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Employee Handbook, Part 2
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HIRING  & PROMOTIONS

Approximately 90% of all positions in Town government are covered under the Massachusetts Civil Service system.  The remaining 10% are excluded from Civil Service by state law.  There are two categories of positions under Civil Service:  Official Service and Labor Service.  Entry into an Official Service position is made by means of a competitive written examination.  In Labor Service, entry is based upon date of application.  There are several types of Civil Service appointments, which are outlined below.  You should be aware of the type of appointment you hold and the rights that such appointment carries.

        a.  Permanent Civil Service appointment –This is an appointment to a position in Town service following selection from a list of eligible candidates determined either by examination or date of application.   Once a person has served a successful probationary period under this type of appointment, the employee attains permanent status in this position.  Employees may verify the length of their probationary period for their position with the Personnel Department.

        b.  Provisional Civil Service appointment – This type of appointment applies to Official Service titles and is made when there is no existing list of eligible candidates.  Candidates for provisional appointments must meet the minimum qualifications for a position.  In all such appointments, the incumbent eventually must take an examination and be appointed from a list of eligibles in order to achieve permanent status.

        c.  Intermittent Civil Service appointment – This represents an appointment made from a list of eligible candidates for recurrent employment, which may be regular or irregular, as the needs of the Town require.  An individual selected for this type of appointment is eligible to attain permanent status when such a position becomes available.

        d.  Temporary Civil Service appointment – This is a time-limited appointment following certification from an eligible list.  Individuals filling temporary appointments in official service are not eligible for permanent status, except through separate competition.  Temporary labor service employees are eligible for permanent status under certain circumstances.

        e.  Emergency Civil Service appointment – This is an appointment made for not more than 30 working days to cover an unforeseen emergency.  Emergency appointments cannot be developed into permanent appointments.

        f.  Seasonal appointment – This is a short-term employment, from May 1 through September 30 and from Nov. 1 through April 1 of any year.  Seasonal employees are not eligible for unemployment insurance at the end of their employment and they will be required to sign a form from the Department of Employment and Training (Form 1826) that states the same.

Regular employees are those who hold full or part time positions other than seasonal, intermittent, or emergency.  Appointments may be Civil Service or non-Civil Service.

Candidates for all Labor Service positions, police and fire positions, and certain other positions are required to pass a physical examination prior to employment.  The Town pays for the examination, but a candidate who, after passing the exam, decides not to accept the job, will be billed for the cost of the exam.

VETERANS’ PREFERENCE

In Official Service positions, five points are added to examination scores of veterans meeting statutory requirements.  Ten points are added to the score for disabled veterans, and widows and widowed mothers of veterans who died from service connected disability in wartime.

Disabled veterans who have a compensable service connected disability of ten percent or more are placed at the top of the eligible lists in the order of the marks on their exams.  In addition, disabled veterans are retained in employment in preference to all others, including veterans.

In Labor Service positions, veterans meeting statutory requirements are placed ahead of all other applicants on eligible lists.  Widows and widowed mothers of veterans who died from service-connected disability in wartime are placed on the eligible list following all veterans but preceding all others.

PROBATIONARY PERIOD

All new employees appointed to regular positions will be on probation for a period of six months and 12 months for police officers and firefighters.  During this period, the employee has the opportunity to evaluate the job.  If you have questions about the job duties, benefits, or other issues, this is the time to resolve them.

At the same time, the employer has the opportunity to evaluate the employee’s performance.  If the employee is not performing satisfactorily according to the department head, employment may be terminated.

PROMOTIONS

When position vacancies occur, current employees are considered before outside candidates.  Promotional bulletins are posted on departmental bulletin boards for five working days prior to selection.  These announcements detail such information as the duties and responsibilities of the job, experience required and job location.  In the case of Labor Service, Civil Service regulations require the selection of one of the first three employees with the most seniority in the department who has expressed interest in the promotion.  If there is no employee qualified and willing to accept the promotion, the appointing authority must choose someone from a certified labor service list.

In Official Service, the appointing authority must choose candidates from a promotional Civil Service list.  Said list includes names of applications who have been certified through an exam process.

Promotional opportunities in non-Civil Service positions are posted, as above, for five working days.  Town employees who meet the minimum qualifications are eligible to apply for such openings.

Selection for promotion, whether in Civil Service or non-Civil Service, takes into account job knowledge, attendance record, dependability, and other factors.

POSITION CLASSIFICATION & PAY PLANS

The classification plan covers Town positions.  Each position in the classification plan has an established salary range.  An employee normally begins at the entrance step of the range.  As long as the employee performs satisfactorily in the position to which appointed or promoted, the employee can look forward to attaining the maximum step in stated increments.

The compensation and classification plans are companion documents.  Amendments to either plan must be approved by Town Meeting.  Copies of the plans are available at the Personnel Office.

Article 7C, Section 3 of the Town By-Laws permits the Personnel Director to accept individual employee requests to have their position reclassified.  Requests must be received on or before September 10 of the year preceding Annual Town Meeting.  The Director shall communicate his/her decision regarding the request no later than November 1.  An aggrieved employee may appeal reclassification decisions of the Personnel Director to the Personnel Board.  All reclassification recommendations are subject to Town Meeting approval.

PAYROLL

Your paycheck and payroll deductions are directly related to the pay plan and its administration.  Employees are paid weekly by check covering the period of the previous week.  Paychecks will reflect payroll deductions mandated by law, including federal income tax, state income tax, and contributions to the retirement system. For employees hired after April 1, 1986, there is an additional deduction for Federal Medicare.  Employees also may select optional deductions including a savings bond plan, annuity and deferred compensation, credit union, and health and life insurance.  

Direct Deposit

Direct deposit of paychecks to the employee’s bank account is available upon request to the Payroll Office.  In order to have enroll in the Direct Deposit program you need to complete the “Authorization for Direct Deposit” that is your enrollment packet.  You will need to attach a cancelled or voided check to this form.

Overtime

Overtime pay is granted in accordance with the Fair Labor Standards Act, as amended in 1985, whereby non-exempt full-time public employees who work more than 40 hours per week are eligible for compensation at the rate of time and a half.  The Town also pays time and a half for overtime to non-exempt employees whose normal work week is 35 hours.  Employees should consult collective bargaining agreements for any additional provisions.  Employees should check paycheck stubs for accuracy and for occasional notices.

Record of Accrued Leave

Your paycheck also includes your sick leave, personal leave, and vacation leave balances.  Employees should review these balances for accuracy, most specifically after having used leave.

BENEFITS

In general, the Town provides benefits to regular employees.  Emergency, seasonal, or intermittent employees are not entitled to benefits.  Please note eligibility in each section below, and refer to applicable collective bargaining agreements, or in the case of management positions, the Town By-Laws.

VACATION LEAVE

Generally, Town employees are granted annual vacation leave as of Jan. 1 of each year.  Vacation may not be used until after the completion of the probationary period.  Vacation eligibility may vary depending upon your union membership.  Unless otherwise provided for by collective bargaining, employees earn vacation as follows:

Length of Service               Vacation
6 months to 5 years             12 days
5 years to 10 years             18 days
10 years to 25 years            24 days
25 years or more                        30 days

Employees are given the opportunity to accrue vacation leave in order that they may have periods of rest and relaxation from their jobs for health and well being, consistent with workload and staffing requirements of their departments.  Employees are encouraged to request vacation leave in blocks of time sufficient to ensure vacation periods to best serve the public interest.  Vacation allowance may not be accumulated from one year to another (unless collective bargaining agreements provide otherwise) except when, in the opinion of the appointing authority, it is impossible or impractical to do otherwise because of work schedule or emergency situations.  Whenever employment is terminated by dismissal through no fault or delinquency of an employee, or by resignation, retirement, or death, all unused vacation leave will be paid at the regular rate of compensation to the employee or to his/her estate.  If a holiday falls within a vacation period, it does not count as part of the vacation allowance.

HOLIDAYS

In order to qualify for holiday credit, an employee must work on the last regularly scheduled work day prior to, and the next regularly scheduled work day following each holiday unless it is an absence for which compensation is payable.  The administration of Holidays differs for Police Officers and Firefighters.  These employees should refer to the Union Contract for holiday leave information.  The following days in each year are considered as holiday credits:

New Year’s Day
Martin Luther King Day
Presidents’ Day
Patriots’ Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans’ Day
Thanksgiving Day
The Day after Thanksgiving
Christmas Day

Good Friday and Christmas Eve, when they fall on a day from Monday through Friday, are considered half-holidays.

SICK LEAVE

Sick leave with pay is granted to employees when they are unable to perform their duties due to sickness, injury, or quarantine by health authorities.  Sick leave is earned at the rate of one and one-quarter days per month from the first day of the month following employment.  It cannot be used, however, until the employee has worked six months.  At the end of this six-month probationary period, each employee receives seven and one half days sick leave credit.  Sick leave may be accrued for each year of employment.  Part-time employees whose hours of work follow a regular schedule will be granted sick leave on a pro rated basis.

Employees are not entitled to sick leave credit in a month when unauthorized leave occurs, or if more than two days of authorized absences without pay occur in a month.

Sick leave begins on the day notification of illness is given by the employee, the employee’s family or physician.  Such notification must be given within one hour of the regular starting time.  The department head or appointing authority may require a physician’s certificate stating the nature of illness and expected duration.  A physician’s certificate is required at the end of two weeks of illness.  Subsequent certificates may be required at the discretion of the appointing authority or department head.

Collective bargaining agreements describe entitlement to sick leave buy back.  Employees who are terminated for cause are not entitled to compensation in lieu of any sick leave not taken.

PERSONAL LEAVE

Personal leave allows employees time for matters not covered by other types of leave, such as conducting personal business or attending the funeral of a friend.

A personal leave of absence of one day with pay is granted to all full-time employees, with at least one full year of service, of the town on January 1 of each year.  This personal leave day is in addition to sick leave or vacation leave and is allowed at the discretion of the department head after receiving reasonable notice from the employee.  Personal leave cannot be used during the first six months of employment.

Employees who do not report out sick during a quarter earn one personal day per said quarter.  In addition, employees who do not report out sick more than four days during the calendar year receive one additional personal day.  In all cases, personal days for good sick leave record may not be accrued beyond one year from the date of their being credited.

OTHER TYPES OF LEAVE

There are several situations in which leave with pay for special or unusual reasons may be granted.  These are outlined below.  Employees are advised to check applicable collective bargaining agreements and the Town By-Laws for additional provisions.

        1. Bereavement Leave -- An absence with pay, to the extent necessary but not to exceed five days, is granted in case of death of an immediate member of an employee’s family (spouse, child, father, mother, sister, brother, or grandparents.)  An absence with pay of one day is granted in case of death of an employee’s in-laws or grandparents of spouse. (This benefit varies by union.)

        2. Military Leave -- Any permanent employee of the Town called for an annual tour of duty with the armed forces will be paid his/her annual salary for a period not exceeding two calendar weeks and will also be entitled to the same leaves of absence or vacation with pay given to similar employees.

        3. Jury Duty Leave -- A regular employee called for jury duty will be paid an amount to bring the employee’s salary up to the usual rate of pay.  Notice of service must be filed with the department head upon receipt of a summons.

        4. Maternity Leave -- A female employee who has completed the initial probationary period will be granted a maternity leave without pay for a period not exceeding eight weeks, unless otherwise provided by collective bargaining agreements.  The employee should give at least two weeks notice to her employer of her anticipated date of departure and return.  An employee who takes a maternity leave will be restored to her previous or a similar position with the same status, pay, and length of service credit and seniority as of the date of leave.  A physician’s certificate must be submitted to the employee’s department head before returning to work. Accrued sick leave benefits are provided for maternity leave purposes under the same terms and conditions that apply to other temporary medical leaves.

FAMILY AND MEDICAL LEAVE ACT

The Family and Medical Leave Act (FMLA) is a Federal mandate that became effective Aug. 5, 1993.  Under the Act, a covered employer must grant to eligible employees up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons:

        1. For the birth or placement of a child for adoption or foster care
        2. To care for an immediate family member (spouse, child or parent) with a serious health condition
        3. To take medical leave when the employee is unable to work because of a serious health condition

The Personnel Department will determine your eligibility for FMLA, if any of these circumstances arise.  Employees commonly believe that FMLA applies only when they have no remaining paid leave.  This is incorrect.  If you are absent due to any of the above-mentioned circumstances, the Town may place you on Family Medical Leave.

Employees who are granted unpaid leave should be aware that certain benefits do not accrue during that time.  In addition, employees on unpaid leave are required to pay the full premium on health insurance plans for that period.  Such leave requests require department head approval.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

This outline of Privacy Practices describes how we may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. “Protected health information” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.

Uses and Disclosures of Protected Health Information

We use health information about you for treatment, to obtain payment for treatment, for administrative purposes, and to evaluate the quality of care that you receive.  We may use or disclose identifiable health information about you without your authorization for several other reasons.  Subject to certain requirements, we may give out health information without your authorization for public health purposes, for auditing purposes, for research studies, and for emergencies.  We provide information when otherwise required by law, such as for law enforcement in specific circumstances.  In any other situation, we will ask for your written authorization before using or disclosing any identifiable health information about you. If you choose to sign an authorization to disclose information, you can later revoke that authorization to stop any future uses and disclosures.


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