[HISTORY: Adopted by the Town Meeting of the Town of Avon 5-7-2019 ATM by Art. 8. Amendments noted where applicable.]
A.
All Town departments and positions shall be subject to the provisions
of the personnel system established pursuant to this bylaw except
officials elected by popular vote, employees under individual employment
contracts, employees subject to a collective bargaining agreement
with the Town and employees under the direction and control of the
School Committee.
B.
All employees covered shall receive the rate of pay and be subject
to the provisions set forth in the personnel system established pursuant
to this bylaw as determined to be applicable to them by the Personnel
Board hereinafter established. Nothing in the bylaw shall be construed
to be in conflict with MGL c. 31 relating to civil service, or with
MGL c. 150E relating to public employee collective bargaining, which
shall prevail if there is any conflict.
A.
Discrimination against any person in recruitment, examination, appointment,
training, promotion, retention, transfer, compensation, benefits,
or any other personnel action because of political affiliation, race,
creed, color, national origin, age, gender, sexual orientation,. handicap,
or other non-merit factor is prohibited.
B.
This policy, issued in accordance with the Equal Employment Opportunity
Act and Massachusetts Fair Practice Law, affects all employment practices.
As used in this bylaw, the following terms shall have the meanings
indicated:
A person occupying a paid position appointed by and reporting
to the Select Board or a department head in the service of the Town.
The fixed annual salary of such positions is established and funded
by vote at an Annual Town Meeting.
[Amended 1-28-2023 STM by Art. 9]
A position or group of positions in the Town service sufficiently
similar in respect to duties and responsibilities and authority so
that the same descriptive title may be used to designate each position
allocated to the class, that the same tests of fitness may be used
to choose qualified employees and that the same scale of compensation
can be made to apply with equity.
See § 61-5.
The base salary or base wages earned by any employee by reason
of services performed.
Uninterrupted employment except for required military service,
authorized holidays and authorized leave status.
The movement of an employee from a position in one class
to a position in another class at a lower level.
The officer, board, or other body having immediate supervision
of the employee and/or the work unit.
Holidays listed in § 61-11A of this bylaw.
The permanent involuntary termination of a person from Town
service.
A person occupying a paid position appointed by the Select
Board in the service of the Town.
[Amended 1-28-2023 STM by Art. 9]
The date on which an employee commences performance of duties
and is placed on the payroll.
A three-hundred-sixty-five-day period beginning on the date
on which an employee commences performance of duties and is placed
on the payroll.
The rate of pay at which an employee is hired.
All tests of fitness taken together that are applied to determine
the fitness of applicants for positions of any class.
A salaried employee under the Fair Labor Standards Act.
A work schedule consisting of a minimum of seven hours per
day, five days per week totaling 35 hours or more per week, for 52
weeks less authorized holidays and authorized leave status, which
is funded for an entire year.
A mechanism to determine the proper placement of a position
on the Classification and Compensation Plan.
The Step 5 level of any classification range in the Compensation
Plan payable to an employee.
The Step 1 level of compensation of any classification range
in the Compensation Plan payable to an employee.
A post of employment in the Town's service that is created
by the Personnel Board.
An injury which occurs while an employee is performing his/her
duties and responsibilities during hours actually worked.
Hours, authorized by a department head, worked by an employee
in excess of 40 hours in a work week.
A work schedule regularly more than 10 hours and less than
20 hours per week less authorized leave time.
A change in compensation.
An assessment of an employee's performance by the department
head.
The designated employee responsible for maintaining and administering
the Town's personnel policies.
A post of employment in the Town's service as listed in § 61-7 of this bylaw requiring a job description outlining duties and responsibilities of an employee.
A working test period following an appointment during which
an employee is required to demonstrate, by conduct and actual performance
of the duties, fitness for the position to which appointed.
A change from a position of lower class and compensation
level to a position with greater responsibilities in a higher class
and compensation level.
The dollar differential between the minimum and maximum rates
in each classification in the Compensation Plan payable to an employee.
An appointed employee with a climate-related work assignment
that is no more than 16 consecutive weeks.
The incremental increase received on a fixed date that may
or may not be tied to performance.
The percent between the incremental increases contained in
the classification range.
The Town of Avon, Massachusetts.
A.
Membership.
(1)
Pursuant to MGL c. 41, §§ 108A and 108C, there shall
be a Personnel Board consisting of three unpaid members responsible
for the administration and maintenance of the Classification and Compensation
Plan. They shall not be employees, appointed members of any other
board, or elected officials of the Town. Personnel Board members may
serve on other committees of the Town that do not have any paid employees.
(2)
The members of the Board shall be appointed by the Moderator. Each
Personnel Board member shall serve for a term of up to three years
to commence on the first day of the Town's fiscal year (July 1).
(3)
The Moderator shall appoint members of the Board on a staggered basis,
so that each full term shall expire in three consecutive years.
(4)
If any member of the Personnel Board shall resign or otherwise vacate
his/her office before the expiration of his/her term, his/her successor
shall be appointed by the Moderator to serve the balance of the unexpired
term.
(5)
Board members shall be sworn in to office by the Town Clerk.
B.
Duties and responsibilities.
(1)
The Board shall administer the Classification and Compensation Plan
and ensure that there is uniform interpretation and application of
it.
(2)
The Board shall establish such policies, procedures and regulations
as it deems necessary for the administration of the Plan, in consultation
with the Personnel Administrator, and may employ assistance and incur
expenses as it deems necessary, subject to appropriation of funds.
(3)
The Board shall, annually at the first meeting following the Annual
Town Meeting and/or immediately following the appointment of a new
member or members, meet and organize by electing a Chair. A majority
of the Board shall constitute a quorum for the transaction of business.
The votes of the majority of all members of the Board shall be necessary
on any matter upon which it is authorized or required to act.
[Amended 1-28-2023 STM by Art. 9]
(4)
The Board shall maintain written descriptions of jobs or positions
in the Plan, describing the essential functions, requirements, and
general duties. The descriptions shall not be interpreted as complete
or limiting definitions, and employees shall perform any additional
duties assigned by their supervisor.
(5)
The Board shall make an annual report, in writing, to the Select
Board for publication in the Annual Town Report.
[Amended 1-28-2023 STM by Art. 9]
(6)
The Board by its own authority may reclassify an existing position,
and no position may be reclassified until the Board shall determine
that such reclassification is consistent with the purpose and provisions
of the Plan.
(7)
The Board by its own authority may create new classifications or
change existing classifications that shall be consistent with the
purpose and provisions of the Plan.
(8)
The Board from time to time shall review the work of all positions
covered by the Plan. Such reviews to be scheduled so that all positions
shall be reviewed at intervals of not more than five years.
(9)
The Board shall annually review the compensation schedules. It shall
keep informed as to the pay rates and policies in effect in other
towns of similar size and budget and in towns in the surrounding geographic
area. It shall make recommendations to the Town so as to maintain
fair and equitable compensation levels.
(10)
After the recommendation of the Personnel Administrator, supported
by written documentation of special reasons and/or exceptional circumstances,
the Personnel Board may authorize an entrance rate higher than the
minimum rate. The Board may authorize any other variance to the Plan
it may deem necessary for the proper functioning of the Town. No variance
shall become effective until the necessary funds have been appropriated.
(11)
The Board shall establish the Town's personnel policies in consultation
with the Personnel Administrator, and shall amend those policies,
as it deems necessary. No policy shall be changed without a majority
vote of the Personnel Board. The Personnel Administrator shall be
responsible for maintaining and administering all personnel policies.
(12)
The Board, as it deems necessary, may propose amendments to the personnel
bylaws for consideration by the Town at the Annual Town Meeting.
A.
Administration of Classification Plan.
(1)
The Personnel Board is responsible for the classification of all
positions in the Town, except those positions filled by popular election,
employees under individual employment contracts with the Town, employees
covered by collective bargaining agreements and employees of the School
Committee.
B.
Determining classifications. In allocating classes of positions to
appropriate classification levels, the Personnel Board shall utilize
an objective job skills assessment system to address the complexity
and level of responsibility of each class of positions. The Personnel
Board shall consult with the Personnel Administrator to determine
a final classification.
C.
Classification review. The Personnel Board shall review all positions
in each classification at a minimum of every five years. At any given
time the Personnel Administrator may request, in writing, that a specific
position or class be reviewed for applicability to current job conditions
and situations. To the extent possible, the Personnel Board shall
act on those requests within one month from the date of the written
request.
D.
Creating a new position/changing the classification of an existing
position.
(1)
To create a new position or to change the classification of an existing
position, the Personnel Administrator must submit documentation to
the Personnel Board and receive approval from the Board, prior to
hiring or substantially changing the duties of any employee.
(2)
Upon determination by the Personnel Board, in consultation with the
Personnel Administrator, the new or changed position may be added
to the Classification Plan at any time, and ratified by a vote of
the Town at the next Annual Town Meeting.
(3)
No position shall be classified, and no class shall be assigned a
different compensation grade, until the Personnel Board has determined
such reclassification or such reassignment to be consistent with the
Classification and Compensation Plan.
E.
Titles of positions. The titles of all positions on the Classification
Plan shall be the official title of each incumbent position and shall
be used to the exclusion of all other titles on payrolls, budget estimates,
job descriptions, and other official records and reports of the Town.
A.
The Compensation Plan shall consist of:
|
Schedule A
|
Classification of Nonunion Positions by Official Title and Grade
within the Classification Plan
|
|
Schedule C
|
Annual Salary for (regularly scheduled 35 hours) Managerial,
Administrative, Professional Positions
|
|
Schedule D
|
Annual Salary for Exempt (regularly scheduled 40 hours) Managerial
and Superintendency Positions
|
|
Schedule E
|
A fixed salary voted at the Annual Town Meeting (positions to
be determined)
|
|
Schedule F
|
Hourly Rates for more than 10 hours to less than 20 hours Part-Time
Positions
|
|
Schedule G
|
Hourly Rates for 10 or fewer hours per week; Occasional, Seasonal,
or On-call Positions
|
B.
The salary/hourly wage range of a class shall be the salary/hourly
range for every position in that class.
C.
Except for the special authorization given the Personnel Board under Subsection F(3), the hiring rate of a new employee shall be the Step 1 salary/hourly wage rate for the position being filled.
D.
No department head shall fix the salary of any employee in a classification
position except in accordance with the Compensation Plan.
E.
No person shall be appointed, employed or paid as an employee of the Town in any position subject to the provisions of the Classification Plan under any title other than those appearing in § 61-7, Schedule A, or those positions created by the Personnel Board in accordance with the duties and responsibilities in § 61-4B(7) of this bylaw.
F.
An employee in continuous full-time or part-time (more than 10 hours
to less than 20 hours) employment shall receive the increment between
his/her present rate and the next higher step rate as follows:
(1)
The eligibility date for a step increase shall be established on
the first pay period following 12 months after the date of hire and
annually on the first pay period after the anniversary date of hire
in each subsequent year until the maximum step in the pay range is
reached.
(2)
Step increases to the next higher step are dependent upon a satisfactory
performance evaluation by the department head and the approval of
the Personnel Administrator. An employee denied a step increase may
appeal the decision to the Personnel Board.
(3)
Step increases beyond the next sequential step in the compensation
schedule require the approval of the Personnel Board in consultation
with the Personnel Administrator.
G.
Schedule G employees in continuous employment shall qualify for step
increases if the following conditions are met:
(1)
If an employee has fulfilled the lesser of the terms of his/her seasonal
agreement, 52 weeks in an active pay status, or has continuously been
available for on-call work for at least 48 weeks annually.
H.
An employee receiving a promotion to a vacant position or to a new position (as defined in § 61-3, Definitions) shall, upon assignment resulting from such promotion, receive the minimum rate of that position. If the employee's existing rate is higher than the minimum rate of the new or vacant position he/she shall advance to the next step above his/her present rate. An employee may, for good cause shown, receive an increase of one or more steps at the time of promotion or reclassification upon a recommendation (including supporting documentation) from the Personnel Administrator, subject to the approval of the Personnel Board.
I.
If an employee is transferred to a lower-rated position for any reason,
he/she shall enter it at a step rate in the new classification determined
by the Personnel Board in consultation with the Personnel Administrator.
J.
Department heads shall include in their estimates for their annual
budget proposals, as required by MGL c. 41, § 2, a pay adjustment
section setting forth in detail the amounts which will be required
for anticipated pay adjustments during the ensuing year and will furnish
a copy of it to the Personnel Board.
K.
The adjustments provided for in this section shall be subject to
the availability of appropriated funds.
The following schedules constitute the Classification and Compensation Plan of the Town Avon as defined in § 61-3 of this bylaw:
|
Schedule A
|
Classification of Non-Union Positions by Official Title and
Grade within the Classification Plan
|
|
Schedule B
|
Unassigned
|
|
Schedule C
|
Annual Salaried Positions (regularly scheduled 35 hours full-time)
|
|
Schedule D
|
Annual Salary Positions (regularly scheduled 40 hours full-time),
Exempt
|
|
Schedule E
|
Casual Positions - hours necessary to complete work assignments
|
|
Schedule F
|
Hourly Wage Positions - more than 10 hours to less than 20 hours
|
|
Schedule G
|
Hourly Wage positions - 10 hours or fewer, occasional on-call,
seasonal (up to 35 hours per week for 16 weeks)
|
|
Schedule H
|
Longevity Pay
|
A.
Schedule A: Classification of Non-Union Positions by Official Title
and Grade within the Classification Plan.
|
Position Title
|
Compensation Grade
|
|---|---|
|
Librarian
|
D4 exempt
|
|
Superintendent - Department of Public Works
|
D8 exempt
|
|
Town Accountant
|
C12
|
|
Executive Secretary
|
— exempt
|
|
Administrative Assistant
|
C8 nonexempt
|
|
Clerical, Secretary Group
| |
|
Senior Circulation Assistant
|
F7
|
|
Circulation Assistant
|
F6
|
|
Library Shelver
|
F5
|
|
Advanced Secretary (boards, committees, commissions)
|
F7
|
|
Basic Secretary (boards, committees, commissions)
|
F6
|
|
Clerk/Typist (boards, committees, commissions)
|
F5
|
|
Data Base Technician Analyst - Department of Public Works
|
F9
|
|
Labor, Custodial Group
| |
|
Senior Custodian
|
F8
|
|
Custodian
|
F7
|
|
Groundskeeper
|
F8
|
|
Bus Driver - COA
|
F5
|
|
Cook - COA
|
F7
|
|
Assistant Cook - COA
|
F6
|
|
Public Safety Group
| |
|
Police Dispatcher - part-time, nonunion
|
F9
|
|
Occasional, Seasonal, On-Call Group
| |
|
Director - Summer Park/Recreation Program
|
G10
|
|
Assistant Director - Summer Park/Recreation Program
|
G8
|
|
Counselor - Summer Park/Recreation Program
|
G7
|
|
On-Call Clerk - COA
|
G9
|
|
Compost Site Attendant
|
G7
|
|
Seasonal Park/Recreation Groundskeeper
|
G11
|
|
Casual Group
|
To be determined
|
B.
(Reserved)
C.
Schedule C: Annual Salary.
Regularly Scheduled 35 Hours - Administrative, Managerial, Professional
Raise Factors: 1.09
|
Class
|
Step 1
|
Step 2
|
Step 3
|
Step 4
|
Step 5
|
Step 6
|
Step 7
|
|---|---|---|---|---|---|---|---|
|
C3
|
21,404.85
|
21,894.79
|
22,409.11
|
22,922.14
|
23,436.45
|
23,950.76
|
24,465.06
|
|
C4
|
23,117.09
|
23,810.96
|
24,525.35
|
25,261.11
|
26,018.27
|
26,775.41
|
27,532.56
|
|
C5
|
24,965.27
|
25,714.30
|
26,485.72
|
27,280.32
|
28,098.72
|
28,917.12
|
29,735.52
|
|
C6
|
26,962.24
|
27,771.54
|
28,603.93
|
29,462.05
|
30,345.91
|
31,229.78
|
32,113.64
|
|
C7
|
29,118.24
|
29,991.67
|
30,891.43
|
31,818.06
|
32,772.60
|
33,727.14
|
34,681.68
|
|
C8
|
31,447.39
|
32,391.37
|
33,362.28
|
34,363.96
|
35,393.87
|
36,423.77
|
37,453.66
|
|
C9
|
33,962.52
|
34,980.88
|
36,031.31
|
37,111.23
|
38,224.57
|
39,337.90
|
40,451.24
|
|
C10
|
36,679.01
|
37,779.45
|
38,913.25
|
40,080.65
|
41,282.16
|
42,483.67
|
43,685.17
|
|
C11
|
39,613.53
|
40,802.48
|
42,026.55
|
43,286.82
|
44,584.78
|
45,882.74
|
47,180.70
|
|
C12
|
42,980.29
|
44,698.93
|
46,040.50
|
47,421.72
|
48,844.37
|
50,267.01
|
51,689.64
|
|
C13
|
46,205.96
|
47,592.42
|
49,020.19
|
50,491.03
|
52,005.76
|
53,520.48
|
55,035.20
|
|
C14
|
49,902.33
|
51,399.09
|
52,942.03
|
54,530.29
|
56,165.13
|
57,799.98
|
59,434.82
|
|
C15
|
53,894.98
|
55,512.30
|
57,177.67
|
58,891.88
|
60,658.64
|
62,425.40
|
64,192.16
|
|
C16
|
58,206.99
|
59,952.57
|
61,752.02
|
63,604.57
|
65,512.72
|
67,420.86
|
69,329.00
|
D.
Schedule D: Annual Salary.
Regularly Scheduled 40 Hours Exempt - Managerial, Superintendency
|
Class
|
Step 1
|
Step 2
|
Step 3
|
Step 4
|
Step 5
|
Step 6
|
Step 7
|
|---|---|---|---|---|---|---|---|
|
D2
|
37,374.16
|
38,495.39
|
39,650.24
|
40,839.76
|
42,064.95
|
43,290.15
|
44,515.34
|
|
D3
|
40,365.12
|
41,576.07
|
42,823.35
|
44,108.05
|
45,431.29
|
46,754.53
|
48,077.75
|
|
D4
|
43,593.36
|
44,901.16
|
46,248.19
|
47,635.64
|
49,064.71
|
50,493.78
|
51,922.85
|
|
D5
|
47,080.67
|
48,493.09
|
49,947.88
|
51,446.32
|
52,989.71
|
54,533.08
|
56,076.46
|
|
D6
|
50,847.59
|
52,373.01
|
53,944.20
|
55,562.53
|
57,229.41
|
58,896.28
|
60,563.14
|
|
D7
|
54,914.62
|
56,562.06
|
58,258.92
|
60,006.70
|
61,806.89
|
63,607.08
|
65,407.26
|
|
D8
|
59,308.72
|
61,087.98
|
62,920.62
|
64,808.24
|
66,752.48
|
68,696.72
|
70,640.95
|
|
D9
|
64,051.67
|
65,973.22
|
67,952.42
|
69,990.99
|
72,090.72
|
74,190.45
|
76,290.17
|
|
D10
|
69,176.83
|
71,252.13
|
73,389.69
|
75,591.39
|
77,859.14
|
80,126.88
|
82,394.63
|
|
D11
|
74,711.13
|
76,952.47
|
79,261.04
|
81,638.86
|
84,088.03
|
86,537.19
|
88,986.35
|
|
D12
|
80,687.92
|
83,108.55
|
85,601.81
|
88,169.86
|
90,814.96
|
93,460.06
|
96,105.15
|
|
D13
|
87,143.10
|
89,757.40
|
92,450.12
|
95,223.62
|
98,080.33
|
100,937.04
|
103,793.75
|
E.
(Reserved)
F.
Schedule F: Hourly Rate.
More than 10 hours to less 20 hours per week
|
Class
|
Step 1
|
Step 2
|
Step 3
|
Step 4
|
Step 5
|
Step 6
|
Step 7
|
|---|---|---|---|---|---|---|---|
|
F2
|
9.44
|
9.56
|
9.71
|
9.84
|
9.97
|
10.10
|
10.22
|
|
F3
|
10.11
|
10.24
|
10.40
|
10.55
|
10.68
|
10.81
|
10.93
|
|
F4
|
10.93
|
11.08
|
11.24
|
11.41
|
11.56
|
11.70
|
11.83
|
|
F5
|
11.84
|
12.02
|
12.22
|
12.39
|
12.59
|
12.79
|
12.98
|
|
F6
|
12.51
|
12.74
|
12.94
|
13.16
|
13.36
|
13.56
|
13.76
|
|
F7
|
13.87
|
14.18
|
14.51
|
14.83
|
15.13
|
15.42
|
15.71
|
|
F8
|
14.82
|
15.15
|
15.52
|
15.88
|
16.25
|
16.62
|
16.99
|
|
F9
|
15.49
|
15.95
|
16.41
|
16.87
|
17.35
|
17.81
|
18.27
|
|
F10
|
16.98
|
17.51
|
18.03
|
18.55
|
19.09
|
19.62
|
20.14
|
|
F11
|
18.49
|
19.01
|
19.55
|
20.09
|
20.61
|
21.12
|
21.64
|
G.
Schedule G: Hourly Rate.
Ten or fewer hours per week, occasional, on-call or seasonal.
|
Class
|
Step 1
|
Step 2
|
Step 3
|
Step 4
|
Step 5
|
Step 6
|
Step 7
|
|---|---|---|---|---|---|---|---|
|
G7
|
8.98
|
9.43
|
9.69
|
9.81
|
9.94
|
10.06
|
10.18
|
|
G8
|
10.26
|
10.71
|
10.97
|
11.09
|
11.22
|
11.34
|
11.45
|
|
G9
|
11.54
|
11.99
|
12.25
|
12.38
|
12.50
|
12.62
|
12.74
|
|
G10
|
12.83
|
13.27
|
13.54
|
13.66
|
13.78
|
13.91
|
14.03
|
|
G11
|
14.11
|
14.56
|
14.82
|
14.94
|
15.07
|
15.18
|
15.29
|
|
G12
|
15.39
|
15.84
|
16.10
|
16.23
|
16.35
|
16.47
|
16.59
|
H.
Schedule H: Longevity Pay. Full-time employees shall receive longevity
pay according to the following schedule:
|
Years of Full-Time Service Completed
|
Amount per Year
|
|---|---|
|
5 years of service
|
$300
|
|
10 years of service
|
$500
|
|
15 years of service
|
$700
|
|
20 years of service
|
$900
|
|
25 years of service
|
$1,000
|
(1)
Any break in employment for any reason, other than for military service,
of less than one year shall not cause loss of longevity earned to
date; however, any time not actually worked in Town service shall
not be credited toward longevity totals.
(2)
Longevity pay to which an employee is entitled shall be paid in a
lump sum by means of a check separate from his/her regular compensation
in the first pay period next following the date he/she completes the
number of years of service and shall continue to be paid each year
thereafter on the anniversary of such pay period.
All employees must complete a ninety-day probationary period
successfully, as determined by the department head and approved by
the Personnel Administrator, to be considered suitable for retention.
A.
The work week for each position shall be as follows:
|
Schedule
|
Description
|
Hours in Work Week
|
|---|---|---|
|
Schedule C
|
Exempt full time employees
|
Regularly scheduled 35 hours
|
|
Schedule D
|
Exempt full time employees
|
Regularly 40 hours exempt
|
|
Schedule E
|
Casual Employees
|
Hours necessary to complete work assignments
|
|
Schedule F
|
Part-time employees
|
More than 10 hours to less than 20 hours per week
|
|
Schedule G
|
10 or fewer hours per week regularly scheduled employees
| |
|
Seasonal employees
|
Up to 35 hours per week for a maximum of 16 consecutive weeks
| |
|
Occasional
|
As determined by the supervisor
| |
|
On call
|
As determined by the supervisor
|
B.
Hours worked do not include lunch periods.
C.
Nonexempt employees working more than a six-hour shift must be allowed
to take a thirty-minute unpaid meal break (the Massachusetts Meal
Break Law).
D.
An employee may work through his/her meal period with the approval
of the department head, and only in those circumstances where the
department head deems it to be in the best interest of the Town.
E.
An employee shall not be required to work through his/her meal period.
F.
If an employee works through a meal break, the employee may choose
to have compensatory time off or be paid for the time worked. If the
employee chooses compensatory time, the time off must be approved
in advance by the department head at the convenience of the Town.
A.
Overtime shall be required only when necessary operations cannot
be performed by on-duty employees during their regular work week.
The overtime work must be preapproved by the immediate supervisor.
B.
Full-time nonexempt employees shall be paid overtime at a rate of
1 1/2 times their regular compensation rate for any hours worked
in excess of 40 hours in a work week.
C.
All employees shall be required to work overtime as deemed necessary
by the department head.
A.
All full-time employees shall be entitled to the following 12 paid
holidays when the holiday falls within the regular work week:
|
New Year's Day
|
Labor Day
|
|
Martin Luther King, Jr. Day
|
Columbus Day
|
|
Presidents Day
|
Veterans Day
|
|
Patriot's Day
|
Thanksgiving Day
|
|
Memorial Day
|
Christmas Eve
|
|
Independence Day
|
Christmas Day
|
B.
Payment under provisions of this section shall be made to an employee
as follows:
(1)
If paid on an hourly basis, an employee shall receive one day's pay
at his/her regular rate based on the number of hours regularly worked
on the day on which the designated holiday occurs.
(2)
If an exempt employee is paid on an annual basis, the employee shall
be granted each designated holiday without loss of pay.
C.
Employees required to work on holidays.
(1)
A nonexempt full-time employee who shall be required by his/her department head to work on any said holiday shall receive, in addition to his/her regular holiday pay for which he/she is entitled under Subsection A, an additional 1 1/2 times his/her regular hourly rate for each hour worked, not to exceed the number of hours in his regular daily work schedule or, at the request of the employee, he/she may be granted compensatory time off within seven days at the convenience of the department in lieu of overtime pay.
(2)
An exempt employee required to work on any said holiday shall be
entitled to compensatory time off within seven days, at the convenience
of the department.
D.
A part-time employee who shall be required to perform work on any holiday under Subsection A shall be entitled to 1 1/2 times his/her regular hourly rate of pay.
E.
If a designated holiday occurs while an employee is on vacation leave,
no charge for the holiday shall be made against the vacation leave.
A.
Vacation leave shall be granted from July 1 to June 30.
B.
Full-time employees shall be granted vacation leave as follows:
|
Years of Service
|
Vacation Leave
|
|---|---|
|
Less than 1 year
|
1 day for every 5 weeks worked
|
|
1 year or more, less than 5 years
|
10 days
|
|
5 years or more, less than 10 years
|
15 days
|
|
10 years or more, less than 15 years
|
25 days
|
|
15 years or more
|
30 days
|
C.
Absence due to sickness may be charged to vacation leave at the employee's
request with the approval of the department head.
D.
If a designated holiday under § 61-11A occurs while an employee is on vacation leave and the employee is eligible for holiday pay, no charge for the holiday shall be made against the vacation leave.
E.
No paid vacation shall be taken during an employee's ninety-day probationary
period.
F.
Vacation leave shall be granted to an employee, provided the request
shall not cause a work disruption to the Town. All vacation leave
shall be subject to the approval of the department head.
G.
Vacation days shall not be granted in less than one-day increments
unless approved by the department head.
H.
Vacation leave must be used in the fiscal year in which it is granted.
I.
Whenever the employment of a full-time nonunion employee is terminated
during the year by dismissal, by resignation, by retirement or death,
the employee or his/her estate shall be paid at the regular rate of
compensation, payable at the termination of employment, an amount
in lieu of earned but unused vacation.
A.
A full-time employee in continuous employment who has completed 26
weeks of service from the date of his/her hire shall be granted sick
leave in accordance with the provisions of this section when the employee:
B.
A full-time employee shall accrue sick leave at the rate of 1 1/4
days for each full month the employee is on the payroll in good standing,
up to a total of 15 days per employment year. Leave may be accumulated
from one employment year to the next.
C.
For absenteeism greater than five working days, a certificate from a health care provider (as defined by FMLA 1993; § 61-17 of this bylaw) must be furnished to the Personnel Administrator.
D.
The department head shall be authorized to approve or disapprove
requests for sick leave. An employee who is absent from duty on account
of sickness or injury shall notify the department head before or at
the beginning of his/her scheduled work day. Approved sick leave must
be reported by the department head to the Personnel Administrator
on forms provided by the Town.
E.
In those cases where an employee's sick leave is not approved by
the department head, his/her absence shall be considered to be unauthorized.
F.
Any employee who is unable to work because of an occupational injury,
which is incurred in the course of his employment by the Town and
which is compensable under the provisions of the Massachusetts Worker's
Compensation Act, MGL c. 152, shall, upon his written request to the
Personnel Administrator, receive as a charge against his accrued sick
leave the difference between his current salary and the amount he
receives as worker's compensation.
G.
Notwithstanding any provision of this bylaw, the Family and Medical
Leave Act of 1993 shall be followed in accordance with its provisions.
H.
Whenever the employment of a full-time nonunion employee is terminated
during the year by retirement or death, the employee or his/her estate
shall receive 35% of the amount of pay at the rate of compensation
which he/she is receiving at the time of his/her retirement or death
for unused sick leave up to 240 days' accumulation.
A full-time employee may be granted, with the approval of the
department head, up to four days' leave immediately following the
death of a person in his or her immediate family without loss of pay.
"Immediate family" is defined as the employee's spouse, parent, child,
sibling, grandparent, brother-in-law, sister-in-law, daughter-in-law,
son-in-law, mother-in-law, father-in-law, grandparent of spouse, and/or
a person in the employee's household.
A.
Jury duty. Any full-time employee summoned to jury duty shall be
excused from his or her work for the period necessary to perform jury
duty.
(1)
If the jury fee, exclusive of travel allowances, received by the
employee for jury duty shall be less than the regular pay received
by him/her from the Town, the difference between the jury fees and
the employee's regular pay shall be paid to the employee by the Town.
However, as a condition for receiving such payment, the employee agrees
that if discharged from jury duty for a reasonable portion of his/her
regular work hours, the employee shall report to his/her supervisor
for such work as may be assigned.
(2)
An employee who desires the benefit of this section shall be required
to present weekly to the department head or to the Personnel Administrator
a certificate by the court verifying the time spent by the employee
in jury duty during the week.
(3)
Any part-time employee summoned to jury duty shall be subject to Subsection A(1) and (2) above as long as the employment hours of a juror reasonably may be determined, by a schedule established during the three-month period preceding the term of service of the juror, to be the same hours as jury duty. If the hours of employment and/or jury duty do not coincide, Subsection A(1) and (2) above do not apply.
B.
Court time. Any employee who shall be required to attend proceedings
in court as a litigant, or as a witness, other than as part of his/her
regular employment with the Town, shall do so in an unpaid status.
A.
It shall be the employee's responsibility to notify his/her department
head of the dates he/she is leaving for military service and to provide
written proof from military or selective service officials to the
department head indicating the date of departure and length of service
required. A copy of such proof shall be filed with the Town's Personnel
Administrator.
B.
An hourly employee in the Military Reserve or National Guard shall
be paid the difference between total compensation received while on
Reserve or Guard duty and the regular compensation rate paid the employee
by the Town, not to exceed 17 work days in any given twelve-month
period.
C.
Salaried employees shall receive their regular pay up to 17 days
per fiscal year, during Military Reserve or National Guard service.
Employees who enter the Armed Forces of the United States or who are
activated in the Military Reserve or the National Guard shall be granted
a leave of absence during service in the Armed Forces, not to exceed
90 days beyond discharge from military service.
A.
Family and Medical Leave Act (FMLA). The Federal Government requires
that the Town provide leave to eligible employees under the Family
and Medical Leave Act of 1993.
(1)
Employees who are eligible for the family and medical leave shall
have worked for the Town for a total of 12 months and shall have worked
at least 1,250 hours over the previous 12 months.
(2)
An eligible employee may take up to 12 work weeks of unpaid leave
during any twelve-month period for one or more of the following reasons:
(a)
Parental leave: the birth of a son or daughter and the care
of the newborn child of an employee;
(b)
Adoptive leave: the placement with the employee of a son or
daughter for adoption or foster care;
(c)
To care for an immediate family member (spouse, child, or parent)
with a serious health condition; or
(d)
To take medical leave when the employee is unable to work because
of a serious health condition.
(3)
Timing of twelve-month leave period. The twelve-month period used
for determining an employee's 12 weeks of leave entitlement shall
be a "rolling" twelve-month period measured backward from the date
the employee begins the use of the leave.
(4)
In accordance with the FMLA, the employer may designate any qualifying
leave as FMLA leave. An eligible employee may elect or an employer
may require that an employee substitute any of the employee's accrued
paid vacation, floating holiday or sick leave for any of the leave
provided under this Act. However, an employer is not required to provide
paid sick leave in any situation in which the employer would not normally
provide such leave.
(5)
All requirements of the Family and Medical Leave Act of 1993 shall
be considered included in this bylaw.
B.
The Small Necessities Leave Act of 1998 (SNLA), MGL c. 149, § 52D.
This leave is in addition to any leave an employee may be entitled
to under the FMLA.
(1)
This act provides up to 24 hours of unpaid leave during any twelve-month
period to an eligible employee for the purpose of:
(a)
Participating in school activities directly related to the educational
advancement of the employee's child, such as parent-teacher conferences
or interviewing for a new school;
(b)
Accompanying the employee's child to routine medical or dental
appointments, such as check-ups or vaccinations; and
(c)
Accompanying an elderly relative of the employee to routine
medical or dental appointments and appointments for other professional
services related to the elder's care, such as interviewing at nursing
or group homes.
(3)
Timing of twelve-month leave period. The twelve-month period used
for determining an employee's 24 hours of leave entitlement shall
be a "rolling" twelve-month period measured backward from the date
the employee begins the use of the leave.
(4)
The following limits shall apply to the leave granted under this
section:
(a)
An employee is required to provide his/her employer with at
least seven days' notice when the need for leave is foreseeable. If
the need for leave is not foreseeable, the employee is required to
provide the employer with such notice as is practicable under the
circumstances.
(b)
An eligible employee may elect or an employer may require that
an employee substitute any of the employee's accrued paid vacation,
floating holiday or sick leave for any of the leave provided under
this Act. However, an employer is not required to provide paid sick
leave in any situation in which the employer would not normally provide
such leave.
(c)
An employee may take leave under this Act on an intermittent
or reduced-leave basis.
(5)
All requirements of the Small Necessities Leave Act shall be considered
to be included in this bylaw.
C.
Paid personal leave.
(1)
A full-time employee shall be granted three paid personal days on
the first pay period of the fiscal year.
(2)
Personal leave must be used in the fiscal year in which it is granted.
No personal leave may be carried over from one fiscal year to the
next.
(3)
An employee must request personal leave in advance and must be approved
by the department head in conjunction with the Personnel Administrator
at the convenience of the Town.
(4)
In the event of an employee's termination during the year by dismissal,
by resignation, by retirement or death, any unused personal leave
shall be forfeited.
D.
Leave of absence.
(1)
An employee may request a leave of absence for personal reasons that
may be charged to his/her vacation leave upon written request to the
department head and with the approval of the Personnel Administrator.
Such absences, however, may not be charged to vacation beyond that
which the employee has earned at the time of application.
(2)
Except as otherwise provided for in this bylaw, all leaves of absence
shall be without compensation.
(3)
An employee's request for a leave of absence must be approved by
the Personnel Administrator.
A.
Those employees in the positions listed in Subsection A(1) shall be given a conditional offer of employment pending the results of a pre-employment physical. No employee in Subsection A(1) shall be appointed until the pre-employment physical examination is conducted. The Personnel Administrator will receive notice from the designated physician regarding the candidate's ability to perform the essential functions of the position. If a potential employee is deemed not qualified as a result of the pre-employment physical, he/she will be notified in writing.
(1)
The following employees filling the positions listed below must have
a pre-employment physical: COA cook, COA assistant cook, COA bus driver,
Water Superintendent, Highway Superintendent, Senior Custodian, Custodian,
Groundskeeper, Seasonal Groundskeeper, Compost Site Attendant, Park
and Recreation Director, Assistant Director and Counselors.
B.
Any physical examination required by the Town shall be paid for by
the Town.
A.
The Classification Plan, the Compensation Plan and/or other provisions
of the personnel bylaws shall be amended by vote of the Town only
at the Annual Town Meeting.
B.
Such proposed amendments, other than those originating with the Board,
shall not be voted on at an Annual Town Meeting until they have been
presented by signed petition to and acted upon by the Personnel Board.
(1)
Such proposed amendments must be submitted to the Personnel Board
at least 75 calendar days prior to the closing of the Annual Town
Meeting warrant.
(2)
Upon receipt of such petition, the Board shall hold a hearing at
a regularly or specially scheduled Personnel Board meeting within
30 days for the interested parties to consider the proposed amendment.
The Board shall notify the petitioner at least 10 days prior to the
meeting.
(3)
If the Personnel Board shall fail to act on an amendment so presented
within 30 days after the hearing thereon, the Board shall be deemed
to have disapproved the amendment. The petitioner may then submit
the petition to the Select Board for inclusion in the Annual Town
Meeting warrant.
[Amended 1-28-2023 STM by Art. 9]
C.
The Board shall report its recommendations on any proposed amendment
to the Select Board and the Finance Committee, and make its recommendations
with regard to any amendment at the Annual Town Meeting at which the
amendment is to be considered.
[Amended 1-28-2023 STM by Art. 9]
D.
Pursuant to MGL c. 41, § 108A, amendments to the Compensation
Plan require a public hearing held not less than two weeks nor more
than two months after public notice as defined in MGL c. 41, § 108A
prior to the Annual Town Meeting. The publication of any proposed
amendment in the Town warrant for the Annual Town Meeting shall be
deemed to satisfy the requirement of a public hearing as stated in
this subsection.
The invalidity of any section of this bylaw shall not invalidate
any other section or provision thereof.
