Town of Deerfield, MA Personnel Policies

Eligible employees may accrue and carry vacation time balances equal to two (2) years' worth of vacation time. Once an employee accrues two (2) years of vacation time, the employee will no longer continue to accrue any more vacation time until such time as the employee uses some portion of the accrued, unused vacation time. Once the employee uses vacation time bringing the amount of vacation time being carried to fall below the 2-year accrual limit, accrual will resume on a bi-weekly basis.

The employee will not be compensated for non-accrued time under this policy.

Eligible part-time employees' 2-year vacation limit will be calculated on a pro-rated basis using the same calculation method used to calculate the vacation time.

Transition from prior vacation leave system to current system set forth in this bylaw.

The amendments to this bylaw shall take effect on July 1, 2015.

For the purpose of implementing the transition from the prior vacation leave system to the accrual and computation system contained in this amended bylaw, each current Town employee who is covered by this bylaw as of the effective date on which the amendments take effect shall be permitted a one-year period to use any accrued, unused vacation that such employee may have that is beyond the computation provision and accrual limits set forth Subsections C and E above. During this transition period, any employee who has accrued vacation leave that is greater than the amount of vacation leave that may be accrued at any given time (i.e., two-years of vacation leave), as determined by the schedule set forth in Subsection C above, shall not continue to accrue any more vacation time until such time as the employee has used that amount of accrued, unused vacation time to bring the employee within the accrual limits of this bylaw.

Using vacation time. Employees may use vacation time with the approval of their department head (or in the case of a department head, the department head's appointing authority) in increments up to fifteen (15) consecutive work days.

Vacation requests and scheduling.

Employees shall request vacation time from their respective department head (or in the case of a department head requesting vacation, from the department head's appointing authority). The department head (or the appointing authority, as the case may be) shall schedule such vacation leave based on the operational needs of the Department.

Requests for vacation time in excess of employees' available accrued time may be granted as leave without pay at the discretion of the department head.

Subject to operational needs, department heads are responsible for the scheduling of their employees' vacation time throughout the year so that the Town's mission and employees' needs are met, and so that employees do not have a significant amount of vacation time that must be used or forfeited.

Employment termination. Upon the termination of employment or retirement an employee will be compensated for the balance of their accrued but unused vacation time to the date of termination or the last pay check. Accrued but unused vacation time will be paid to the estate of an employee in the event of an employee's death.

§ 35-27 Sick time.

[Amended 3-5-1979 ATM, Art. 16; 3-25-1985 ATM, Art. 18; 4-24-1995 ATM, Art. 33; 4-27-2015 ATM, Art. 34]

Eligible employees. All full-time and benefit eligible permanent part-time employees.

"Immediate family" defined. For the purposes of this bylaw, the term "immediate family" is defined as a spouse (or significant other that lives in the same household as the employee), son, daughter, mother, father, brother, sister, stepmother, stepfather, stepson, stepdaughter, stepbrother, stepsister, mother-in-law or father-in-law.

Sick time purpose. Sick time is a contingent benefit limited to absences caused by an eligible employee's illness (including illness or disability arising out of or caused by pregnancy or childbirth), injury, or exposure to contagious disease, or the illness of a member of an eligible employee's immediate family, including illness or disability arising out of or caused by pregnancy or childbirth or for medical appointments. Sick leave used for purposes other than legitimate reasons or in an excessive manner may result in disciplinary action up to and including termination of employment at the discretion of the Town.

Doctor's note. The Town, at its exclusive discretion, reserves the right to request a written certificate from a Town-selected physician, at the cost to the Town, or from the employee's physician, relative to the employee's ability to perform the essential functions of the job or in cases of absence under this bylaw.

Sick time accrual.

Eligible employees with less than ten (10) years of service to the Town may accumulate up to a maximum of sixty (60) days* of sick time for use by the employee. Each day of accrued sick time shall equal eight (8) hours. Therefore, eligible employees with less than ten (10) years of service may accumulate up to a maximum of 480 hours of sick time. Eligible employees with less than 10 years of service, will accrue sick time at a rate of 0.833 sick time days per month for each month of actual service not to exceed 10 sick days per year, up to a maximum of sixty (60) days*.

Eligible employees with ten (10) years or more of service to the Town may accumulate up to a maximum of ninety (90) days* of sick time for use by the employee. Each day of accrued sick time shall equal eight (8) hours. Therefore, eligible employees with 10 or more years of service may accumulate up to a maximum of 720 hours of sick time. Eligible employees with ten (10) or more years of service, will accrue sick time at a rate of 0.833 sick time days per month for each month of actual service not to exceed 10 sick days per year, up to a maximum of ninety (90) days*.

*Eligible part-time employees shall accrue sick time on a pro-rated basis.

Sick time limits. Once an employee's sick time limit is reached, the employee will no longer continue to accrue any more sick leave until such time as the employee uses some portion of the accrued, unused sick time. Once the employee uses sick time causing the amount of sick time being carried to fall below the sick time limit, accrual will resume on a bi-weekly basis. The employee will not be compensated for non-accrued sick time under this policy.

Transition from prior sick time system to current system set forth in this bylaw.

The amendments to this bylaw shall take effect on July 1, 2015.

For the purpose of implementing the transition from the prior sick time system to the accrual and computation system contained in this amended bylaw, any Town employee who is covered by this bylaw who has accrued sick time that is greater than the amount of sick time that may be accrued at any given time, as set forth in Subsection F above, as of the effective date on which the amendments to this bylaw take effect, shall not continue to accrue any more sick time until such time as the employee has used that amount of accrued, unused sick time to bring the employee within the accrual limits of this bylaw.

Employment retirement or death. When an employee retires or upon the death of an employee, the Town will pay the employee or the employee's estate unused sick time at a rate of one (1) day per year of service or the employee's sick time balance, whichever is less, up to a maximum of $4,000.00.

§ 35-28 Fringe benefits.

Regular employees working for the Town one thousand forty (1,040) hours or more during the year are eligible to participate on a prorated basis in the following fringe benefits programs offered by the Town unless otherwise indicated:

Health insurance. As provided for under Chapter 32B of the General Laws, thirty-five percent (35%) of the premium for this insurance is paid for by the employee.

[Amended 3-31-1986 ATM, Art. 19; 4-24-1989 ATM, Art. 14]

Life insurance.

Types of insurance available include group life, group total permanent disability and accidental death.

As provided for under Chapter 32B of the General Laws, thirty-five percent (35%) of the premium for this insurance is payable by the employee.

[Amended 3-31-1986 ATM, Art. 19; 4-24-1989 ATM, Art. 14]

Pension plan.

As provided for under Chapter 32B of the General Laws, full-time employees of the Town must participate in the approved county pension plan.

Part-time employees may participate if yearly hours of Town employment exceed one thousand forty (1,040) or annual earnings from the Town exceed seven hundred twenty dollars ($720.).

Contribution made to the plan shall be as follows:

(a)

Employees hired prior to November 1, 1975: five percent (5%) of gross wages.

(b)

Employees hired after November 1, 1975: seven percent (7%) of gross wages.

(c)

Employees hired after January 1, 1984: eight percent (8%) of gross wages.

[Added 3-25-1985 ATM, Art. 18]

Personal day. One (1) day for personal use shall be granted by the Town, each year on the anniversary date of employment. An unused personal day will revert to the Town and the employee shall receive no compensation.

[Added 4-27-1987 ATM, Art. 17]

§ 35-29 Military leave.

Any employee having at least one (1) year of continuous service for the Town and being required to perform military duty in the armed forces under the provisions of MGL c. 33, § 54, or being required to serve an annual tour of duty as a member of a reserve component of the Armed Forces of the United States, shall be granted a military leave of absence and shall also be entitled to compensation for any difference between his military pay and his regular pay for not more than ten (10) workdays during such military leave of absence and, in addition thereto, shall be granted the same leaves of absence or vacation with compensation given to other like employees.

A military leave of absence without compensation shall be granted to any such employee called to active duty with the armed forces for purposes other than military duty referred to in the preceding subsection.

Seniority shall accumulate during service in the Armed Forces of the United States.

A military leave of absence with compensation shall be granted to any such employee for the purpose of appearing before any board under the Selective Service Law or for any physical examinations under said law, but no such leave of absence shall be granted for a period of more than one (1) day without the approval of the Selectboard.

[Amended 6-12-2021 ATM by Art. 15]

§ 35-30 Jury duty leave.

An employee of the Town who serves as a grand or traverse juror in a federal court or in the courts of the commonwealth shall receive from said Town the difference between his pay and the compensation he receives for such jury service, exclusive of any travel or other allowance.

§ 35-31 Emergency leave; Family and Medical Leave Act of 1993.

[Amended 4-25-1994 ATM, Art. 31]

Twelve (12) weeks emergency leave under the Family and Medical Leave Act of 1993 will be granted without compensation, excepting that accumulated vacation and personal day benefits must first be used during any extended leave period.

Emergency leave up to a maximum of seven (7) days per year may be allowed for serious illness in the immediate family (defined in § 35-32B below) of the employee and shall be charged against sick leave allowance of the employee. This is exclusive of leave associated with the Family and Medical Leave Act of 1993.

§ 35-32 Bereavement leave.

Leave, up to a maximum of three (3) days, shall be allowed for death in the immediate family of the employee and shall not be charged against the sick leave allowance of the employee.

"Immediate family," as defined in this section, shall mean wife, husband, son, daughter, father, mother, brother, sister, father-in-law, mother-in-law and grandparents.

One (1) day of leave for death not in the immediate family, at the discretion of the department head, shall be allowed and not charged against sick leave, vacation or personal days of the employee.

[Added 4-26-1993 ATM, Art. 33]

§ 35-33 Other leaves of absence.

Leaves of absence for causes other than set forth in this article shall be without compensation.

§ 35-34 Grievance procedure.

There shall be a grievance procedure available to those employees of the Town whose rights, in their opinion, have been prejudiced in any way and covering all other grievances except those that would properly be under the jurisdiction of the Civil Service Commission or other duly established appeal board.

As used in this section, the word "grievance" shall be construed to mean dispute between an employee and his supervisor(s) arising out of an exercise of administrative discretion by such supervisor(s).

It is further understood that any employee may handle his grievance directly with his supervisor.

Should any difference relative to wages, hours and working conditions arise between the Town and any employee or employees, an earnest effort shall be made to settle such difference immediately as follows:

Step 1. An employee with a grievance shall speak to the head of his department regarding the problem. The department head shall make an effort, orally and within three days to resolve the problem to the satisfaction of all parties. If, however, the employee is not satisfied, he shall present his grievance in writing to the head of the department.

Step 2. The department head will investigate the grievance and present his conclusions in writing to the employee within two weeks. If the employee is not satisfied then, he shall present all pertinent data in writing, including the grievance and written answers from the department head to the Personnel Board acting in its capacity as Personnel Relations Review Board (see § 35-14 of Article I, Personnel Board).