[Amended 8-22-2000 by Ord. No. 2000-23]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
All permanent employees and all temporary employees who have
been regularly and continuously employed for at least six months,
filling a vacancy in a permanent position, who are paid an hourly
or weekly wage and serving in the following departments or divisions
thereof:
Department of Public Works, except the Division of Engineering.
Water Department.
Hospital Department.
Police Department (non-uniformed).
Fire Department (non-uniformed).
Park Department.
Cemetery Department.
Tree Department.
Traffic Department.
Parking Meter Maintenance Department.
Library.
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This division shall apply only to permanent employees whose
workweek has been established by law or by ordinance at 40 hours per
week.
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A legal holiday as defined in MGL c. 4, § 7. For
all employees represented by Local 3177, the day after Thanksgiving
and one-half day on Good Friday shall be considered to be a paid holiday.
For all employees represented by the Fall River Employees' Association,
one-half day on Good Friday shall be considered a paid holiday.
Any period beginning with Sunday and ending with the following
Saturday.
The regular service of all employees subject to this division
shall be restricted to not more than five days in any one week and
not more than eight hours in any one day.
Any day or portion thereof constituting part of the employee's
vacation, military or sick leave, and any granted holiday for which
the employee is paid, shall be included in computing the employee's
regular service. Meal or lunch periods assigned and actually taken
shall not be included in computing either regular or overtime service,
and when meal or lunch periods are assigned as part of the day's schedule
they must be taken by the employee.
[Amended 8-22-2000 by Ord. No. 2000-23]
If an employee is required to work in excess of eight hours
in any one normal workday or 40 hours in any one normal workweek,
he shall be paid at the rate of 150% of his regular base salary, except
that for any such overtime work performed on Sunday he shall be paid
at the rate of 200% of his regular base salary. Overtime work shall
be voluntary and there shall be no discrimination against any employee
who declines to work overtime. Overtime rates for employees represented
by Local 3177 shall be in accordance with the contract.
[Amended 8-22-2000 by Ord. No. 2000-23]
A.
Any employee called back to work on the same day after having completed
his assigned work and having left his place of employment shall be
guaranteed a minimum of four hours' pay at the rate of 150% of his
regular base salary.
B.
Any employee represented by Local 3177 called back to work after
having completed his assigned work and having left his place of employment
shall be guaranteed a minimum of four hours' pay at the rate of 150%
of his regular base salary.
Whenever overtime employment can be anticipated, permission
in writing must be obtained from the Mayor for such overtime employment.
If overtime employment cannot be anticipated and is an emergency affecting
the health, safety or welfare of the people or their property, the
department head may authorize such overtime employment, but the reason
for such employment must be submitted by the department head to the
Mayor within 72 hours after the completion of such employment. A copy
of all overtime records, stating the name of the employee, the department
and division, the number of overtime hours worked and the reason therefor,
shall be filed weekly with the City Auditor and shall be open to public
inspection. Notations must also be made on the weekly payroll stating
the reason for any such overtime.
When an employee works in excess of his regular scheduled workweek,
he shall be paid for such overtime; and department heads concerned
shall not be authorized to grant compensatory time off instead of
such overtime payment, nor shall the department prevent an employee
from working on his regular workday to offset work in excess of the
regular workweek.
A member of the Police Department who performs overtime service
outside or out of turn of his regularly scheduled tour of duty, if
such service is assigned, authorized or approved by the Police Commission,
Chief of Police or other authorized superior officer, shall be compensated,
in addition to his regular weekly compensation, time-and-one-half
his straight-time hourly rate for each hour of overtime service. The
straight-time hourly rate shall be computed as 1/40 of the employee's
weekly compensation.
[Amended 8-22-2000 by Ord. No. 2000-23]
All employees subject to this division shall be granted a day
off with pay on all holidays, and such holiday shall be granted without
loss of compensation; provided, however, that in order to qualify
for such holiday compensation the employee must have worked on his
last regular scheduled workday prior to and his first regular scheduled
workday following such holiday. Leave with pay shall be synonymous
with work for employees represented by Local 3177. If a holiday falls
on a Saturday, all employees scheduled to work from Monday through
Friday shall be paid an additional day's salary, provided they comply
with the requirements of this section. Notwithstanding any provisions
contrary thereto, the latter provision for holidays falling on a Saturday
shall apply to all permanent employees scheduled to work a full workweek.
[Amended 8-22-2000 by Ord. No. 2000-23]
A.
If an employee is required to work on a holiday, such employee shall be paid at the rate of 250% of his base salary for such employment, provided that he has complied with § 50-129 with regard to working on his last regular workday before the holiday and first regular workday following such holiday. If the employee has not worked on these days, he shall be paid only his regular compensation.
B.
If an employee's workday falls partially within the hours of a holiday,
he must complete at least four hours of his full workday on such holiday
and he shall be paid at the rate of 250% of his base salary for the
full day, but in order to qualify for such compensation he must work
his complete workday. Should the employee complete less than the required
four hours of employment, he shall be paid only the regular compensation
for the full eight hours.
C.
If any employee at the water filtration plant, any fireman at the
Hussey Hospital or any emergency medical technician is required to
work during the Good Friday holiday period, such employee shall be
compensated at the rate of two times his regular rate of pay for such
period. If any other employee is required to work during the Good
Friday holiday period, such employee shall be compensated at his regular
rate of pay for such period and shall further be granted a compensatory
one-half day off with pay. Such compensatory one-half day off shall
be granted to such employee within 30 working days of the date of
the Good Friday holiday period during which such employee was required
to work. The designation of the specific time period for such compensatory
one-half day off shall be within the sole discretion of the employer.
D.
Holiday pay for employees represented by Local 3177 shall be in accordance
with the contract.
If the department head shall assign work to an employee on a
holiday and such employee refuses to work, the employee shall forfeit
all rights for that particular holiday pay.
If any permanent member of the fire-fighting force or Fire Alarm
Division of the Fire Department is required to have duty responsibilities
at any time on any legal holiday, he shall be given an additional
day off, or, if such additional day off cannot be given because of
personnel shortage or other cause, he shall be entitled to an additional
day's pay; provided that, in the case of any such member who works
48 hours or more per week, and whose regular day off or vacation or
furlough day falls on any of such holidays, an additional day shall
be allowed, or payment in lieu of one day shall be allowed. Such additional
day's pay shall be based on 1/5 of his regular weekly salary or such
higher rate as may be determined by the person authorized to establish
pay scales in the Fire Department.
If any police officer who is a member of the Police Department
is required to work on any legal holiday, he shall be given an additional
day off; or, if such additional day off cannot be given because of
personnel shortage or other cause, he shall be entitled to an additional
day's pay; provided that, in the case of a police officer who works
five or more days a week, and whose regular day off or vacation or
furlough day falls on any of such holidays, an additional day shall
be allowed, or payment in lieu of one day shall be allowed. Such additional
day's pay shall be based on the hourly rate of his regular compensation
for his average weekly hours of regular duty or such higher rate as
may be determined by the person authorized to establish pay scales
in the Police Department.
A.
The additional pay received under the provisions of §§ 50-132 and 50-133 shall be treated as part of the annual rate of compensation of a member of the Police or Fire Department for the purpose of determining the amount of pension that such member is entitled to under the applicable provisions of MGL c. 32.
B.
This section shall apply only to pension payments made subsequent
to the date of the enactment of the ordinance from which this section
is derived, and shall not be availed of as a basis for a claim for
retroactive payment of pensions.
The overtime and holiday pay provisions of this division shall
not apply to the Engineering Division.
