[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.]
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immediately followed this section, was repealed 2-20-1973 by Ord.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:
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.
