A.
Leave is any authorized absence during regularly scheduled work hours
that is approved by Administration. Leave may be authorized with or
without pay and shall be granted in accordance with these rules on
the basis of the work requirements of the departments and, when practical,
the personal needs of the employee. Failure on the part of the employee
on leave to report promptly at its expiration or within a reasonable
time after notice to return to duty may result in separation.
B.
If an income replacement benefit (IRB) policy is offered to any bargaining
units, nonunion employees will be availed the same resource.
A.
All leaves, including vacation and personal leave, but excluding
sick or injured leave, must be requested from and approved by Administration
or appointing authority prior to the beginning of the leave. In the
case of a request for sick leave, the employee shall notify his/her
department head.
B.
Requests for leave without pay must be made in writing to the department
head and submitted for approval to Administration for final approval.
Requests for unpaid leave must include the reasons for such request
and the time requested. The Town reserves the right to require an
employee to exhaust all accrued leave before taking an unpaid leave
of absence. A nonexempt employee will not be paid for any absence
from scheduled working hours unless such absence is approved in advance.
Deductions from the pay of exempt employees will be in accordance
with the FLSA and state law. No insurance benefits will be provided
for approved unpaid leave except those that are required as part of
FMLA. All unpaid leave beyond FMLA must be placed on COBRA for continuation
of insurance benefits. (See Benefits Policy Manual.[1])
A.
The absence of an employee from work that is not authorized by a
specific grant of leave of absence under the provisions of these rules
shall be deemed an absence without leave. Nonexempt employees will
be docked pay for absences without leave. Any employee who is absent
without leave may be subject to disciplinary action.
B.
Employees on administrative leave or any other paid or unpaid leave
do not accrue any paid leave.
A.
Vacation leave with pay will be granted at the beginning of the fiscal
year.
|
Length of Continuous Full-Time Creditable Service
(years)
|
Vacation Leave
(days per year)
|
|---|---|
|
Less than 5
|
10
|
|
Between 5 and 10
|
15
|
|
Between 10 and 20
|
20
|
|
20 or more
|
25
|
B.
Vacation carry-overs are not permitted, unless allowed and approved
by Administration with a sixty-day prior notice (before May 31) to
Administration. The Town would pay up to 40 hours of vacation time
to employees within 60 days of close of the subsequent fiscal year.
C.
Approval of vacation leave. All vacations shall be taken at times
satisfactory to the department head and Administration. Administration
may request at least a two-week lead time for any request greater
than two days.
D.
Separation from service. In the event of a discharge, unused vacation
must be paid on the last day of employment. In the event of layoff,
retirement, or voluntary resignation with proper notice, an employee's
accrued vacation leave, not to exceed one year's vacation accrual,
shall be paid in the next regular pay check at the time of separation.
A.
General.
(1)
Sick leave shall be allowed only in the case of actual illness, or
injury, which incapacitates the employee from the performance of his
or her duties. Under certain circumstances sick leave may also be
used for illness or injury in the employee's family.
(2)
Administration may grant up to an additional 15 days for an illness-related
absence if requested.
(3)
Regular full-time employees will receive 10 sick days at the beginning
of the fiscal year. A maximum cap of 180 sick days will be allowed.
(4)
A regular part-time employee shall accumulate sick leave credits
in the same proportion that his/her part-time service bears to full-time
service.
B.
Certification of illness.
(1)
Human Resources may require that the employee obtain a medical certification
from the employee's own physician for absences greater than three
days. The certification shall include:
(a)
The date and nature of the employee's illness or injury
or the preventive or rehabilitative care sought by the employee;
(b)
The date(s) the employee was examined or treated; and
(c)
(If applicable) The dates on which the employee was disabled
from performing his/her work, when the employee can resume work, what
specific restrictions (if any) are applicable, and the length of time
said restrictions shall apply.
(2)
The medical certification must be filled out in a legible manner
and signed by the employee's licensed attending physician or
other health care provider.
(3)
It shall be the employee's obligation to ensure the Town receives
the medical certification in a timely manner. Failure to provide such
certificate shall be sufficient to deny such leave and it may be retroactively
recouped by the Town.
C.
Medical examination. Administration may also require that the employee
undergo a medical examination at the Town's expense, by a doctor
designated by the Town when returning to work.
D.
Abuse of sick leave. Abuse of sick leave shall result in disciplinary
action up to and including discharge.
E.
Accumulated sick leave. An employee shall not be entitled to compensation
in lieu of accumulated sick leave, except as provided below.
F.
Retirement benefit (sick leave). An employee with 20 or more years
of continuous service to the Town may notify Administration of his
or her intention to retire and, if he or she so notifies Administration
in writing 12 months before retiring (unless the employee is unable
to give one year notice due to bona fide sickness or disability) the
employee may receive 25 days of accumulated sick leave pay as a one-time
severance payment upon retirement. To be eligible, the employee must
have accumulated a minimum of 180 days of sick leave at the time the
written notice of retirement is received by Administration. This benefit
shall not be available for employees hired after March 30, 2013.
Workers' compensation leave, as distinguished from sick
leave, shall mean paid leave given to an employee due to absence from
work caused by an accident, injury, or occupational disease or illness
that occurred in the course of and arose out of the performance of
his/her duties. Employees of the Town are covered by workers'
compensation or other statutory provisions and are paid stated amounts
due to injuries sustained on the job.
An employee shall be granted a leave of absence for jury duty
with regular pay. Such leave shall only be during that part of the
day that appearance is required. Fees received in connection with
said service for days when such employees receive regular pay must
be immediately turned over to the Town. When such employee is properly
excused by the court, he/she shall report back to work.
A.
Regular employees shall be granted a leave of absence with pay for
a period of up to three working days when a death has occurred in
their immediate family (father, mother, brother, sister, grandparents,
father-in-law, mother-in-law, spouse, domestic partner, child, stepfather,
stepmother, son-in-law, daughter-in-law, stepchildren, grandchildren,
or one for whom the employee has the verified status of legal guardian)
upon request to their department head for attendance at the memorial
service and for a period of bereavement.
B.
Regular employees will be granted a one-day leave of absence for
the death of a relative that is not a member of their immediate family
and any other of equal relationship.
C.
Bereavement leave shall only be paid for days on which the employee
was regularly scheduled to work and would not have been absent for
any other reason.
Regular employees shall be entitled to up to two days off with
pay per fiscal year for legal, business, household, family or other
personal matters during working hours, subject to prior approval of
the department head. Employees requesting such leave shall fill out
a Town approved form at least five working days in advance of the
commencement of the requested leave, except in case of a bona fide
emergency.
Administration may grant a leave of absence without pay for
personal reasons for periods beyond those allowable with pay with
appointing authority approval. Leave of absence without pay shall
not be granted for more than three months except for military leave.
Further extensions of three months may be granted by Administration
if unusual circumstances warrant it or it is mutually advantageous
to the Town and employee. No benefits will be provided except as required
under FMLA or MMLA.
A.
The Town provides an unpaid leave of absence of up to eight weeks
to eligible full-time employees who have completed a three-month probationary
period and who want to take time off to fulfill family obligations.
Employees are eligible for parental leave if:
(1)
The leave is for the purpose of childbirth, adoption of a child under
age 18, adoption of a child under age 23 if the child is mentally
or physically disabled, or placement of a child with the employee
pursuant to a court order;
(2)
The employee is employed full time and has completed a probationary
period of three consecutive months of service; and
(3)
The employee communicates to Jennifer L. Wolowicz, Assistant Town
Administrator i) the date the employee wishes to begin the leave at
least two weeks before the date, if the reason for the leave is foreseeable,
and ii) whether he or she intends to return to work at the end of
the leave of absence. If the reason for the leave is unforeseeable,
the employee must request leave as soon as possible.
B.
While the employee is out on parental leave, the employee must notify
Jennifer L. Wolowicz as soon as practical about any requested change
in the employee's leave schedule, intent to return to work, or
requested change in the anticipated date of return to work.
C.
Any leave of absence that is taken under this policy will be unpaid.
However, employees have the option to use any accrued sick, vacation,
or other paid time off concurrently with their leave so that the employee
can be paid during the time he or she is out of work on leave.
D.
A leave of absence taken under this policy will not affect the employee's
right to receive the same vacation time, sick leave, bonuses, advancement,
seniority, length of service credit, benefits, plans or programs that
the employee was eligible to receive immediately before the parental
leave began. The Town will comply with all aspects of the law regarding
job restoration. The period of leave will run concurrently with other
statutory leave for which the employee is eligible and which covers
the employee's period of leave.
E.
If two employees request parental leave for an event concerning the
same child, the two employees will be granted a total of eight weeks
of leave between the two employees if the employees meet all of the
requirements for leave under this policy. The employees must work
with Jennifer L. Wolowicz to determine a feasible leave of absence
and return schedule for both the Town and the employees.
F.
Additional time for leave may be available under other laws for an
employee's serious health condition that makes the employee unable
to perform his or her job, or as a reasonable accommodation for a
qualified disabled person. The qualifications required to be eligible
for the additional leave may be different than the qualifications
required to be eligible for parental leave. If an employee needs additional
leave for the reasons stated above, employees should consult with
Jennifer L. Wolowicz about their eligibility for additional leave.
If an employee is granted more than eight weeks of parental leave,
the Town does not guarantee the employee will be restored to the same
or similar position unless the leave is concurrently covered by the
Family and Medical Leave Act (FMLA) and the employee is eligible for
FMLA. Under the FMLA, a full-time female employee giving birth may
be entitled to an unpaid maternity leave of up to 12 weeks. The parental
leave replaced the Massachusetts Maternity Leave Act (MGL c. 149, § 105D).
