Employee benefits provided by the Town are an item of cost to
the Town and a form of indirect pay for the employee. Therefore, the
policies and procedures for the establishment and maintenance of these
benefits are included in this Personnel Bylaw.
A.
Regular full-time employees. All of the below-listed employee benefits
apply to full-time employees.
B.
Regular part-time employees: eligible for all employee benefits,
in proportion to the ratio that their average weekly hours of work
in the preceding 12 months bears to the normal workweek for their
job.
C.
Casual, special, temporary or seasonal employees: not eligible for
employee benefits.
D.
Reduced-hours part-time employees: eligible for vacation and sick-time
benefits, in proportion to the ratio that their average weekly hours
of work in the preceding 12 months bears to the normal workweek for
their job; not eligible for health insurance or other benefits.
A.
Holidays.
(1)
Pay.
(a)
Each regular full-time employee will be entitled to one day's
pay at regular straight-time rates for 11 paid holidays per year.
If the holiday falls on a Saturday, it will be observed on Friday,
and if it falls on Sunday, it will be observed on Monday.
(b)
Regular part-time employees shall receive holiday pay only if
the holiday falls on their regularly scheduled day to work.
(c)
Reduced-hours employees shall receive holiday pay only if the
holiday falls on the regularly scheduled day to work. Pay will be
prorated for hours normally worked.
(3)
To be eligible for holiday pay:
(a)
The employee shall have worked on the employee's last scheduled
working day prior to and the next regularly scheduled working day
following such holiday, or was in full-pay status on such preceding
and following days in accordance with other provisions of these regulations,
or was appropriately excused.
B.
Vacation pay.
(1)
The vacation year is from July 1 through June 30. Regular full-time,
regular part-time employees and reduced-hours part-time only, are
eligible for vacation as follows:
(a)
Vacation accrual is based on the employee's anniversary
date and is prorated based on the fiscal year.
(b)
After six months of continuous service and up to one year, an
employee is eligible for five days' vacation.
(c)
After 12 months of continuous service and up to a maximum of
five years of service, an employee is eligible for two weeks'
(10 days') vacation.
(d)
After five years and up to 10 years of service, an employee
is eligible for three weeks' (15 days') vacation.
(e)
After 10 years and up to 20 years of service, an employee is
eligible for four weeks' (20 days') vacation.
(f)
After 20 years service, the employee is eligible for five weeks'
(25 days') vacation.
(2)
The vacation pay of a regular part-time employee shall be the average
of his/her weekly pay for the 52 weeks worked immediately preceding
the vacation.
(3)
Employees are required to take vacation on a regular basis to allow
for the proper rest from the rigors of work. Vacation time may not
be accrued from year to year.
(4)
Should a paid holiday occur during the employee's regularly
scheduled workweek while the employee is on an authorized paid vacation,
an additional day of vacation shall be allowed.
(5)
In case of retirement or termination of employment, the employee
shall be paid for all accrued, vacation time earned up to the termination
date.
(6)
The choice of vacations shall be on the basis of seniority in the
department and approved by the department head. Department heads shall
post the vacation grants annually.
C.
Sick leave.
(1)
Each regular full-time, regular part-time and reduced-hour part-time
employee shall earn sick-leave credit with pay at the rate of one
normal workday's pay for each month of continuous employment
in the Town, to a maximum of 13 such days' credit per fiscal
year.
(2)
This time shall be saved for use when an employee cannot report for
work due to sickness, injury or exposure to contagious disease. Use
of such accumulated sick-leave credit is allowed only after the employee
has completed his/her probationary period. The maximum number of such
days of sick-leave credit that may be accumulated is 240. Employees
hired after July 1, 2009 shall accumulate a maximum of 120 days. The
employee's department head must authorize application of sick-leave
credit.
(3)
An employee may use up to 10 days of accumulated sick leave per year
for serious family illness. An employee out sick three continuous
days shall be put on family medical leave.
(4)
Employees returning from a sick leave or disability leave may be
required to have a physical examination to determine their capability
to perform satisfactorily their regular work without endangering themselves
or their fellow employees.
(5)
The department head, Town Administrator or the Personnel Board may,
of its own motion, require a medical examination of any employee who
reports his/her inability to report for duty because of illness. This
examination shall be at the expense of the Town by a physician appointed
by the Personnel Board.
(6)
Payments made under the provisions of this section shall be limited
in the case of an employee who is receiving workers' compensation
payments to the difference between the amount paid in workers'
compensation and the employee's regular pay. In the event of
such payments, the department head or Personnel Board may debit the
employee's sick leave accrual by such amounts as it determines
to be equitable in relation to such payments.
(7)
Nothing in this section will be construed to conflict with MGL c.
41, § 100.
D.
Bereavement leave. Regular full-time, regular part-time and reduced-hours
part-time employees shall be given up to three consecutive working
days' leave with a normal day's pay for the purpose of making
arrangements and attending the funeral of a member of his/her immediate
family, which is defined as mother, father, spouse, mother-in-law,
father-in-law, sister, brother, child, grandchild, grandparent or
domestic partner of the employee or any live-in family member. Regular
full-time, regular part-time and reduced-hours part-time employees
shall be given one day leave with pay for the purposes of attending
the funeral of the employee's aunt, uncle, niece, nephew.
E.
Jury duty leave. A regular full-time and regular part-time employee
called for jury duty shall be paid by the Town an amount equal to
the difference between the compensation paid the employee for a normal
working period and the amount paid by the court, excluding any allowance
for travel and lodging, upon presentation of an affidavit of jury
pay granted.
F.
Military leave. Regular full-time employees who are in the Armed
Services Reserves or National Guard and are called to temporary military
duty not exceeding two weeks in any twelve-month period shall receive
the difference in pay between their regular Town pay and their military
pay. Such employee may use his/her normal vacation time for his/her
military duty if he/she desires. This provision does not include payments
to members of the National Guard who may be mobilized during an emergency
in the commonwealth. Proof of service shall be submitted to the employee's
department head and a copy to the Personnel Board.
G.
Other leave.
(1)
Absence for personal reasons up to three days per year may be granted
to full-time employees. These personal days may be taken at any time
of the year upon the employee's request with the approval of
the department head. Any days not used during the fiscal year in which
they are granted shall be forfeited.
(2)
Personal leave may be granted in increments of not less than 1/2
of a workday.
(3)
When possible, the employee must request from the employee's
immediate supervisor the personal day leave at least 48 hours in advance.
A supervisor may not question the reason for personal leave nor may
he/she deny such a request except for scheduling problems.
(4)
Only employees who have completed their probationary period may be
compensated for absence for personal reasons under provisions of this
subsection.
A.
Disability and parental leave. A leave of absence without pay may
be granted an employee with at least six months of continuous service
whose illness or disability continues beyond sick leave that has been
accrued. Such disability leave shall be for sickness or injury resulting
in temporary disability of the employee or a member of his or her
immediate family, or for the birth of a child to (or adopted by) the
employee and/or the employee's spouse. Duration of the leave
shall be for the period a physician says the employee is unable to
perform the regular duties of his or her position.
B.
Leave of absence. A leave of absence may be granted by the department
head and the Personnel Board but shall be without compensation. A
leave of absence of over one month duration except military leave,
shall be considered a break in employment and on return to work the
employee shall have the status of a new employee unless an extension
of leave beyond one month has been authorized by the Personnel Board
in advance.
Any employee absent without authorization for three consecutive
working days shall be terminated from the payroll as abandonment of
his/her position.
A.
Full- and part-time employees working at least 20 hours per week
who have worked for the Town for at least one year are eligible for
a reimbursement of tuition, registration fees, and books for work-related
courses from state colleges, state universities or other preapproved
institutions of higher learning which serve to improve their knowledge
and skills and increase their performance with the Town.
B.
Approval for the particular course must be requested prior to enrollment
in order to be eligible for the reimbursement, and in order to qualify
must have the recommendations of the department head and approval
of the Personnel Board.
C.
Reimbursement is subject to a separate and distinct appropriation
of municipal funds.
D.
Reimbursement will be made upon successful completion of the course
or program. "Successful completion" of a course shall mean a minimum
of B or equivalent.
E.
The Town may require the employee to sign an agreement to remain
with the Town for a period of up to two years after completion of
the course, or else be responsible to the Town for reimbursement of
the funds.
A.
When employees have prior approval from their supervisor to use their
personal vehicle for Town business, they are reimbursed for business
travel at the approved per mile rate, as established by the Internal
Revenue Service. Local travel expenses between the employee's
home and assigned work location are not reimbursable. However, if
employees are required by business necessity to travel from home directly
to a site other than their assigned work location, the Town will reimburse
them for the difference between the mileages in their normal commute
to their assigned work location and the total miles driven on business.
B.
When using a private vehicle for Town business purposes, the employee
assumes liability for the vehicle. All employees who use their personal
vehicles for Town business must have a current driver's license
and vehicle liability insurance in the minimum amounts required by
state law. Otherwise, the vehicle is not authorized for Town business
use.
B.
Group insurance. Each regular full-time and regular part-time employee
covered by the bylaw shall be entitled to the Group Insurance Plan
(Health and Life Insurance) which has been accepted by the Town in
accordance with MGL c. 32B. The Town's contribution thereto may
be changed from time to time by amendment of this Personnel Bylaw.
C.
Reduced-hours part-time employees, although not eligible for health
insurance through the Town, shall be eligible to enroll in health
insurance offered through the Commonwealth Health Connector.
The Town shall contribute funds as required for each employee
in accordance with the procedures formula established by the Worcester
Regional Retirement Board and the bylaws of the Town of Lancaster.
Nothing in this bylaw or in the Classification or Compensation
Plans shall be construed to conflict with MGL c. 31.
In the event that any provision of this bylaw, or application
thereof, shall be held to be invalid by the proper authorities, this
shall not be construed to affect the validity of any other provision,
or application thereof, of this bylaw.
