City of Fitchburg, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fitchburg as §§ 2-39 through 2-55 of the 1965 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Use of equipment — See Ch. 18.
Salaries — See Ch. 44.
All officers, heads of departments and members of boards or commissions appointed by the Mayor or elected by the Council shall receive such compensation as may be determined by the Council and approved by the Mayor.
[Amended 6-3-2014 by Ord. No. 100-2014]
Except as otherwise provided herein or by the provisions of general or special laws, the name of any person receiving compensation from the City Treasurer, other than persons who receive a yearly salary, shall not be carried or continued upon the payroll of any board, commission or department after he or she has ceased to labor for such board, commission or department; nor shall the name of anyone who has not been actually employed be carried on the payroll; nor shall the time for which such person is entitled to be paid be reported as greater than the time actually spent by him or her in the performance of labor or other services for which he or she shall be paid; nor shall any person be paid, either as compensation or as a gift, any more money than such person has actually earned in such employment, except extra allowance for overtime or emergency work. The amount received shall be payment in full for all services rendered to the City.[1]
[1]
Editor's Note: Former § 2-41 of the 1965 Code, Compensation during illness or disability, which section immediately followed this section, was repealed 2-20-1973 by Ord. No. 762-72.
[Added 9-18-1979 by Ord. No. 545-79]
A. 
Employees authorized to use privately owned motor vehicles to perform inspectional services in behalf of the City, and any other employees authorized by a department head for nonlocal use on official municipal business, shall be paid at the mileage rate established by the IRS for federal income tax purposes upon passage and as established thereafter. This requires prior approval of the department head.
[Amended 12-4-1984 by Ord. No. 394-84; 1-16-2001 by Ord. No. 447-00; 3-4-2004 by Ord. No. 46-04]
B. 
This section shall not apply to those employees whose rate has been negotiated under union contract.
[Amended 6-3-2014 by Ord. No. 100-2014]
Every employee or officer of the City who is eligible for retirement and a pension from the City or who is entitled to compensation under the Workers' Compensation Act may be retired and receive such pension as is provided by Chapter 32 of the General Laws or such compensation as is provided by Chapter 152 of the General Laws.
[Amended 6-3-2014 by Ord. No. 100-2014]
The City Physician shall examine every person recommended or applying for a pension or compensation as provided in § 35-4 and shall furnish a written statement of his or her condition to the Mayor and department head or board so far as concerns his or her injury or disability.
[Amended 6-3-2014 by Ord. No. 100-2014]
The head of each employing department or board shall furnish to the Mayor a written statement of the circumstances under which an injury or disability was incurred for which a pension or compensation is asked or recommended for a member or employee of such board or department and of the sources of his or her information.
[Amended 3-6-1973 by Ord. No. 763-72]
A. 
Each employee of the City, including department heads, except as hereinafter provided, who is regularly employed by the City as defined in MGL c. 41, § 111, shall be granted a vacation of not less than 10 working days without loss of pay in each calendar year if he or she has actually worked for the City for 30 weeks in the aggregate during the 12 months preceding the first day of June in such year.
[Amended 6-3-2014 by Ord. No. 100-2014]
B. 
Such employee who has been employed for five consecutive years shall be granted an annual vacation of 15 working days without loss of pay in the calendar year in which he or she is eligible.
[Amended 6-3-2014 by Ord. No. 100-2014]
C. 
Such employee who has been employed for 10 consecutive years shall be granted an annual vacation of 20 working days without loss of pay in the calendar year in which he or she is eligible.
[Amended 6-3-2014 by Ord. No. 100-2014]
D. 
Such employee who has been employed for 20 consecutive years shall be granted an annual vacation of five weeks (25 working days) without loss of pay in the calendar year in which he or she is eligible, effective January 1, 1975.
[Added 12-3-1974 by Ord. No. 458-74; amended 6-3-2014 by Ord. No. 100-2014]
E. 
Such employee shall be permitted to carry forward no more than five days of his or her vacation into the succeeding calendar year; provided, however, that he or she shall have notified the head of the department in writing prior to December 31 of any calendar year, and provided that in the succeeding year he or she shall take no more than three successive weeks of vacation at one time except upon approval of the department head and the Mayor of the City of Fitchburg.
[Amended 6-3-2014 by Ord. No. 100-2014]
F. 
The provisions of § 35-2 shall not be construed to prevent any officer or employee from receiving his or her vacation or days off with pay, provided that he or she is entitled to receive compensation during such vacation or days off. The vacations provided for by this section shall be granted by the head of the respective department of the City at such time as in his or her opinion will cause the least interference with the performance of the regular work of the City. This section shall not apply to school teachers, employees of the Burbank Hospital, policemen, policewomen, firemen or firewomen and employees of the Public Library.
[Amended 6-3-2014 by Ord. No. 100-2014]
G. 
Such employee who has been employed for five or more years shall be allowed, in each calendar year, to exchange up to two week's pay for up to 10 vacation days. Employees employed for less than five years shall be allowed, in each calendar year, to exchange one week's pay for five vacation days.
[Added 3-16-1999 by Ord. No. 29-99; amended 3-4-2004 by Ord. No. 46-04]
H. 
At the discretion of the Mayor, new employees having at least five years of prior work experience in a related field at the time of hire may be eligible for 15 vacation days upon completion of their second year of employment with the City. At the discretion of the Mayor, new employees with extensive related work experience maybe eligible for up to 15 vacation days upon commencement of employment.
[Added 3-4-2004 by Ord. No. 46-04]
In each calendar year a vacation with pay shall be granted to all permanent employees who have joined the staff on or before November 1 preceding the calendar year, and a pro rata vacation with pay to all permanent employees joining subsequent to such date but prior to June 1 of the calendar year, according to the following schedule:
A. 
Professional.
(1) 
Four weeks. Pro rata: two days for each full month of service from November 1 to June 1.
(2) 
Five weeks for 20 or more years of service.
[Added 8-5-1975 by Ord. No. 366-75]
B. 
Preprofessional.
(1) 
Three weeks for one to 10 years of service. Pro rata: 1 1/2 days for each full month of service from November 1 to June 1.
(2) 
Four weeks for 10 or more years of service.
(3) 
Five weeks for 20 or more years of service.
[Added 8-5-1975 by Ord. No. 366-75]
C. 
Library technician.
(1) 
Two weeks for one to five years of service. Pro rata: one day for each full month of service from November 1 to June 1.
(2) 
Three weeks for five to 10 years of service.
(3) 
Four weeks for 10 or more years of service.
(4) 
Five weeks for 20 or more years of service.
[Added 8-5-1975 by Ord. No. 366-75]
D. 
Clerical: same as library technician.
E. 
Part-time. All part-time employees on an hourly wage scale may be granted a vacation allowance of two weeks without pay.
F. 
Temporary. Staff members hired on a temporary basis who are members of the staff longer than one year shall be granted a vacation.
[Amended 6-17-1969 by Ord. No. 373-69; 4-7-1970 by Ord. No. 190-70; 2-20-1973 by Ord. No. 762-72]
A. 
All municipal employees, except employees of the School Department and new employees, shall be entitled to sick leave with pay for a period of 15 days during each calendar year, provided that such sick leave is caused by sickness or injury other than such injury for which payment is made under workers' compensation or injury leave statutes for eligible employees of the Fire and Police Departments.
[Amended 6-3-2014 by Ord. No. 100-2014]
B. 
All new employees shall be entitled to 1 1/4 days of sick leave per month, to be earned on an aggregate basis from the date of their appointment for the succeeding 12 months. On the first anniversary of the date of appointment, they shall be credited with the difference between the number of days of sick leave they have earned up until such date and 15 sick leave days provided to other employees.
C. 
Accumulation. Such municipal employees shall be credited with such accumulated sick leave days upon the effective date of this amendment as they had accumulated under the previous chapter but in no event more than 300 days.
[Amended 4-5-1983 by Ord. No. 111-83; 3-6-1984 by Ord. No. 70-84; 12-3-1985 by Ord. No. 385-85; 1-19-1993 by Ord. No. 15-93; 7-29-1997 by Ord. No. 248-97]
D. 
Employees who do not use sick leave shall be granted leave without loss of pay up to six days per calendar year, accumulative to eight days, in accordance with the following:
[Amended 12-3-1985 by Ord. No. 385-85]
(1) 
Employees who do not report out sick during any calendar month shall be granted 1/2 personal day.
(2) 
Employees who do not report out sick for 12 consecutive months shall have the option of receiving one full week's pay in exchange for five of their accumulated personal days.
(3) 
Employees who do not report out sick for six consecutive calendar months shall earn one additional personal day, effective July 1, 2000.
[Added 1-16-2001 by Ord. No. 446-00]
E. 
An employee may be paid his or her unused earned accumulated sick leave hour by hour to the extent of his or her accumulation to make up the difference between his or her average hourly pay and such payments as he or she shall receive as workers' compensation benefits.
[Amended 6-3-2014 by Ord. No. 100-2014]
[Amended 6-17-1969 by Ord. No. 373-69; 4-7-1970 by Ord. No. 190-70; 2-20-1973 by Ord. No. 762-72]
Extended sick leave in excess of an employee's earned accumulated sick leave may only be granted to an employee under the following circumstances:
A. 
Upon recommendation of a majority of the respective sick leave boards, whose membership shall be as follows:
(1) 
For all employees, except the uniformed fire-fighting force and uniformed Police Department employees, a department head to be chosen as determined by the Mayor, the Director of Manpower of the City or such other person as designated by the Mayor and an employee chosen by the certified or recognized collective bargaining representative of such employee or, if there is none, such employee who is elected by a majority of the employee group of which this employee is a member; or
(2) 
For uniformed firefighters, the Chief, the Mayor and one employee chosen by the employees of the Department; or
(3) 
For uniformed Police Department employees, the Chief, Director of Manpower or such other person as the Mayor shall designate and one employee chosen by the employees of the Department.
B. 
Upon use by the employee of all of his or her earned accumulated sick leave.
[Amended 6-3-2014 by Ord. No. 100-2014]
C. 
Except for the uniformed fire-fighting force, upon approval by the Mayor of the City of Fitchburg.
[Added 2-20-1973 by Ord. No. 762-72; amended 4-5-1983 by Ord. No. 111-83; 3-6-1984 by Ord. No. 70-84; 12-3-1985 by Ord. No. 385-85; 1-19-1993 by Ord. No. 15-93; 7-29-1997 by Ord. No. 248-97; 3-4-2004 by Ord. No. 46-04; 6-3-2014 by Ord. No. 100-2014; 5-16-2017 by Ord. No. 110-2017]
Upon retirement or death, the City agrees to pay to each permanent employee eligible to earn sick leave pursuant to § 35-9, or his or her designated beneficiary, or his or her estate if there is no designated beneficiary, an amount of money equivalent to 25% of such employee's unused earned accumulated sick leave on the date of his or her death or the date of his or her retirement, but in no event more than $12,000. A day's pay for purposes of this section shall be computed as 1/5 of the employee's regular average weekly pay on such date. Application must be made within six months of death or retirement from employment to be eligible for the payment.
A. 
When absence of an employee by reason of sickness or injury extends beyond a period of one week, the employee shall file with the head of his or her department a certificate of disability, signed by a regularly licensed and practicing physician, before he or she shall be entitled to the compensation provided.
[Amended 6-3-2014 by Ord. No. 100-2014]
B. 
In all cases under the provisions of § 35-11, the employee shall file a weekly disability certificate, signed by a regularly licensed and practicing physician, with the board named herein. Upon failure of the employee to so file a disability certificate, the Board may discontinue the payment of his or her compensation.
[Amended 6-3-2014 by Ord. No. 100-2014]
C. 
In cases where the employee is absent from duty for a period of one week or less for causes as provided for in §§ 35-9 to 35-12, the department head may require a certificate of disability to be filed by such employee and signed by a regularly licensed and practicing physician before granting compensation as provided herein.
[Amended 6-3-2014 by Ord. No. 100-2014]
Every department head or board Chair that hires employees shall, on the last day of each payroll week, prepare a payroll of all persons employed by such board or department and the amount due each employee and submit the same to the City Auditor with his or her approval thereon, and upon its approval by the City Auditor and the Mayor, the same shall be paid.
All municipal employees paid on an hourly rate basis shall be paid time and one-half for all work performed after eight hours on any weekday and shall be paid on the basis of time and one-half for all work performed on Sundays and shall be paid double time for legal holidays as referred to in § 35-15. All overtime work shall be paid for in money no later than 14 days after the performance of such overtime work.
[Amended 5-17-1966; 7-19-1966]
A. 
All other provisions of this Code notwithstanding, all regular full-time employees who are paid on an hourly rate basis shall receive a full day's pay for legal holidays even though they shall not be required to work on such holidays except in cases of emergency.
B. 
For the purposes of this section, the term "legal holidays" shall include the following days: January 1, Washington's Birthday, Patriot's Day, Memorial Day, July Fourth, first Monday in September, Columbus Day, Veterans Day, Thanksgiving Day and December 25.
[Amended 5-16-1972 by Ord. No. 244-72]
C. 
Police officers shall be paid holiday pay for holidays compensable under MGL c. 147, § 17A, on the basis of 1/5 of the officers' weekly pay, unless such officers are given an additional day off.
D. 
Except for firefighters and policemen, the term "legal holidays" shall also include Martin Luther King Day.
[Added 12-3-1974 by Ord. No. 459-74]
[Amended 6-3-2014 by Ord. No. 100-2014]
Eight hours shall constitute a day's work and 40 hours a week's work for all laborers, workers and mechanics now or hereafter employed by the Department of Public Works, and no laborer, worker or mechanic so employed shall be requested to work for more than eight hours in any one calendar day or 40 hours in any one week except in cases of emergency.
[Amended 6-3-2014 by Ord. No. 100-2014]
No employee, except policemen, policewomen, firemen and firewomen, and except in case of emergency, shall be required to work on Saturday.
[Added 6-17-2008 by Ord. No. 133-08]
A. 
In order to assist the public in identifying City employees while in the performance of their duties as City employees, all City employees shall carry on their person proper identification, containing their name, City department, employee number and employee photograph, while in the performance of their duties as City employees, for the purpose of public safety.
B. 
The Human Resource Director, in conjunction with the City Treasurer, shall develop a policy and the process for issuing identification badges to all City employees, exclusive of police officers and firefighters, who shall wear such identification badges in accordance with the written policies of their own division.