[HISTORY: Adopted by the Selectboard of the Town of South
Hadley September 2014; amended in its entirety August 2017. Subsequent
amendments noted where applicable.]
A.
Active employees. Full-time permanent employees scheduled for 20
or more hours a week (as defined by law) are eligible for insurance
coverage. New hires eligible for insurance will qualify for health,
dental, and life insurance benefits the first of the month following
30 days from the date of hire. Premiums are paid to the provider in
advance for the subsequent month of coverage. Employees with a separation
in service are considered new hires under this policy.
B.
Retirees. Retirees can receive health insurance benefits if elected
to do so at the time of retirement. Retirees who do not choose health
insurance at the time of retirement will not be allowed back on to
the plan after their date of retirement. Retirees who are unable to
have their insurance premium deducted from their retirement benefit
must contact the Payroll and Benefits Coordinator at the time of retirement
to make payment arrangements directly to the Town. Nonpayment in 30
days will result in termination of coverage.
C.
Death of an employee or retiree.
(1)
In the event an active employee or retiree passes and they are enrolled
in an individual +1, family plan, or MEDEX plan, the surviving spouse/dependents
are eligible to remain on the Town-sponsored plan.
(2)
The surviving spouse/dependents can remain on the plan at 100% of
the premium. Payments will be due to the Benefits Office on a quarterly
basis, unless payment is made via a Town pension. (MGL c. 32B, § 9B.)
A.
The Town presently provides the following group insurance coverage
for regular full-time employees and eligible part-time employees:
(1)
Group medical and hospital insurances are offered to eligible employees
and their families in accordance with MGL c. 32B. Such plans are contributory
with the Town paying a percentage of the premium and the employee
paying the balance.
(2)
Group life insurance is offered to each regular full-time employee
including coverage of $5,000 and AD&D with the Town paying a percentage
of the premium and the employee paying the balance.
B.
Details of insurance coverage are described in the Benefits Policy
Manual and are subject to amendment from time to time as are the contributory
amounts. In the event of a conflict between this personnel policy
and the insurance plan itself, the insurance plan shall prevail.
Town employees who work 20 hours or more per week throughout
the year (1,040 hours per year) are required to join the Hampshire
County Retirement System. Membership is optional for elected officials.
Employees should contact the Hampshire County Retirement Board for
additional details regarding the retirement system. (MGL c. 32 and
630).
A.
Effective January 1, 1992, all wages earned by new hires not eligible
to participate in either the Town or state retirement systems will
be subject to a mandatory 7.5% withholding and to the Town's
deferred compensation plan (OBRA). These funds will be invested in
a guaranteed interest account in the existing deferred compensation
program. Also effective on January 1, 1992, for new hires no additional
contribution will be made to social security, except for the 1.45%
Medicare tax which is not subject to exclusion based upon participation
in the deferred compensation program.
B.
Employees not eligible for participation in either the Town or state
retirement system or who already have made contribution since July
1, 1991, will be permitted to participate in the deferred compensation
plan in lieu of continuing to be charged the social security tax.
The Commonwealth SMART Plan 457 Deferred Compensation Plan is
offered to the employees of state and local governments, subdivisions
of state governments or certain eligible key employees of tax-exempt
organizations. Deferred compensation plans allow participants to save
for retirement now and pay taxes later by contributing a portion of
their salaries to the plan. Please contact Dan Moroney for more information.
(413) 335-0542 dan.moroney@empower-retirement.com.
Flexible spending accounts let you set aside a portion of your
paycheck tax free to pay for certain health and dependent care expenses.
Contributions are deducted from your paycheck prior to federal, state,
and Medicare taxes. No tax on your contribution saves you money. Contact
information is available in the Payroll and Benefits Office in Town
Hall.
Employees may voluntarily enroll in dental, short-term disability,
long-term disability, cancer insurances and other products. Please
visit the Payroll and Benefits Office for more information on the
dental plans. Please contact Jonathan Popp for more information on
all other products. (413) 221-3483 jonathan_popp@us.aflac.com
A.
The Family and Medical Leave Act (FMLA) of 1993 allows eligible employees
12 weeks of unpaid leave (FMLA leave) per year under the circumstances
outlined below.
(1)
Employees may take leave for the following reasons:
(a)
The birth of a child and to care for the newborn child within
one year of birth;
(b)
The placement with the employee of a child (under the age of
18) for adoption or foster care and to care for the newly placed child
within one year of placement;
(c)
To care for the employee's spouse, child, or parent who
has a serious health condition (child is defined as including biological,
adopted, or foster children, stepchildren, or child of a person with
legal guardianship or who has day-to-day responsibility to care for
and financially support a child, even if there is no biological or
legal relationship);
(d)
A serious health condition that makes the employee unable to
perform the essential functions of his or her job. "Serious health
condition" is defined by law and refers to in-patient care, and in
some instances out-patient care, by a medical provider.
(2)
Use paid leave first. Employees are required to use certain types
of accrued or available paid leave first, as part of the 12 weeks
of FMLA leave, before commencing the unpaid portion of the leave.
Employees who take leave because of their own serious illness, the
birth or placement of a child, or to care for an ill spouse, parent
or child must first use all accrued vacation, personal, and sick time.
(3)
Eligibility. To be eligible for leave under this policy an employee
must have been employed by the Town for at least 12 months, and must
have worked at least 1,250 hours during the twelve-month period preceding
the commencement of the leave. While the 12 months of employment need
not be consecutive, employment periods prior to a break in service
of seven or more years may not be counted unless the break is for
military service.
(4)
Conditions.
(a)
Twelve weeks. Employees may take no more than 12 weeks of leave
in a twelve-month period. The twelve-month period is a rolling 12
months beginning 12 months prior to the proposed commencement of requested
leave. If both spouses are employed by the Town, they are together
entitled to a total of 12 weeks of leave for the birth or placement
of a child, or care of a sick parent.
(b)
Notice. Employees wishing to take FMLA leave must give 30 days'
notice if foreseeable. If the event giving rise to the need for leave
is not foreseeable, then the employee must give such notice as is
practicable under the circumstances. Employees must schedule planned
medical treatments with due regard for the Town's operational
needs.
(5)
Certification.
(a)
Employees requesting FMLA leave must provide medical certification
to support a claim for leave for an employee's own serious health
condition or to care for a seriously ill child, spouse, or parent.
The medical certification must set forth: the date on which the serious
health condition commenced; the probable duration of the condition;
and, the appropriate medical facts within the knowledge of the health
care provider regarding the condition. In its discretion, the Town
may require a second medical opinion and periodic recertification
at its own expense.
(b)
The new FMLA regulations provide that an employer may contact
an employee's health care provider to clarify or authenticate
the medical certification if the employee has not cured deficiencies
in the certification. Communication with the health care provider
may require the employee to provide authorization compliant with the
Health Insurance Portability and Accountability Act (HIPAA). If the
employee refuses to provide the employer with authorization and does
not otherwise clarify the certification, the employer may deny the
FMLA leave.
(6)
Reduced schedule leave. If medically necessary for a serious health
condition of the employee or his or her spouse, child or parent, leave
may be taken on an intermittent or reduced leave schedule. If leave
is requested on this basis, the Town may require the employee to transfer
temporarily to a position, with equivalent compensation, which better
accommodates recurring periods of absence or a part-time schedule.
(7)
Benefits.
(a)
Health coverage. Employees on leave are entitled to the continuance
of group health coverage under the same conditions they received coverage
prior to the leave. Employees who contribute to their health insurance
premiums via payroll deduction must arrange to pay the premium contributions
during the period of unpaid absence, if they wish to retain coverage.
In the event that an employee elects not to return to work upon completion
of an approved unpaid leave of absence, the Town may recover from
the employee the cost of any payments made to maintain the employee's
coverage, unless the failure to return to work was for reasons beyond
the employee's control.
(b)
Other benefits.
[1]
Benefits based upon length of service will be calculated as
of the last paid work day prior to the start of the unpaid leave of
absence.
[2]
Employees do not accrue sick, vacation or personal time while
on leave in excess of 30 days.
[3]
Sick leave, workers' compensation leave, injured leave,
or other absences. Employees who are out of work for reasons that
would qualify for leave under this policy, irrespective of whether
leave has been requested under this policy, are required, upon request,
to provide to the Town the information and certifications required
by this policy. The Town shall designate all such qualifying leave
as Family and Medical Leave, which shall run against the 12 weeks
allowed under this policy.
(8)
Return to work. Employees returning from FMLA leave in accordance
with this policy will be restored to their original positions, or
to equivalent positions with equivalent pay and benefits. Employees
should contact Administration and their supervisor at least two weeks
before their return date to make arrangements. The Town may require
returning employees to obtain and/or produce medical certification
that they are able to perform all of the essential functions of the
job prior to the employee's return to work.
B.
Small necessities leave.
(1)
The Small Necessities Act, Massachusetts General Law Chapter 149,
§ 52D, provides that an employee shall be entitled to a
total of 24 hours of unpaid leave during a twelve-month period (the
twelve-month period is a rolling 12 months beginning 12 months prior
to the proposed commencement of requested leave), in addition to leave
available under the Family and Medical Leave Act of 1993, for the
following purposes:
(a)
To participate in school activities directly related to the
educational advancement of a son or daughter;
(b)
To accompany the son or daughter of the employee to routine
medical or dental appointments, such as check-ups or vaccinations;
or
(c)
To accompany an elderly relative of the employee to routine
medical or dental appointments or appointments for other professional
services related to the elder's care.
(2)
Employees who have accumulated sick, personal, or vacation time must
use such time as part of the 24 hours before becoming eligible for
unpaid time. The Town will not provide paid leave in any situation
where it would not normally provide such paid leave.
C.
Military family leave.
(1)
Eligible employees may take up to 12 weeks of FMLA leave in any twelve-month
period for other qualifying exigencies connected with military service,
and may take up to 26 weeks of leave in a single twelve-month period
if needed to care for a family member who is a covered service member
with a serious illness or injury incurred in the line of duty while
on active duty (military caregiver leave).
D.
Qualifying exigency leave.
(1)
Up to 12 weeks of FMLA leave is available for certain exigencies
arising out of the fact that the employee's spouse, son, daughter,
or parent is a covered military member on covered active duty or called
to active duty status in support of a contingency operation. The exigencies
that may qualify for leave are:
(a)
Short-notice deployment;
(b)
Military events and related activities;
(c)
Childcare and school activities;
(d)
Financial and legal arrangements;
(e)
Counseling;
(f)
Rest and recuperation;
(g)
Post-deployment activities; and
(h)
Additional activities not encompassed in the other categories,
but agreed to by the employer and employee.
(2)
Qualifying exigency leave is available to a family member of a military
member in the Reserves or National Guard; it does not extend to family
members of military members in the regular armed forces.
E.
Covered service member care leave.
(1)
Leave to care for a family member who is a covered service member
is limited to a one-time leave of up to 26 weeks within a single twelve-month
period. An eligible employee must be needed to care for a family member
injured in the course of duty while on active duty with the military.
The leave is available on a one-time basis for an injury or incident
befalling that family member. For purposes of this leave only, the
definition of family member is extended to encompass "next of kin"
to the extent not already encompassed by the applicable definition
of family member under the FMLA.
(2)
Definition of covered service member. A "covered service member"
is a current member of the Armed Forces, including a member of the
National Guard or Reserves, who has a serious injury or illness incurred
in the line of duty on active duty that may render the service member
medically unfit to perform his or her duties for which the service
member is undergoing medical treatment, recuperation, or therapy;
or is in outpatient status; or is on the temporary disability retired
list.
F.
Military leave.
(1)
Employees of the Town who are members of a Reserve Unit of the Army,
Navy, Marine Corps, Coast Guard, or Air Force of the United States
or Massachusetts, shall be entitled to absent themselves from their
duties, after giving due notice to their department head, while engaged
in required field training in such a unit. No such employee shall
be subjected to any loss or reduction of seniority, vacation, or holiday
privileges. Such employees shall be paid the compensation that would
have otherwise have been received during the leave, less all monies
that the employee received from the military (excluding reimbursement
of the employee's out-of-pocket expenses) as provided in MGL
c. 37, § 59.
(2)
Any employee who leaves the service of the Town for the purpose of
entering the Armed Forces of the United States shall be reinstated
in his or her former position and duties, provided that he or she
makes application for return to such service within 90 days after
he or she has received a certificate of satisfactory service from
the Armed Forces. The department head or appointing authority shall
certify in writing that such employee is able and qualified to perform
the work required and that there is work available. In considering
the factor of availability of the work, the Town shall replace (by
the returning employee) any employee with less service who was employed
for the purpose of filling the position vacated by such returning
employee. Any employee returning to the service of the Town shall
be credited with the period of such service in the Armed Forces to
the same extent as though it had been a part of the term of service
to the Town.
(3)
If the laws of the United States provide for more extensive military
leave rights than the provisions of the state statute, the federal
laws shall prevail and the greater rights shall be granted.
G.
Qualifying exigency leave. Up to 12 weeks of FMLA leave is available
for certain exigencies arising out of the fact that the employee's
spouse, son, daughter, or parent is a covered military member on covered
active duty or called to active duty status in support of a contingency
operation.
A.
The Town considers employee development an integral part of each
department head's responsibility. The objective of this policy
is to provide each employee with long-term personal growth opportunities
and the Town with qualified and promotable individuals.
B.
Department heads may request approval of administration or appointing
authority to enroll employees in outside seminars and other educational
programs designed to meet specific development objectives. Proposed
seminars or training programs should be designed for immediate on-the-job
application. The Town will pay related costs, which are reasonable
and necessary, provided that the educational program and estimated
costs are approved in advance. To be eligible for reimbursement an
employee must submit verification that s/he successfully completed
the program and provide an itemized list of costs and expenses. All
such requests for reimbursement shall be made within two weeks of
the program's completion.
C.
Administration may require attendance of any and all employees at
professional development seminars provided in-house.
The Town of South Hadley encourages the professional growth
of its employees through the enhancement of their educational background.
Courses for degree programs, courses for credit, noncredit courses,
certificates, and licenses may be considered for education assistance,
depending upon the relevance to an employee's current position
or future career opportunities at the Town of South Hadley.
B.
Reimbursement limit.
(1)
Reimbursement will be granted, up to a maximum of $3,000 per employee
per year, provided that (reimbursement is for education and required
materials):
(a)
The employee complete an education reimbursement form and submits
a written course description to administration prior to beginning
the course;
(b)
The employee receives back an approved copy of the education
reimbursement form;
(c)
The employee successfully completes the course with a grade
higher than a "C" (original grade report must be submitted); and
(d)
The employee provides a paid copy of the education bill.
(2)
For employees who work less than 40 hours a week, this benefit will
be prorated.
C.
Employees eligible for reimbursement from any other source (scholarship,
fellowship, veteran's program, or grant) may still seek assistance
under this program, but are reimbursed only for the difference between
the amount received from the other funding source and the actual course
cost, up to the maximum reimbursement allowable under this policy
based on the grade received. Education reimbursement provided for
under a collective bargaining agreement supersedes this provision
for employees covered by such an agreement.
D.
If an employee wishes to obtain approval for a degree program, an
acceptance letter or other documentation verifying enrollment is required.
Regular part-time employee benefits shall be as allowed and
required by law.
A.
Employees who are members of the Town of South Hadley health insurance
group and terminate employment (for reasons other than gross misconduct)
are entitled to COBRA benefits that allow the employee to continue
coverage in the group for up to 18 months at their own expense at
102% of premium costs.
B.
Such continued coverage will be identical to the coverage provided
under the plan for active employees and their covered families, but
will cease if the premium is not paid on a timely basis or if they
become covered under another group health plan. In the case of a divorce
or legal separation, health insurance may be continued for dependents,
in accordance with the divorce/separation agreement. Continuation
of this coverage also ceases if the premium is not paid on a timely
basis or if coverage is obtained through another group.
C.
This provision is subject to amendment by federal law.
D.
If an employee separates services and is enrolled or eligible for
Medicare he or she will be eligible for COBRA Continuation Coverage
in the Town's MEDEX plan, provided that he or she has both Medicare
Part A and Medicare Part B.
The Town of South Hadley is implementing this policy and the
following procedures in order to meet its obligations under the Patient
Protection and Affordable Care Act (ACA). The Town of South Hadley
is committed to being in full compliance with the ACA. The Town of
South Hadley is categorized as a large employer under the ACA and
may be subject to an Employer Share Responsibility Payment (ESRP)
if one of its full-time employees purchases health insurance through
the Massachusetts Health Connector and receives a tax credit for that
purchase. The following procedures are designed to ensure that the
Town of South Hadley will avoid, or at least minimize, any liability
for ESRPs.
A.
Look-back measurement method; measurement, administrative and stability
periods.
(1)
Pursuant to the ACA, ongoing (current) Town of South Hadley employees
who are employed for at least 130 hours of service per month must
be offered Town-sponsored health insurance for themselves, their spouses,
and dependents up to age 26. The Town of South Hadley shall employ
a twelve-month look-back measurement method to determine eligibility
for all employees. After 12 months, the Town of South Hadley shall
have up to three months (the administrative period) to determine if
any full-time employees (total hours divided by 12 must equal 130
hours) have not been offered Town-sponsored health insurance and to
enroll (or disenroll) them if necessary. If there are any such employees,
the Town of South Hadley shall offer them Town-sponsored health insurance
for the 12 months following the measurement period. The twelve-month
coverage is called the stability period. How many hours an employee
works during the stability period is relevant only in determining
whether he/she will be eligible for Town-sponsored health insurance
coverage in the next stability period. The measurement, administrative,
and stability periods shall then repeat themselves on an ongoing basis.
(2)
The administrative period will be the same length for all employees
and it will not serve to reduce or lengthen either the measurement
or stability periods. To prevent gaps in health insurance coverage,
the administrative period will overlap with the prior stability period
during which time an employee's classification (full-time or
part-time) will remain unchanged.
(3)
When the Town of South Hadley hires a new employee who is expected
to work on a full-time basis, the Town of South Hadley shall offer
Town-sponsored health insurance upon initial employment. Once the
employee has been employed by the Town of South Hadley for a full
standard measurement period (the same period that applies to ongoing
employees), he/she shall become an ongoing employee and be included
in the normal look-back measurement cycle for determining eligibility.
(4)
For new employees expected to be variable hour, seasonal, and part-time
employees, the Town of South Hadley shall track their hours of service
using an initial measurement period of 12 months. The initial measurement
period shall begin on the first day of the first calendar month following
the employee's start date (or on the first day of the first payroll
period starting on or after the employee's start date, if later).
As with ongoing employees, an administrative period of up to three
months shall be employed, along with a twelve-month stability period.
Once a new variable hour, seasonal or part-time employee has been
employed by the Town of South Hadley for a full standard measurement
period (the same period that applies to ongoing employees), he/she
shall become an ongoing employee and be included in the normal look-back
measurement cycle for determining eligibility.
B.
Hours of service and periods of time not included in six-month calculation.
(1)
As mentioned previously, the Town of South Hadley employee must average
at least 130 hours of service over a twelve-month period to be entitled
to Town-sponsored health insurance. The following categories of service
count toward the 130 average: each hour worked for which employee
is paid; unpaid short scheduled breaks (not including unpaid lunch
breaks of at least 30 minutes), paid time off due to vacation, holiday,
illness, incapacity (including disability), layoff, jury duty, military
duty or leave of absence. Generally unpaid time off will not count
toward the 130 hours of service.
(2)
Certain periods of unpaid time off will not be included when calculating
the twelve-month standard measurement period. They include: summer
months for teachers and other school employees, FMLA leave, military
leave, jury duty. For these special periods of unpaid time off, the
Town of South Hadley will determine the average hours during the measurement
period, excluding the special unpaid leave period, and will use that
average as the average for the entire measurement period.
