off the individual has available, or whether
the leave will run concurrently with other paid time away from work,
and which portions of the leave will be paid or unpaid, and under
what coverage. A physician's certification will be necessary if leave
is requested for medical reasons. The Board of Selectmen or its designee
will certify the beginning date of the family or medical leave in
writing to the employee and will monitor the employee's status on
a monthly basis.
H.
The Board of Selectmen or its designee, intend to
collect reimbursement for any benefit payment made by The Town of
Orange that the employee would have been liable for if the employee
freely chooses not to return to work. The Board of Selectmen or its
designee intends to exercise its right to deny reinstatement to key
employees.
Qualified employees of the Town of Orange will
be entitled to 24 hours of unpaid leave during any twelve-month period.
This leave is in addition to the 12 weeks already allowed under the
Federal Family and Medical Leave Act. To be eligible, the employee
shall have been employed for at least 12 months and worked at least
1,250 hours of service for the Town of Orange during the immediately
previous twelve-month period. The 24 hours of unpaid leave may be
taken for any of the following reasons:
A.
To participate in school activities directly related
to the educational advancement of a son or daughter of the employee
such as parent-teacher conferences or interviewing for a new school;
or
B.
To accompany a son or daughter of the employee to
routine medical or dental appointments or appointments such as check-ups
or vaccinations; or
C.
To accompany an elderly relative of the employee to
routine medical or dental appointments or appointments for other professional
services related to the elder's care, such as interviewing at nursing
or group homes.
To be entitled to leave, employees shall provide
notice to the Board of Selectmen or its designee:
A.
If the need for leave is anticipated, the employee
shall request the leave at least 30 days in advance.
B.
If the need is not anticipated, the employee must
notify the employer as soon as possible under the particular circumstance
of the individual case.
C.
To the extent possible, an employee must provide written
notice to the Board of Selectmen or its designee. If not possible,
the employee may request the leave verbally.
[Amended 11-4-2010 STM by Art. 19]
The employees are to contribute no greater than
30% towards a major indemnity insurance plan or to other group health
insurance, as specified by the Town. See MGL c. 32B, § 3.
A.
All regular full- and part-time employees working
20 or more hours per week may be covered by the current fiscally approved
health benefit package, if they elect the coverage.
B.
In the event of an extended illness, health insurance
coverage may be continued as long as the employee contributes the
percentage of the premium specified by the current fiscal year policy.
Coverage may be continued in this manner until it is determined for
health or other reasons the employee is no longer able to work for
the Town.
C.
Retiring employees or their surviving spouses may
elect to continue coverage, subject to the policy administered by
the Town Treasurer, and as provided by MGL c.32B.
A.
On April 7, 1986, a federal law was enacted (Public
Law 99-272, Title X) requiring that most employers sponsoring group
medical plans offer employees and their families the opportunity for
temporary extension of medical coverage (called "continuous coverage")
at a group rate in certain instances where coverage under the plan
would end.
B.
An employee of the Town has the right to choose this
continuation coverage if the employee loses group medical coverage
because of a reduction in the employee's hours of employment or termination
of employment (for any reason other than gross misconduct on the employee's
part).
C.
Under the law, the employee or family member (to include
divorced spouse or dependent child) has the responsibility to inform
the Treasurer of a divorce, legal separation or a child losing dependent
status under the Town's medical insurance plan.
D.
The Town has the responsibility to notify the insurance
company's plan administrator of the employee's death, termination
of employment or reduction in hours, or Medicare entitlement.
E.
When the insurance company's plan administrator is
notified that one of the above-referenced events has happened, the
insurance company's plan administrator will in turn notify the employee
that the employee has the right to choose continuation coverage. Under
the law, an employee has at least 60 days from the date the employee
would lose coverage because of the events described above to inform
the insurance company's plan administrator that the employee wants
continuation coverage.
F.
If an employee does not choose continuation coverage,
the employee's group medical insurance coverage will end.
G.
If an employee chooses continuation coverage, the
Town is required to give the employee coverage which, as of the time
coverage is being provided, is identical to the coverage provided
under the plan to similarly situated employees or family members.
The law requires that the employee be afforded the opportunity to
maintain continuation coverage for 36 months unless the employee lost
group medical coverage because of termination of employment or reduction
in hours. In that case, the required continuation coverage period
is 18 months.
H.
Under the law, the employee may have to pay part or
the entire premium for the employee's continuation coverage. The law
also says that, at the end of the eighteen-month or thirty-six-month
continuation coverage period, the employee may be allowed to enroll
in an individual conversion medical plan provided under the Town medical
insurance plan.
Military leave shall be granted in accordance
with applicable state and federal law.
A.
The following annual vacations with pay will be granted
to all full-time employees and to regular part-time employees after
the following periods of continuous employment, accrued from date
of hire.
|
Period of Continuous Employment
(years)
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Annual Vacation
(weeks)
| |
|---|---|---|
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1, but less than 5
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2
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5, but less than 10
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3
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10, but less than 20
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4
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20 and over
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5
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B.
Should a holiday (see above) fall during the vacation
period on a regularly scheduled workday, an employee will receive
pay for the holiday and an additional day of vacation will be allowed
in conjunction with the vacation, provided that arrangements to do
so are made in advance with the supervisor.
C.
Vacation leave shall not be cumulative and thus may
not be carried from year to year. Employees terminating their employment
with the Town will receive payment in lieu of any earned vacation
not yet taken.
D.
The department head must approve vacation days or
weeks at least two weeks in advance. In the case of emergency, personal
days may be used with the approval of the department head.
[Amended 10-14-2004 STM by Art. 13; 6-16-2008 ATM by Art. 16]
A.
The following longevity plan for full-time and regular
part-time employees shall be followed:
|
Years of Continuous Service Completed
|
Amount of Longevity Bonus
| |
|---|---|---|
|
5
|
$300
| |
|
10
|
$400
| |
|
15
|
$500
| |
|
20
|
$550
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25
|
$600
|
B.
The longevity bonus will be paid on the first pay
date following the employee's anniversary date.
All employees of the Town shall adhere to safe
working practices. Where personal protective equipment is provided
when required to safely perform prescribed duties, the employee must
wear such equipment. All department heads and supervisors shall oversee
and enforce safe working practices among employees and provide equipment
where required, in compliance with appropriate state and federal regulations.
A.
Discipline shall primarily be the responsibility of
the department head and/or supervisor and may include one or more
of the following: oral reprimand, written reprimand, suspension, disciplinary
probation and/or discharge. The above list is illustrative and not
definitive and is not intended to limit the employer.
B.
A written, dated notice with employee response to
the above on a standard form prepared by the Human Resource Board
shall be given to the employee and copied to the Town Administrator
and Board of Selectmen and kept in the employee's personnel file.
[Amended 5-2-2005 ATM, Art. 11, approved
8-4-2005]
The grievance procedures is as follows:
A.
The aggrieved employee shall first discuss the grievance
with the department head, and a sincere effort shall be made to resolve
the problem in an informal manner.
B.
If the aggrieved employee is not satisfied with the
department head's decision, he/she, within 10 days, shall submit his/her
grievance in writing, dated and signed, to his/her department head
and forward to the Town Administrator. The department head shall,
within 10 days, render his/her decision in writing to the Human Resource
Board, together with the aggrieved employee's original written complaint.
C.
If the aggrieved employee is not satisfied he/she
shall, within 10 days, submit a written request to his/her department
head for a hearing before the Human Resource Board. The department
head will, within 24 hours, except on holidays and weekends, forward
the hearing request to the Human Resource Board. Said Human Resource
Board shall, within 10 days, schedule a hearing. The hearing shall
be held pursuant to MGL c.39, § 23B.
D.
The Human Resource Board shall, within 10 days after
such hearing, render a written decision to the aggrieved employee
and his/her department head and administrative officials.
E.
Any of the prescribed time periods can be mutually
extended by written request.
A.
Physical examination. At no cost to the job applicant
and as a condition of hire, the Town may require all job applicant
finalists to take a physical examination, including drug testing,
by a physician of the Town's choice. The examination will be conducted
solely for the purpose of determining whether the applicant, with
reasonable accommodation, is capable of performing the essential functions
of the job. The complete report will be provided only to the employee;
however, the physician will be authorized to inform the Town of any
condition which the physician believes may reasonably interfere with
the performance of the job, together with any recommendation as to
what action, if any, the Town should take to monitor or accommodate
such condition. All medical information will be kept confidential
and separate from the applicant's personnel records.
B.
Introductory period. During the first six months of
employment, new employees will be regarded as introductory employees.
Layoff or discharge during the introductory period shall not be the
subject of hearings or grievances before the Human Resource Board.
The department head and the Town Administrator shall do a three- and
a five-month job performance review. Introductory employees who continue
their employment with the Town beyond the introductory period become
full-time or regular part-time employees.
A.
Temporary employees. A temporary employee is hired
for a limited time, without expectation of continuous employment.
Temporary employees are not eligible for paid holidays, vacations,
sick leave or health benefits. Temporary employees shall not be hired
for periods of greater than six months unless hired for a special
project.
B.
Regular part-time employees. Vacation pay for regular
part-time employees will be calculated at the average weekly pay for
the 52 weeks worked immediately preceding the vacation. Sick leave,
holidays, and bereavement leave will be pro-rated to the full-time
benefit based on the average hours worked weekly for the 52 weeks
worked preceding the leave. Accumulation of sick leave shall also
be prorated with respect to the full-time benefit in this manner.
A.
The Human Resource Board will consider all requests
for increased compensation in coordination with the Board of Selectmen
and the Finance Committee. Requests shall be submitted in writing
to each board no later than December 1 in order to be considered for
the following fiscal year.
[Amended 5-2-2005 ATM, Art. 11, approved
8-4-2005]
B.
The Human Resource Board shall consider such requests
at its regular posted meetings, and shall provide notification to
the affected parties. The decision of the Board shall be communicated
to the affected parties no later than 30 days prior to the closing
of the Warrant for the Annual Town Meeting. Parties may appeal the
decision of the Human Resources Board by proper submission of an article
in the Warrant for the Annual Town Meeting.
