SECTION 12. FRINGE BENEFITS
SECTION12A. Certain fringe benefits are hereby set forth according to
interpretation of Section 108G of Chapter 41 and Section 21A
of Chapter 40 of the General Laws. Fringe benefits are considered as
part of compensation earned in addition to regular salary received.
SECTION 12B. ELIGIBILITY FOR BENEFITS
a. Employees who are classified as full time employees are eligible for fringe benefits provided in this section of the By-Law.
b. Employees classified as permanent part-time and working a regular schedule of 20 hours or more per week are eligible for fringe benefits provided in this section of the By-Law on a pro-rata basis.
SECTION 12C
a. The recognized holidays under this Bylaw are:
New Years Day Labor Day
Martin Luther King’s Day Columbus Day
President’s Day Veterans Day
Patriots Day Thanksgiving Day
Memorial Day The day after Thanksgiving
Independence Day Christmas Day
b. All time worked within the Holiday schedule shall be classed as overtime. Employees not required to work to maintain essential Town services shall be excused without loss of pay. Pay for holiday allowance shall be determined to be 1/5 of a regular weeks pay exclusive of overtime, except in those instances where that determination shall cause an employee to receive less or more than a
regular weeks pay – exclusive of overtime.
c. Wage payment under the provisions of this section of the By-law shall be made provided the employee has worked a regular scheduled work day preceding or following said holiday or is on a regular scheduled day off, or is absent on those stated day by reason of illness.
d. Observance of holidays in the holiday schedule shall be in accordance with locally designated days.
e. Whenever an employee whose regular scheduled day off falls on any of the holiday schedule days, an additional day off with regular pay shall be permitted. Part-time employees will receive holiday pay only if scheduled for work that day of the week and on a pro-rata basis.(5/03)
f. Whenever an employee works on a scheduled holiday, compensation shall include holiday pay plus straight time pay for time worked, within the normal work schedule.
SECTION 12D VACATION LEAVE
a. Schedule. Vacation leave shall be granted during the fiscal year in which eligibility occurs.
1. An employee who has completed six (6)months of continuous service shall be granted five (5) days vacation leave with regular pay. An employee who has completed one (1) continuous year of service shall be granted ten (10) days vacation leave with regular pay.
2. An employee who has completed five (5)continuous years of service shall be granted fifteen (15) days vacation leave with regular pay.
3. An employee who has completed ten (10) continuous years of service shall be granted twenty (20) days vacation leave with regular pay.
4. An employee who has completed fifteen (15) continuous years of service shall be granted twenty-five (25) days vacation leave with regular pay. (5/02)
5. An employee who has completed twenty (20) continuous years of
service shall be granted twenty-seven (27) days of vacation leave.(10/07)
6. An employee who has completed twenty-five (25) continuous years of service shall be granted thirty (30) days of vacation leave with regular pay. (10/07)
b. Employees are encouraged to schedule vacation leave in full week
increments; however, a single day or several days may be granted as vacation leave with approval by the department supervisor.
c. Department supervisors are responsible to grant vacation leave to
employees on a schedule basis that will cause the least interference with the performance of the regular work of the Town.
d. If a holiday occurs during an employee’s vacation period, the holiday
will be charged to holiday time and not as a vacation day.
e. Employees eligible for vacation leave who are terminated retire, or enter into the Armed Services, shall be paid for unused vacation leave balance at regular pay.
f. Upon the death of an employee eligible for vacation leave, payment at regular pay of unused vacation leave balance shall be made to the employees estate.
g. Accumulation of vacation leave is not permitted and employees who do not use their allotted vacation leave in one year will not be paid for any such loss.
h. Any department vacation leave schedule or plan which is in effect on or before acceptance of this plan and which is greater than that provided for in this section of the plan shall remain in effect for those employees involved for the duration of their employment in that department. No other employee assigned to or hired for that department shall be eligible for vacation leave other than that provided for in Section 12D.a. of this plan.
SECTION 12E. SICK LEAVE (10/07)
A. Unlimited sick leave shall be granted for sickness or injury to the employee.
B. Sick leave shall be considered to be absence from duty without loss of pay for the following reasons:
1. Employee’s illness or injury except where directly traceable to an employer other than the Town or to a work-related injury or illness covered by Massachusetts General Laws or an intentionally self-inflicted injury.
2. Medical, optical or dental treatment required for an employee when such treatment cannot be accomplished on off-duty hours.
3. When serious illness of any employee’s immediate family requires his/her personal attendance
C. No sick leave shall be refused for an obvious personal injury or a situation requiring non-elective surgery. If a dispute arises concerning a return date for employment, procedures set forth under C2, item b of this Article shall be followed.
1. Abuse or falsification of any of the sick leave provisions shall be cause for disciplinary action.
2. Notification of absence shall be given to the Selectmen’s Office as early as possible on the first day of absence.
3. Payments under the provisions of this Article shall be limited, in the case of an employee who is receiving Workmen’s Compensation payments, to the difference between the amount paid in Workmen’s Compensation and the employee’s regular
rate. This co-paymet shall not go or be extended beyond a period of six (6) months duration.
D. Sick leave shall be granted in accordance with the following provisions:
1. Sick days granted numbering one (1) through ten (10) in a given absence shall be under the direct supervision of the Town Administrator and all such leave shall be subject to his approval, and such approval shall not unreasonable be withheld.
2. On or before the completion of the tenth consecutive sick day, the Town Administrator shall convene the Board of Review, said Board of Review to consist of a member of the Board of Selectmen, the Town Administrator and the Department Head. The Board of
Review shall conduct a hearing and by majority vote, take action on any of the following recommendations:
a. Extend the sick leave for a specified amount of time, with full pay or proportion thereof, and conduct another hearing upon expiration of the time specified.
b. Require the individual to produce a medical certificate and/or their own examination of the individual by a recognized medical authority.
c. Terminate the sick leave. If the individual remains absent from employment, it will be without pay, and the Review Board may recommend disciplinary action to follow.
d. Make a recommendation that steps be taken to terminate the individual’s employment.
e. Any employee who retires prior to June 30, 2009 shall be entitled to buy back their ccumulated sick time at a rate of one day’s pay for each three(3) days of the unused portion of the
employee’s accumulated sick leave. Said employees will continue to accumulate their sick leave at a rate of one and one quarter (1 ¼) days per month until retirement. In the event of death of an employee, the employees estate, shall be given one days pay for each three days of the unused portion of the employee’s
accumulated sick leave. However, in no event shall the total accumulated sick leave exceed 165 days.
f. The Department Head is required to accurately record each employees attendance; noting tardiness, vacation, holiday pay, illness and other absences. This shall be
submitted to the Town Administrator on forms designated by him/her.
g. The Town Administrator and/or Department Head may require a physicians examination and statement of an employees fitness to return to work following an
employee's absence due to injury or sickness. Such examination and statement to be at the expense of the Town.
h. Injury, illness, or disability self-imposed, or resulting from the use of drugs shall not be considered a proper claim for leave under this section.
i. Payments made under the provisions of this section shall be limited in the case of an employee who is receiving Workman's Compensation payments to the difference between the amount paid in Workman's
Compensation and the employees regular rate. But in no case shall such sick leave increments extend beyond a period of six (6) months.
j. Sick leave payment shall be granted at the employee's regular ratee of pay unless otherwise specified as in Section 12E.c. Sick leave may be granted by the Department Head for a single day absence due to illness, injury, or regular medical, optical or
dental treatmenttment.
k. Nothing in this section shall be construed to conflictwith Section 100 f Chater 41 of the General Laws
SECTION 12F. JURY DUTY
An employee required to serve on jury duty and thus absent from regular work duty may upon application be paid the difference between regular compensation from the Town and compensation received for jury duty upon presentation of certification of compensation paid by the Court. Travel allowance is not included in compensation paid by the Court.
SECTION 12G. BEREAVEMENT LEAVE
Paid emergency leave not to exceed three (3) working days may be allowed for making arrangements and/or attending the funeral of members of employee's immediate family and persons in the immediate household at the discretion of the Department Head or the governing authority.
SECTION 12H. MILITARY LEAVE
An employee on military reserve duty thus absent from regular work duty shall be paid the difference between compensation received for reserve duty and regular compensation paid by the Town upon application and presentation of certification of reserve duty pay. Such payment shall be limited to a period of thirty four days in a twelve month period and shall not include payment for reserve duty caused by call to be mobilized during an emergency in the Commonwealth. (5/04)
SECTION 12I. OTHER LEAVE
a. Absence from regular work for personal reasons may be charged to vacation leave upon application by the employee and approval by the Department Head. Such absence may not be charged to vacation leave beyond what the employee is entitled to in the calendar year .(5/02)
b. Section 11A Professionals and Section 11B Administrative and/or Full Time employees shall be granted three (3) days per year and all other Wage & Personnel positions shall be granted one (1) day for personal business for which he or she will be paid their normal rate with the prior approval of the employee's Department Head or Governing Board.
SECTION 12J. PAY FOR OVERTIME WORK
a. Work performed by an employee beyond the normal work schedule shall be compensated at the rate of one and one-half times the normal hourly pay rate.
b. Whenever any employee works overtime on a regular scheduled holiday, compensation shall include holiday pay, straight time pay, and time and one-half pay for overtime worked beyond the normal shift time.
c. Overtime provisions shall not apply to Town Department Heads under this By-law.
SECTION 12K. PHYSICAL EXAMINATION
a. Every new employee hired by the Town shall be examined by a physician acceptable to the Town and certified as to his physical fitness to perform the duties of the position for which he has applied, and as to any physical conditions of the applicant that might adversely effect his job performance.
b. The cost of any physical examination required by this section shall be paid by the Town and shall be charged to the appropriations of the Department which doing the hiring or charged to such special appropriation made by the Town for the purpose of thus section.
c. The Town Administrator shall ensure that applicants have successfully passed a physical examination prior to job acceptance. (10/07)
SECTION 12L. CALL BACK
All full time Town employees under this By-law called back and required to work beyond their normal work schedule or shift will be compensated at one-and-one-half times their normal rate of pay and will be guaranteed two hours minimum pay.
SECTION 13. POLICE CONTRACT
All conditions of employment not specifically legislated by Chapter 31 of the Massachusetts General Laws, including classification, compensation and fringe benefits shall be defined in the terms of the contract between the Hanson Police Club and Hanson Board of Selectmen in accordance with the authority of Chapter 150E of the General Laws.
SECTION 14. FIRE DEPARTMENT CONTRACT
All conditions of employment, classification, compensation and fringe' benefits for full-time uniformed members of the Fire Department shall be defined in the terms of the contract negotiated by Local 2713 International Association of Firefighters AFL-CIO and the Hanson Board of Selectmen.
SECTION 15. HIGHWAY CONTRACT (5/03)
All conditions of employment including classification, compensation and fringe benefits for the Highway and Water department employees, and Disposal Area Attendants and the Town Buildings Custodian shall be defined in the contract negotiated by AFMSCE, AFL-CIO State Council 93, Local 1700 and the Hanson Board of Selectmen.
SECTION 16. ADMINISTRATIVE PROFESSIONALS CONTRACT (5/08)
All conditions of employment including classification, compensation and fringe benefits for the Clerical-Administration staffs at the Town Hall, Fire Dept., Library, Senior Center and the Recreation Department shall be defined in the contract negotiated by AFMSCE, AFL-CIO State Council 93, Local 1700 and the
Hanson Selectmen
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