This chapter shall be known and cited as the
"Personnel Bylaws" and is hereby adopted pursuant to the provisions
of MGL c. 41, § 108A.
[Amended 4-27-2007 ATM, Art. 22]
A. The following words and phrases, whenever used in
this chapter, shall be defined as indicated below, unless the context
clearly requires otherwise:
APPOINTING AUTHORITY
The appointing authorities for Town, fire, school and library
personnel, as defined in MGL c. 41, c. 48, § 42, c.71 and
c.78.
BOARD
The Selectboard.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
DEPARTMENT
An operating unit of Town government funded through one (1)
or more budget categories and under the supervision of a Town Board.
DEPARTMENT HEAD
The employee responsible for the administration and operation
of a Town department, who reports directly to the Selectboard, or
appointing authority.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
HIRING
The appointment 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, temporary and non-benefited.
IMMEDIATE FAMILY
Included are the employee's spouse, children, parents, stepchildren,
stepparents, brothers, sisters, mother-in-law, father-in-law, grandparents,
brother-in-law or sister-in-law.
LAYOFF
The removal of an employee because of lack of work, insufficient
funding, or other causes which do not negatively reflect on an employee's
work performance. Layoff shall not be considered as disciplinary in
nature. Any laid-off employee returning to work needs to be reappointed
by the Selectboard, or appointing authority.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
PERSONAL LEAVE
An authorized period of absence from work, without pay if
longer than three days, for regular employees, and approved by the
Selectboard, to take care of personal business. The department head
may approve the leave if not more than three days are required.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
PROBATIONARY EMPLOYEE
A regular employee working for the Town during his/her probationary
period.
[Added 4-24-2015 ATM,
Art. 21]
PROBATIONARY PERIOD
The first six (6) months of employment following an appointment
to a regular position.
[Added 4-24-2015 ATM,
Art. 21]
TOWN
The Town of Sunderland.
TRANSFER
The movement of an employee from one (1) position to another
equal or similar position in the Town organization.
B. Position type:
ESTABLISHED POSITION
A position for which there is a corresponding position description
approved by the Selectboard or appointing authority.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
REGULAR POSITION
An established benefited position in the service of the Town
for which there is an expectation of need for an uninterrupted indefinite
period, and for which an employee shall receive holiday pay, vacation,
sick and other leave, based on workweek schedule and be eligible to
participate in the fringe benefits programs offered by the Town.
TEMPORARY POSITION
An established position in the service of the Town which
requires the service of an individual for a period less than one thousand
forty (1,040) hours in a single fiscal year. The term "temporary position,"
whenever used in this chapter, shall mean "temporary or seasonal position."
C. Employee type:
EMPLOYEE, NON-BENEFITED
An employee who has been hired into a temporary position
or who has been hired into an established position that normally requires
less than one thousand forty (1,040) hours in a single fiscal year.
EMPLOYEE, REGULAR
An employee who has been hired into an established benefited
position that normally requires a minimum of twenty (20) scheduled
hours per week unless otherwise determined by the Selectboard or appointing
authority.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
EMPLOYEE, TEMPORARY
An employee who has been hired into a temporary or seasonal
position in the service of the Town as defined, or an employee who
has been hired into an established position for a period less than
one thousand forty (1,040) hours in a single fiscal year. The term
"temporary employee," whenever used in this chapter, shall mean temporary
or seasonal employee.
[Amended 4-29-2002 ATM, Art. 22; 4-27-2007 ATM, Art. 23]
Protecting the Town's information and the privacy
rights of its citizens is the responsibility of every employee, and
all employees share a common interest in making sure information is
not improperly or accidentally disclosed. Pursuant to MGL c. 268A,
§ 23, no employee shall improperly disclose confidential
information acquired by him/her in the course of his/her official
duties, nor use such information to further his/her personal interest.
Any question as to whether Town information is subject to disclosure
should be discussed with the Town Administrator. Violations of this
section may result in disciplinary action up to and including termination.
[Amended 4-29-2002 ATM, Art. 22; 4-27-2007 ATM, Art. 23; 4-29-2011 ATM, Art.
8]
Employees shall use proper care and discretion
when using the Town's buildings, property and equipment. Town property
issued to employees shall be used in accordance with employees job-related
service to the Town, and shall be returned to the issuing authority
upon ceasing use, or upon separation from service to the Town, in
accordance with state and local regulations and policies. If Town
property is lost, broken or damaged, it must be reported to the department
head and the Town Administrator at once. No property may be removed
from the Town without the proper authorization of the department head
or Town Administrator.
It is important for employees to keep the Town's
telephone lines free for citizens' calls. Although the occasional
use of the Town's telephones for personal emergency may be necessary,
routine personal calls are not permitted.
[Amended 4-29-2002 ATM, Art. 21; 4-29-2002 ATM, Art. 22; 4-27-2012 ATM, Art. 7]
A. A regular, full-time employee with one (1) year or more of service
will receive two (2) weeks of paid vacation. A regular, full-time
employee with less than (1) year of service is eligible to take (1)
one of the (2) two weeks of paid vacation after six (6) months of
service. Regular, full-time employees with five (5) years or more
of service will receive three (3) weeks of paid vacation. Regular,
full-time employees with ten (10) years or more of service will receive
four (4) weeks of paid vacation. Regular, full-time employees with
twenty (20) years or more of service will receive five (5) weeks of
paid vacation. All vacation leave must be approved and scheduled in
advance with the department head and/or the Town Administrator.
[Amended 6-12-2021 ATM, Art. 18]
B. Regular part-time employees who work twenty (20) or more hours per
week for the Town shall receive vacation based upon the number of
hours regularly worked per week.
C. Vacation pay is to be computed retroactively for the time worked
during the year if an employee terminates employment for any reason
other than a discharge for wrongdoing during any given year after
completing one (1) year of service to the Town. Employees terminated
for wrongdoing shall not receive any payment for unused vacation.
D. Vacation accrual will be computed upon an employee's completion of
one (1) year of service to the Town according to the date of hire.
At the completion of the employee's first year of service, vacation
leave shall further accrue on a pro-rated basis for the remaining
weeks in that fiscal year. Thereafter, vacation leave shall be accrued
and taken on a fiscal year basis. Vacation leave may be taken in the
year earned or carried over to the next year, except that no more
than two weeks of earned vacation may be carried over at any time.
Vacation leave shall not be granted in advance of being earned.
[Amended 4-29-2002 ATM, Art. 22; 4-29-2011 ATM, Art. 8]
A. The FMLA allows eligible employees to take up to twelve (12) workweeks
of unpaid, job-protected leave in a 12-month period for specified
family and medical reasons, or for any qualifying military family
leave entitlements as defined in the FMLA. To be eligible for leave
under the Act, the employee must have worked for the Town for at least
twelve (12) months and for at least one thousand two hundred fifty
(1,250) hours in the past twelve (12) months.
B. Eligible employees may take leave under the Act for any of the following
reasons:
(1) The birth of your child and to care for such child;
(2) The placement of a child with you for adoption or foster care, and
to care for the newly placed son or daughter;
(3) To care for a spouse, child, or parent (covered relations) with a
serious health condition;
(4) Your own serious health condition that renders you unable to perform
an essential function of your position;
(5) For qualifying exigencies defined in the FMLA arising from your spouse,
child or parent being on active duty or being called to active duty
status as a member of the National Guard or Reserves in support of
a contingency operation;
(6) To care for your spouse, child, parent or next of kin who is a covered
service member with a serious injury or illness, as defined in the
FMLA.
C. If you request leave under the Act because of a birth, adoption or
foster care placement of a child or to care for a covered relation
with a serious health condition, any accrued paid vacation, or personal
days must be used first as part of your leave.
D. If you request leave under the Act because of your own serious health
condition, any accrued paid vacation, personal days or sick leave
must be used first as part of your leave.
E. If you request leave under the Act to care for a covered service
member with a serious injury or illness as defined in the FMLA, you
may be allowed to take up to twenty-six (26) workweeks of job-protected
leave in a single 12-month period.
F. The substitution of paid leave time for unpaid leave time does not
extend the twelve-week leave period. During leave approved under the
Act, the Town will maintain your health benefits under the same terms
and conditions applicable to employees not on leave. If paid leave
is substituted for unpaid leave, the Town will deduct your portion
of the health plan premium as a regular payroll deduction. If your
leave is unpaid; you must pay your portion of the premium by making
arrangements with the Town Treasurer.
G. If you elect not to return to work at the end of the leave for at
least thirty (30) calendar days, you will be required to reimburse
the Town for the cost of the premiums paid by the Town for maintaining
coverage during your unpaid leave, unless you cannot return to work
because of a serious health condition or because of other circumstances
beyond your control.
H. The taking of another job while on family or medical leave or any
other authorized leave may lead to disciplinary action, up to and
including termination.
I. An employee seeking FMLA leave is required to provide 30-day advance
notice to his/her department head when the need is foreseeable and
such notice is practicable. The Town Administrator must be notified
of all leave authorized under the Act.
[Amended 4-28-2006 ATM, Art. 23; 4-29-2011 ATM, Art. 8; 4-27-2012 ATM, Art. 7]
A. All holidays enumerated in MGL c. 4, § 7, Clause 18, that
are applicable to Sunderland shall be recognized as legal holidays
within the meaning of this chapter, and regular employees will receive
these days off with pay.
[Amended 4-29-2022 ATM by Art. 14]
B. Holidays which fall on a Saturday will be observed on the preceding
Friday. Holidays which fall on Sunday will be observed on the following
Monday.
C. If a holiday falls on any weekday a regular employee is not normally
scheduled to work, the holiday will be observed on the employee's
preceding workday.
D. A regular full-time employee or regular part-time employee required
to work a holiday will be compensated at the overtime rate of time
and one-half for actual hours worked on that holiday in addition to
regular holiday pay.
[Amended 4-29-2011 ATM, Art. 8]
Regular benefited employees are eligible to
participate in the following fringe benefits programs offered by the
Town unless otherwise indicated:
A. Retirement/pension plan, as provided for under MGL
c. 32. Eligibility: Regular employees and qualifying elected Town
officials are eligible to participate in the retirement program in
accordance with MGL c. 32 and Franklin Regional Retirement System
regulations.
B. Health insurance plan, as provided for under MGL c.
32.
(1) Eligibility.
(a)
Regular full-time and regular part-time employees
who are regularly scheduled to work twenty (20) hours or more per
week.
(b)
Elected Town officials who regularly work at
least twenty (20) hours or more per week.
(2) Cost. The Town offers two (2) basic types of group
health insurance plans:
(a)
Indemnified plan. If the employee selects the
indemnified plan, he/she must pay fifty percent (50%) of the monthly
premium cost and the Town will contribute a like amount.
(b)
HMO. If the employee selects HMO coverage, the
Selectboard will determine the contribution rate such that not less
than twenty-five percent (25%) of the monthly premium is payable by
the employee and not less than fifty percent (50%) of the monthly
premium is payable by the Town.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
C. Life insurance plan. The Selectboard determine what
type of life insurance plan is available to eligible Town employees.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
(1) Eligibility.
(a)
Regular full-time and regular part-time employees
who are regularly scheduled to work twenty (20) hours or more per
week.
(b)
Elected Town officials who regularly work at
least twenty (20) hours or more per week.
(2) Cost. The employee must pay fifty percent (50%) of
the monthly premium cost and the Town will contribute a like amount.