[HISTORY: Adopted as Art. 14 of the 1977 compilation; amended
in its entirety 5-4-1987 ATM,
Art. 25; amended in its entirety 5-5-2007 ATM, Art 17; amended 5-2-2009 ATM, Art. 15, amended 5-3-2010 ATM Art. 12; amended 5-2-2011 ATM, Art. 12; amended 5-7-2012 ATM, Art. 14; amended 11-14-2012, Art. 3; amended 5-5-2014 ATM, Art. 24; amended 5-4-2015, Art. 10; amended 5-2-2016, Art. 9. Subsequent amendments noted where applicable.]
Pursuant to the authority contained in Article LXXXIX of the Constitution of the Commonwealth and Sections 108A and 108C of Chapter 41 of the General Laws, the Town of Littleton establishes plans, which may be amended from time to time by vote of the Town at Town Meeting:
a.
Authorizing a Classification Plan classifying positions in the service
of the Town, other than those filled by popular election, those under
the jurisdiction of the School Committee, those covered by collective
bargaining agreements with the Town, and those with individual contracts
with the Town, into groups and classes doing substantially similar
work or having substantially equal responsibilities;
b.
Authorizing a Compensation Plan for positions in the Classification
Plan:
c.
Providing for the administration of said Classification and Compensation
Plans;
d.
Establishing certain working conditions and fringe benefits for employees
occupying positions in the Classification Plan.
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The Classification Plan and/or Compensation Plan and/or other
provisions of this By-Law may be amended by vote of the Town at either
an Annual or Special Town Meeting. No amendment shall be considered
or voted on by Town Meeting unless the Personnel Board has first considered
the proposed amendment.
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The Personnel Board, of its own motion, may propose an amendment
to the plans or other provisions of this By-Law.
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The Personnel Board shall report at least annually its recommendations
on any proposed amendment to the Select Board. The Personnel Board
shall make its recommendations with regard to any amendment at the
Town Meeting at which such amendment is considered.
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THE PERSONNEL BOARD
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e.
Notwithstanding
the authority described above to establish and amend the Plans identified
in § 33-1a., b., c. and d. of this Bylaw, the Personnel
Board may, by a majority vote, add or change a position or grade to
the position listings at the bottom of Schedules A, B, B-1, C, C-1
and D.
[Added 6-13-2020 ATM by Art. 19]
The Town establishes a Personnel Board which will report to
the Select Board on matters of personnel policies and practices which
affect the employees under the Classification Plan of the Town of
Littleton. The members of the Personnel Board shall review and make
recommendations to the Select Board, Town meeting or other Boards
or Committees on all current and proposed personnel policies and procedures,
compensation schedules and other matters, which directly affect the
non-union employees of the Town as stated within this bylaw.
The Personnel Board shall be made of the following: one member
of the Select Board, one member of the Finance Committee; two benefit
eligible employees, one of whom shall be a department head, two citizens,
one of whom should be a human resources professional; and the Town
Administrator.
The Town department head and employee at large shall be nominated
by their peers and the Personnel Board shall appoint those nominated
for a term of two years so arranged that the term of one shall expire
each year. All other appointments to the Personnel Board shall be
made by the Select Board for three-year overlapping terms so arranged
that the term of at least one member shall expire each year.
A.
The Personnel Board shall have a Chairperson who shall preside over
meetings, a Vice Chair who shall take over for the Chairperson in
that person's absence and a Clerk who shall be responsible for taking
minutes of meetings. The membership shall vote on these positions.
B.
The Personnel Board shall meet at least quarterly with minutes of
such meetings taken and forwarded to the Select Board and filed with
the Town Clerk.
A.
All employees shall have the right to request an appointment to confer
with the Personnel Board on any matter which is of interest or concern
to them and which is covered by the plan. The Personnel Board shall
meet as necessary or at least once annually with Appointing Authorities,
the Select Board and the Finance Committee.
B.
The Personnel Board shall meet annually with all Town employees.
C.
The Personnel Board shall post all meeting dates and times and these
will be public meetings.
D.
The Personnel Board shall provide sufficient copies of the Personnel
By-Law or a summarization thereof in the form of an employee handbook
to each department for distribution to each employee.
The Personnel Board shall have the authority to review, from
time to time or at least annually, the work of all positions subject
to the provisions of this By-law. The Personnel Board shall recommend
changes in said positions as well as adjustments to salaries as it
deems advisable, subject to appropriation of funds. Such reviews shall
be made at such intervals, as the Personnel Board deems necessary
and, to the extent that the Personnel Board considers practicable,
shall include all occupational groups in the Classification Plan.
The Personnel Board, after meeting with the appropriate Appointing
Authority, shall have the authority to adjust individual employee
classifications and wages within the context of the By-Law whenever
inequities exist.
On or before January 1st of each year, the Personnel Board shall
meet with the Select Board to discuss any changes in the Compensation
Plan for the forthcoming year as well as any matters related to the
Classification or Compensation Plans, which said Board, deems appropriate
to be considered by the Town. The Personnel Board in conjunction with
Appointing Authorities and the Town Administrator shall develop, maintain,
and modify from time to time written personnel policies not inconsistent
with the By-Law.
This chapter shall apply to all Town of Littleton departments
and to all positions of all employees in the service of the Town,
whether benefit eligible, non-benefit eligible or seasonal, other
than the School Department, Light and Water Departments, and other
than those positions which are covered by separate agreement between
any association of employees and the Town or any individual employee
and the Town and developed through collective bargaining, except that
all provisions of this chapter shall be applicable in so far as any
collective bargaining agreement may refer to this chapter and to the
extent applicable by statue or in the absence of any other provision.
The Town adheres to the policy of employment-at-will, which
permits the Town or the employee to terminate the employment relationship
at any time. Unless otherwise informed by written contract, Town employees
are all employees-at-will.
The rights afforded herein shall be construed to be in addition
to those rights secured by state and federal laws and regulations.
The Town agrees that, in all personnel matters, it will continue its policy of not discriminating against any person on any legally recognized basis. See § 33-38.
As may be required, changes or additions to the Personnel By-law
may be made at Town Meeting when necessary.
Employees covered by this By-law will not be able to benefit
from other agreements that exist with the Town. Employees either benefit
from this By-law or by a contract [union or personal] with the Town,
not both.
As used in the By-law, the following terms shall have the meaning
indicated:
a.
ABSENCE — Any time an employee is not at work during a scheduled
work period.
b.
ADMINISTRATIVE AUTHORITY — The elected or appointed official
or board having jurisdiction over a function or activity.
c.
APPOINTING AUTHORITY — Any person(s), Board, Committee, Commission,
or Trustees who has the right to hire or discharge employees.
d.
BENEFIT ELIGIBLE EMPLOYEE — Any employee regularly working
at least 20 hours per week [see MGL c. 32B, § 2(d)] whose
position is listed on Schedule A or Schedule B of the Classification
and Compensation Plan.
e.
CLASSIFICATION PLAN — Ranking of all jobs specifications/titles
approved by the Personnel Board and appearing as Schedule A to these
By-Laws.
f.
COMPENSATION PLAN — Specified ranges of pay for each job classification
included in the Classification Plan, appearing as Schedule A through
D to these By-Laws.
g.
CONTINUOUS SERVICE — Length of employment with the Town of
Littleton of a full time or benefit eligible part time employee, uninterrupted
except for authorized military leave, vacation leave, sick leave,
court leave, disability, maternal/paternal leave, or any other authorized
leave of absence, if applicable and covered in the terms of this By-Law.
h.
DEPARTMENT — Any Board, Committee, Commission, Trustees or
functional unit (or sub-unit) of the Town.
i.
EMPLOYEE — Any person who is paid by the Town for services
rendered to the Town, excluding elected officials, persons with collective
bargaining agreements, individuals with contracts, independent contractors,
and persons under the direction of the School Committee.
j.
EXEMPT EMPLOYEE — As defined in the federal Fair Labor Standards
Act.
k.
GRADE — A ranking of the value of various jobs.
l.
JOB CLASSIFICATION — A particular job classification within
the Classification Plan.
m.
NON-BENEFIT ELIGIBLE EMPLOYEE — Any employee who works less
than 20 hours each week not eligible for benefits under MGL c. 32B.
n.
NON-EXEMPT EMPLOYEE — As defined in the federal Fair Labor
Standards Act.
o.
ON-CALL OR TEMPORARY EMPLOYEE — Any non-benefit eligible employee
whose duration of employment with the Town is on an on-call or temporary
basis.
p.
POSITION — Employment in Town service with duties and responsibilities.
q.
PROMOTION — For the purposes of this bylaw, all positions being filled, including promotions must follow the hiring process stated in § 33-9.
r.
RANGE — The minimum and maximum rates for a particular grade.
s.
RATE — A sum of money designated as compensation for personal
services on an hourly, daily, weekly, monthly, annual or other basis.
t.
SEASONAL EMPLOYEE — Any employee whose duration of employment
with the Town is of a seasonal or emergency nature, or specified limited
amount of time (not to exceed five continuous months).
u.
STEP RATE — A rate in a range of a grade.
v.
TOWN — The Town of Littleton, Massachusetts.
w.
WORKFORCE DEVELOPMENT — A strategic approach to ensure that
the necessary talent and skills will be available when needed and
that essential knowledge and abilities will be maintained.
x.
WORK WEEK — The Town of Littleton's work week is Thursday through
Wednesday.
The Town is committed to providing the highest levels of excellence
in the provision of all service. In order to sustain this level of
excellence, it is imperative that the department/employee retain the
highest levels of performance and adaptability in a changing work
environment. The Town should seek to employ and retain motivated and
competent employees. The foundation for this effort is the management
of the entire workforce through short and long term planning for competencies
and skills needed to carry out each Town position. This will be, in
part, accomplished through ongoing workforce development as a concerted
effort to development both existing and future employees from within
and outside the organization. Management should, when possible, identify
and develop employees with the potential to fill key leadership positions
throughout Town government. The Personnel Board and Town Administrator
shall serve as a resource for workforce development.
A.
Mandatory classification. No person shall be appointed, employed
or paid as a Town employee in any position under the Classification
Plan and Compensation Plan under any title other than that of the
class of which position is allocated.
B.
Employee categories. All positions subject to the provisions of the
Personnel By-law of the Town shall fall into one of the following
categories:
The filling of all open benefit eligible and non-benefit eligible
positions covered by this By-Law must follow the procedures detailed
in the Town's Hiring Policy and Procedures manual including, but not
limited to the following:
1.
A job description agreed to by both the Appointing Authority and
the Personnel Board shall be completed prior to the announcement of
the job opening.
2.
The hiring grade and step for the job opening shall be in accordance
with the Classification and Compensation Plan, or be developed with
and agreed to by the Personnel Board prior to the announcement of
the job opening.
3.
The Appointing Authority, in order to find the most qualified candidates,
shall determine if the job opening should be posted (a) internally
within the Town, or (b) internally and externally. Internal only openings
shall be posted for a minimum of one week and marked as "Internal
Town Candidates Only". Internal/External postings must be posted for
two weeks and, if appropriate, shall be advertised externally. All
postings shall be made on the Town Hall Bulletin Board.
The Personnel Board shall maintain written descriptions of the
jobs or positions in the Classification Plan. These descriptions shall
be written by the Appointing Authority and approved by the Personnel
Board. The descriptions shall include the grade, definitions describing
the essential nature of the work, distinguishing features of the work
and such illustrative examples of duties as may be deemed appropriate.
The Personnel Board may, upon the request of an Appointing Authority
or on their own initiative, along with the Appointing Authority's
input, amend such job descriptions.
The departments shall be required to retain copies of the current
job descriptions. They shall be responsible for drafting any revisions
and submitting them to the Personnel Board for approval.
The description of any position shall be construed solely as
a means of identification. It shall not limit the duties and responsibilities
of any position or modify, or in any way affect, the power of any
appointing Authority as otherwise existing, to assign duties to, or
to direct and control the work of any employee under the jurisdiction
of such authority.
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COMPENSATION/BENEFITS
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The Compensation Plan set forth in the By-Law, shall consist
of the minimum and maximum salaries by grade and step for the positions
in the Classification Plan. The Compensation Plan shall be reviewed
and updated periodically, voted at the annual Town meeting and be
incorporated into the budget process.
Any rate which is above the maximum for a job as established
by this plan shall be deemed to be a personal rate and apply only
to the incumbent. The employee's rate shall be held and not be increased
until such time at the employee's rate is consistent with the Compensation
Plan.
Step increases will be awarded on an annual basis on July 1st
provided the employee has completed at least one year of satisfactory
performance. When an employee reaches the top step of the grade they
will no longer be eligible for a step increase.
(Reserved)
The Personnel Board will annually consider and vote to adjust
the Classification and Compensation Schedule.
A.
When a current employee is hired to a position with a higher-rated
grade, he/she shall enter it at the step which provides an increase
in salary. He/she may also receive a one step rate increase at the
time if the Appointing Authority recommends that qualifications and
performance warrant it, and the Personnel Board approves.
B.
If the employee is transferred to a job at the same grade, he/she
shall remain at his/her current step.
C.
If the employee is transferred to a lower grade job, he/she shall
enter it at his/her own step or at the maximum step for the job, whichever
is lower, provided that the Personnel Board approves. The employee
shall have the right of appeal to the Personnel Board and to be heard
thereon.
D.
Employees who change positions as outlined in items A through C above may receive annual step increases in accordance with § 33-13, even though they have not completed a year of service in the new position, so long as they have completed a year of satisfactory service to the Town.
E.
No employee may be reclassified to a position in another grade either
higher or lower until the Personnel Board determines that such a re-classification
will be consistent with the provisions of the Classification Plan
and this by-law.
1.
The hiring rate shall be the minimum step for the grade of the job
for which the new employee is hired. An appointing authority may assign
a new employee, only for the purposes of pay, to a rate higher than
the minimum rate, up to Step 3 of the Grade in any case where the
employee's prior experience in the work warrants such action. Hiring
an employee at a rate above Step 3 requires the advanced approval
of the Personnel Board. The Personnel Board may investigate any request
for a higher salary step and confer with the Appointing Authority
relative to such employment.
2.
The appointing authority may negotiate benefits to permit competitive
hiring, subject to appropriation and the prior approval of the Personnel
Board.
Non-exempt employees begin to accrue overtime after they have
worked 40 hours in a work week. Overtime must be pre-approved by the
supervisor. The applicable budget must have funds available to cover
the overtime pay.
Compensatory time may be utilized, on an exception basis, as
an alternative to overtime pay, subject to the following restrictions.
If overtime is authorized by the supervisor, the choice to accrue
compensatory time in lieu of being paid overtime wages must be stated
by the employee. As with overtime wages, compensatory time is earned
at 1 1/2 hours for every hour worked. All compensatory hours
should be logged on the standard compensatory time sheet and attached
to the employee's regular time sheet each pay period. Employees should
use accrued compensatory time in a timely matter. The use of accrued
compensatory time must be pre-approved by the supervisor. In no case
should the compensatory time accrual balance be allowed to exceed
24 hours. Compensatory time cannot be rolled over to the new fiscal
year and therefore any accrued time must be paid out as overtime wages
prior to June 30th of each year. Any unused compensatory time at time
of separation of employment must be paid to the employee in their
final paycheck.
Exempt employees are not eligible for compensatory time.
Each Appointing Authority shall include in the annual budget
a pay adjustment section to provide funds for anticipated pay adjustments
(step increases) during the ensuing year, expenditures to be made
only in accordance with the plan with the approval of the Personnel
Board.
A.
Each benefit eligible employee covered by the provisions of the Town
of Littleton Personnel By-law shall receive a longevity payment, to
be paid in a lump sum as of July 1 of each year through regular payroll,
such payment to be based on the number of consecutive years of benefit
eligible employment by the Town as of July 1, in accordance with the
following:
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Lump Sum
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Years of Service
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Payment
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5-9 years
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$700
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10-14 years
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$750
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15-19 years
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$800
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20+ years
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$850
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B.
For purposes of this section, consecutive years of service shall
mean the length of an employee's uninterrupted service in years in
the employ of the Town of Littleton and in a position included within
the Town of Littleton Personnel By-law Classification Plan and Compensation
Plan in a benefit eligible position. Unpaid, approved leaves of absence
shall not be considered as breaks in said consecutive years of service;
however, only years, months and days spent on paid leaves of absence
shall be included in the computation of consecutive years of service.
A.
All benefit eligible employees shall receive one day at straight
time for the following 11 holidays:
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New Years Day
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Martin Luther King Day
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President's Day
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Patriot's Day
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Memorial Day
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Fourth of July
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Labor Day
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Columbus Day
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Veteran's Day
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Thanksgiving
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Christmas
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B.
If such holiday falls on a Saturday, the preceding Friday will be
observed as a holiday for those departments who are not staffed on
Saturday. If the holiday falls on a Sunday, the holiday will be observed
on the following Monday for those departments not open on a Sunday.
[Amended 5-7-2018 ATM,
Art. 11]
C.
If an employee is on vacation and a holiday falls within the vacation
time period, the employee will not be required to use a vacation day
for the holiday. If an employee is not scheduled to work the day the
department closes for the holiday, the employee will be entitled to
one floating holiday to be used during the same pay period, when possible,
but not later than 30 days from the holiday.
[Added 5-7-2018 ATM,
Art. 11]
Personal days provide a means for employees to secure limited
time off when such time is needed for important personal reasons.
All benefit eligible employees shall receive three paid personal days
on July 1st to use during the fiscal year.
A new employee hired after July 1st shall in that year receive
paid personal days as follows:
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Three personal days if hired prior to October 1st;
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Two personal days if hired prior to January 1st;
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One personal day if hired prior to April 1st.
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Personal days will be taken in half-day increments and cannot
be carried over into the next fiscal year or paid out upon termination.
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An employee's request for personal time must be approved by
the supervisor prior to use.
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A.
The vacation year is from July 1 through June 30 inclusive.
B.
All benefit eligible employees will accrue at a proportional rate
of vacation time. For each full calendar month of employment, employees
will be credited with vacation pay as outline below:
(1)
After one full month and up to five years of service, the employee
will accrue vacation days at a rate of 5/6 of a day per month, equaling
10 days per year from the date of employment.
(2)
After the 5th year of service and up to 10 years of service, the
employee will accrue vacation days at a rate of 1.25 days per month,
equaling 15 days per year.
(3)
After the 10th year and up to 20 years of service, the employee will
accrue vacation days at a rate of 1 2/3 days per month, equaling
20 days per year.
(4)
After the 20th year the employee will accrue vacation days at a rate
of 2.083 days per month, equaling 25 days per year.
C.
In the event of termination for any reason, the employee will be
paid for the full amount of vacation pay accrued to the date of termination.
If the employee has taken more vacation time than accrued at the time
of termination, the time not accrued shall be deducted from the final
paycheck.
D.
Vacation shall be taken at the convenience of the department. Every
effort will be made to arrange for the employee to have the vacation
time desired. However, all operations have to be covered at all times,
and the employees with the greatest length of service will have the
first choice of time.
E.
All benefit eligible employees who have left the service of the Town
voluntarily and who are re-employed, within two years, shall after
one year of service receive credit for prior employment service in
the calculation of the vacation benefit.
F.
The Town may offer vacation incentives in the recruitment and negotiation
with potential new employees. No such incentive shall be greater than
20 days of vacation. Appointing Authority may not offer vacation incentives
without prior approval of the Personnel Board. If granted, the employees
then fall into the schedule adopted in Section B above.
G.
Employees may carry over any unused vacation time into the next fiscal
year. In no case will the unused vacation time allowed to be carried
into the next fiscal year be more than five weeks.
Personal leave of absence not to exceed 12 weeks may be granted
by an Appointing Authority but shall be without compensation. A leave
of absence of over 12 weeks duration shall be considered a break in
employment and on return to work the employee shall have the status
of a new employee unless an extension of leave beyond 12 weeks has
been authorized by the Personnel Board in advance. Unless otherwise
stated, personnel leave of absences without pay shall be considered
inactive employment, where time spent on such leave does not count
as service (time worked) for purposes of seniority, vacation, sick
leave, longevity and other benefits. Those employees on an approved
leave of absence who are removed from payroll are responsible for
remitting their portion of the payment due for health and other insurance
premiums to the Treasurer's office within the requested time frame.
1.
Sick leave. Sick leave is available to benefit eligible employees,
limited to absences caused by illness, injury, exposure to contagious
disease, illness of a member of an employee's immediate family as
defined by FMLA guidelines or illness or disability arising out of
or caused by pregnancy or childbirth.
A.
Annual benefit. Subject to limitations in the personnel policies,
all benefit eligible non-union employees shall be awarded 15 days
of sick leave on July 1st of each fiscal year based on the number
of hours scheduled in a normal workweek as of July 1st of each year.
Part-time employees would receive a pro-rated number of hours based
on their normal work week. For example, a full-time forty-hour per
week employee would be awarded 120 sick hours at the beginning of
the fiscal year. A thirty-five-hour per week employee would be awarded
105 sick hours (15 days by seven hours per day). New employees, upon
completion of 30 days of continuous service for the Town, shall be
awarded a pro-rated amount based on an accrual of 1.25 days per month
rounded to 1/2 day increments for the remainder of the fiscal year
(i.e. a full- time employee completing their thirty-day period on
November 15th would be awarded 9.5 sick days - 7.5 months x 1.25 days
= 9.375 days rounded to 9.5 days by eight hours per day = 76 sick
hours). Part-time employees would receive a pro-rated number of hours
based on their normal work week.
B.
Employees shall be entitled to sick leave without loss of pay if
the employee has notified their supervisor, or designee, of the absence
and cause thereof within one hour of the start of the workday, or
as soon thereafter as practicable. Sick leave may be taken in hourly
increments.
C.
Extended absences. The Town may require employees absent from work
due to illness or injury for three or more consecutive working days,
to provide medical documentation concerning the nature, severity,
and duration of the illness or injury. All work related injuries that
exceed three days will also be covered by the Family and Medical Leave
Act. The Town may require an employee who seeks to return to work
after being absent, whether paid or unpaid, for five consecutive work
days or more, to be examined by a Town selected physician to determine
the employee's fitness for work. If the Town requires a medical certificate
from a Town selected physician, the Town will pay the cost of the
physician's services in examining the employee.
D.
If an employee has been warned of sick leave abuse, the Town, in
its exclusive discretion, may require medical documentation from an
employee's physician or a written certificate from a Town selected
physician establishing incapacity, illness or injury as a condition
of payment of sick leave benefits. The Town may initiate disciplinary
action for employees engaged in sick leave abuse. If an employee uses
sick leave for purposes other than legitimate illness or injury the
employee may, at the Town's discretion, be subject to discipline up
to and including discharge.
E.
Sick leave may not be carried into the next fiscal year and no payment
will be made for unused sick time upon termination of the employee
for any reason. However at the end of the fiscal year, unused sick
leave may be used to establish or replenish a Short Term Disability
leave bank. Employees using four or fewer sick leave days in the preceding
fiscal year shall be awarded, in return for two of the unused sick
leave days, two additional personal days as of July 1 of the new fiscal
year, for use in that year. New employees hired within the first six
months of the fiscal year (ending December 31st) and using four or
fewer sick leave days during that fiscal year, shall be awarded, in
return for two of the unused sick leave days, three STD bank days
to be added to the employee's STD bank as of July 1 of the new fiscal
year. New employees hired after December 31st of the fiscal year will
not be eligible for STD bank bonus days until the following fiscal
year.
2.
Short-term disability. Short Term Disability benefits are available
to eligible employees once they have completed one year of employment.
This section does not apply to those on approved Worker's Compensation
leave.
A.
Coverage period. Employees who experience a personal illness or injury
that causes a continuous and uninterrupted absence up to 26 weeks
will be considered for short term disability (STD) benefits upon the
31st calendar day of uninterrupted absence. Employees that qualify
for short-term disability benefits will be compensated beginning on
the 31st calendar day of absence, at 60% of weekly base pay, not to
exceed $1,000. The employee may augment their disability payment up
to 100% of their normal weekly wage by using the following; accrued
sick days, personal days accrued vacation days, and their Short-Term
Disability Bank (any order).
B.
Qualifications. An employee will qualify for short-term disability
benefits upon meeting the eligibility requirements specified in the
STD benefits document. The Town may engage a third-party administrator
whose decisions regarding the availability or applicability of this
benefit to a given individual or in a given situation shall not be
subject to appeal by employees. In the event the Town does not have
a third-party administrator, the Select Board will establish any benefit
requirements. This benefit may also be modified or eliminated by the
Select Board.
C.
While on disability, an employee will be required to report to the Department Head or Human Resources at least once per week to provide a status update as to their condition and approximate date of return to work. During a period of disability, the employee will not be awarded sick or personal time or continue to accrue vacation time but will continue to participate in other voluntary benefits such as health, life and dental insurances and flexible spending plans on the same basis as active employees as long as they continue to meet the provider's eligibility requirements. When returning from short term disability that has crossed fiscal years, an employee will immediately earn sick and personal time on a pro-rated basis similar to new employees as described in § 33-25, 1. A. The difference between the pro-rated sick time award and the normal amount that would have been awarded on July 1st will be added to the employee's short term disability leave bank.
D.
Employees shall not hold any type of employment during short term
disability. Disability benefits may be offset by payments from retirement,
social security, worker's compensation, or other disability coverage
(federal, state or county).
E.
The STD bank may be established and replenished with unused sick
time as stated in the sick leave policy, however at no time will the
STD bank be allowed to exceed 40 days.
No payment will be made for unused STD bank time upon termination
of the employee for any reason.
F.
The STD bank may be used during the 30 day waiting period to augment
wages only when all current fiscal year accrued sick days, personal
days and vacation days have been exhausted. The use of these STD days
is only allowed in the event of a qualified STD leave.
3.
Long-term disability. Benefit eligible employees are eligible for
long term disability benefits after completing one year of employment.
This section does not apply to those on approved Worker's Compensation
leave.
A.
Coverage period. Employees who experience a personal illness or injury
that causes a continuous and uninterrupted absence beyond 180 days
will be considered for long term disability. This benefit can provide
up to 60% of weekly base wage, not to exceed $5,000 per month. While
on disability, an employee will be required to report to their supervisor
at least once per week to provide a status update as to their condition
and approximate date of return to work. During a period of disability,
the employee will not continue to be awarded sick or personal time
or continue to accrue vacation time but will continue to participate
in other voluntary benefits such as health, life and dental insurances
and flexible spending plans on the same basis as active employees
as long as they continue to meet the provider's eligibility requirements
and employment has not been terminated.
B.
When returning from long term disability that has crossed fiscal years, an employee will immediately earn sick and personal time on a pro-rated basis similar to new employees as described in § 33-25, 1.A. The difference between the pro-rated sick time award and the normal amount that would have been awarded on July 1st will be added to the employee's short term disability leave bank.
C.
Wages will freeze at the current step while out on long term disability
leave. Disability benefits may be offset by payments from retirement,
social security, worker's compensation, or other disability coverage
(federal, state or county).
D.
Qualifications. An employee will qualify for long-term disability
benefits upon meeting the eligibility requirements of the LTD provider
who will be solely responsible for any disability determination or
decision. In the event the Town does not have a long-term disability
insurance policy in force, the Select Board will establish any benefit
requirements.
The Town is committed to complying with the Family and Medical
Leave Act (FMLA), as the same may be amended from time to time. Our
'Year' for purposes of leave requests is a twelve-month period measured
forward from the first FMLA usage. The Town requires the use of accrued,
available paid leave concurrently with FMLA leave.
Maternity Leave is available in accordance with the Family and
Medical Leave Act and/or the Massachusetts Maternity Leave Act, as
appropriate. When available, this leave is unpaid, unless the employee
has accrued paid leave time available, to be used concurrently.
See Maternity Leave above. The Town of Littleton will provide
leave under the Family and Medical Leave Act and/or the Massachusetts
Maternity Leave Act to all employees, regardless of gender, who otherwise
meet the requirements for leave under one or both of these Acts.
A benefit eligible employee who has been granted a military
leave of absence because the employee is a member of the Army National
Guard, the Air National Guard or a reserve component of the Armed
Forces of the United States called to active service in the armed
forces of the United States shall be entitled to receive pay at his
regular base salary as such an employee, and shall not lose any seniority
or any accrued vacation leave, sick leave, personal leave, compensation
time or earned overtime. An employee eligible under this section shall
be paid his regular base salary as such an employee for each pay period
of such military leave of absence, reduced by any amount received
from the United States as pay or allowance for military service performed
during the same pay period, excluding overtime pay, shift differential
pay, hazardous duty pay or any other additional compensation. For
the purposes of this section, the words "active service" shall not
include active duty for training or temporary duty in the Army National
Guard or Air National Guard or as a reservist in the Armed Forces
of the United States.
Benefit eligible employees shall be given up to three consecutive
working days leave with a Straight day's pay upon the death of immediate
family members as defined by mother, father, spouse, mother-in-law,
father-in-law, sister, brother, child, grandchild, grandparent, step-parent,
step sibling, step-grandchild, or step-grandparent. One day of leave
with pay shall be given upon the death of the employee's aunt, uncle,
niece or nephew.
Vacation days or Personal days may be use as bereavement upon
the death of family members not specifically mentioned above.
Employees required to report for jury duty shall submit their
notice to their immediate supervisor. Employees will receive payment
for their normal work hours while attending jury duty. Employees should
notify their supervisor of their jury status on a daily basis. Employees
will be paid the difference between their regular salary and their
jury duty pay if selected for jury duty.
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INSURANCE
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The Town of Littleton offers the following insurance coverage
to its benefit eligible employees:
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HEALTH INSURANCE
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The Town of Littleton will offer health insurance in accordance
with Chapter 32B of Massachusetts General Laws. Insurance deductions
are taken automatically from the employee's paycheck. Health Insurance
is offered at the time of employment and during the annual open enrollment.
Under COBRA law, employees may be entitled to continued coverage in
the Town's group health insurance plan effective upon termination
of employment. The employee is responsible for 102% of the Premium.
Specific information is available from the Treasurer's Office.
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Open enrollment is offered once a year, usually in early April.
At this time employees have the opportunity to change their current
benefit plans and coverage to suit their personal needs. Employees
will be notified by the Treasurer's Office of the dates of the open
enrollment and when any changes will become effective.
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If you are an active benefit eligible employee 65 or over you
will remain on your current active health plan until you retire. At
age 65, if you are Medicare eligible, you must apply for your Medicare
Coverage through Social Security and defer your Part B coverage until
retirement.
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RETIRED EMPLOYEES
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Retired employees under age 65 will be covered by the Town's
active health plans until age 65. The retiree must enroll in Medicare,
if eligible. The retiree may elect to participate in the Town's Medigap
insurance plan.
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Retired employees not eligible for Medicare will remain on their
current active plan upon providing proof that they are ineligible
for Medicare.
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BASIC LIFE INSURANCE
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The basic life insurance offered by the Town is $10,000. The
employer will automatically deduct this from the employee's paycheck.
This is term life insurance and expires upon termination of Employment
with the Town. Retirees coverage drops to $5,000 for half the cost.
Life insurance is offered to new hires at the time of their employment.
If you do not take this insurance you must sign a waiver of refusal.
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OPTIONAL BENEFITS
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Employees may select additional benefits as offered by the Town.
The costs of these benefits will be paid entirely by the employee.
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As stated in Federal Law.
All employees covered by this bylaw shall have a performance
evaluation annually.
A.
Disciplinary procedure.
Standards of employment conduct are essential to efficient and
effective operations. Employees are expected to exercise common sense
and good judgment, and conduct themselves in a manner that will be
a credit to the Town. The Town recognizes that all of its employees
have high standards, however, there are times when it may be necessary
to discipline individual employees. Disciplinary action may be initiated
for failure of an employee to fulfill responsibilities as an employee.
The standards as listed below are not intended to be exhaustive, but
are provided for illustrative purposes. The Town reserves the right
to discipline for any conduct it deems inappropriate, whether or not
it is enumerated herein. Violation of the Standards of Employment
Conduct may result in disciplinary action, ranging from reprimand
to immediate discharge.
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The following is a non-exhaustive list of examples of violations
of the Standards of Employment Conduct:
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Incompetence or inefficiency in performing assigned duties
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Refusal to perform a reasonable amount of work or violation
or any reasonable official order or failure to carry out any lawful
and reasonable directions made by a proper supervisor
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Habitual tardiness or absence from duty
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Violation of safety rules, practices and policies
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Engaging in sexual or other harassment
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Insubordination
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Fighting on the job - Physical or verbal abuse
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Theft of Town or another employee's property
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Falsification of time records
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Use of illegal substance or alcohol on the job
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Intentional disclosure of confidential information
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Misuse or unauthorized use of Town property
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Fraud in securing an appointment
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Conviction of a felony
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Violation of safety rules, practices, policies (after appropriate
training)
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Unauthorized absences during work hours
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Falsification of Town records
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Step 1. Any employee who believes that they have in any manner
been unfairly treated in accordance with this bylaw may appeal for
relief from that condition. An employee must discuss the complaint
initially with their direct supervisor. Then, if the matter is not
settled, the employee should submit said complaint in writing to the
department head. The department head shall respond in writing, within
fourteen calendar days. If the employee's department head is also
the immediate supervisor, he/she should proceed to Step 2.
Step 2. If the employee feels that his/her complaint is still
unresolved, he/she may appeal to the Personnel Board within fourteen
calendar days after receiving the decision of the Department Head.
The Personnel Board may require a written statement from the employee
in such form and containing such information as they may require.
The Personnel Board shall hear the complaint at their next Regularly
scheduled meeting and shall render a decision within 14 calendar days
of the hearing. Any decision of the Personnel Board shall, within
five business days of its final decision, be transmitted to the Select
Board.
In the event that, it becomes necessary to reduce the number
of employees or their hours under the Personnel By-law, the Town of
Littleton, in determining which of its employees are to be terminated,
will take into consideration the departmental needs, the qualifications
of such employees and the quality of their past performance.
Where, in the opinion of the appointing authority, the qualifications
and quality of performance of employees are equal, employees will
be terminated in the order of reverse seniority as employees of the
department.
The employee will be notified whenever possible four weeks in
advance of the layoff or reduction in schedule, insofar as practicable.
A.
An employee who has been laid off shall be entitled to recall rights
to this same position for a period of two years from the effective
date of his/her layoff.
B.
An employee recalled within one year of his/he/she day of lay off
will return with service accrued up to the time of the lay off.
C.
Recall notices shall be sent via certified or registered mail. Employees
are required to keep the Town informed of their current mailing addresses.
D.
An employee who is recalled must report to work within 14 calendar
days of the date of mailing the recall notice or some other mutually
agreed upon time.
Employees covered by this by-law who have assigned office space
are not permitted to work from home. Our goal is to have Town offices
open to the public whenever possible. The appointing authority of
the employee must grant permission in writing for any exceptions to
this policy.
The technology usage policy covers all computer, communications,
and information technology systems. This includes, but is not limited
to: computers, internet services, e-mail, telephones and fax machines.
Any employee abusing the privileges and authorized uses of this technology
will be subject to disciplinary action ranging from oral reprimand
to dismissal and/or legal prosecution.
As stated in Federal, and State Law and in accordance with the
Town's Equal Employment Opportunity, Discrimination, and Sexual Harassment
Policy.
In the event that any provision of this chapter, or application
thereof, shall be held to be invalid by the proper authorities, this
shall not be construed to affect the validity of any other provision,
or application thereof, of this chapter.
As stated by Town's current policy.
Work-related injuries. Employees injured while on duty will
be covered by Worker's Compensation Benefits. All work related injuries
that exceed three days will also be covered by the Family Medical
Leave Act.
A.
Worker's Compensation wages will be governed by MGL Chapter 152.
Employees may supplement any difference between Worker's Compensation
wages and the regular straight time rate of pay by first using any
accumulated sick time followed by any other accrued leave. During
a period of Worker's Compensation leave, the employee will not be
awarded sick or personal time or continue to accrue vacation time
but will continue to participate in other voluntary benefits such
as health, life and dental insurances and flexible spending plans
on the same basis as active employees as long as they continue to
meet the provider's eligibility requirements and employment has not
been terminated.
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Prior to returning to work, after a work related injury, employees will be required to present a fitness-for-duty certificate addressing their ability to perform the essential functions of the position. When returning from worker's compensation leave that has crossed fiscal years, an employee will immediately earn sick and personal time on a pro-rated basis similar to new employees as described in § 33-25,1A. The difference between the pro-rated sick time award and the normal amount that would have been awarded on July 1st will be added to the employee's short term disability leave bank.
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