Personnel Policies and Procedures s1

Updated 3/19/2008

Town of Gill, Massachusetts

PERSONNEL POLICIES AND PROCEDURES

The contents of this Policy are presented as a matter of information only. While the Town of Gill believes whole - heartedly in the plans, policies and procedures described herein, they are not conditions of employment. The Town of Gill reserves the right to modify, revoke, suspend, terminate, or change any or all such plans, policies, or procedures, in whole or in part, at any time, subject to the provisions of Section XIII. The language used in this Policy is not intended to create, nor is it to be construed to constitute a contract between Town of Gill and any or all of its employees.

I. TITLE

The provisions of this regulation shall be entitled the "Personnel Policies and Procedures, Town of Gill, Mas- sachusetts." This regulation may be referred to as the "Policy" for the purposes of this regulation.

II. EFFECTIVE DATE OF APPLICATION OF POLICY

This policy shall take effect upon approval by the Gill Board of Selectmen.

III. SCOPE OF THE POLICY

This policy shall apply to all employees of the Town of Gill except those appointed or employed by the School Committee. This policy shall also apply to those who serve in offices filled by popular election and those who service as volunteers to boards and/or committees only with reference to policies not related to wage and/or monetary benefits. In addition, each board, commission, committee, Town official or other Town authority having any Town employee under its direction, shall be for the purpose of this policy, referred to as Department Head, and shall be responsible for having the wages and salaries for Town employees under its jurisdiction fixed in accordance with the Wage Compensation Plan, entitled Attachment A.

IV. ADMINISTRATION

The Personnel Policy shall be administered by the Board of Selectmen who shall be the final authority and administrators in all matters addressed by the policy with the exception of grievances as addressed in Section VII, (e). The Board of Selectmen may establish procedures as necessary to fulfill this charge. The Board of Selectmen may, from time to time, make and issue interpretations and regulations consistent with the provisions of this Personnel Policy and necessary for its administration. Similarly, the Board of Selectmen shall periodically review the Policy and make recommendations for changes, as appropriate, and in accordance with the provisions governing amendment as set forth in Section XIV.

It shall be the responsibility of the Board of Selectmen to administer this Policy consistent with its duties and responsibilities as defined by the Massachusetts Constitution, Massachusetts General Laws, and the By-Laws of the Town of Gill.

V. PERSONNEL COMMITTEE

(a) Membership -- This Personnel Committee shall be composed of six members as specified below:

(i) One member of the Personnel Committee shall be a member of the Board of Selectmen selected annually

1 by vote of the Board of Selectmen. He or she shall not otherwise be an employee of the Town nor hold any other compensated Town office, whether appointed or elected, unless said office is held by virtue of the responsibilities of being a member of the Board of Selectmen.

(ii) One member of the Personnel Committee shall be a member of the Finance Committee selected annually by vote of the Finance Committee. He or she shall not be an employee of the Town nor hold any other compensated Town office, whether appointed or elected, unless said office is held by virtue of the responsibilities of being a member of the Finance Committee.

(iii) One member shall be a regular employee of the Town of Gill, who works a minimum of twenty hours a week for the Town. He or she is to be elected for a three-year term by the regular employees of the Town who work a minimum of twenty hours a week for the Town. He or she need not be a resident of the Town.

(iv - v) The Town Moderator shall appoint two members who shall be registered voters of the Town of Gill. Neither of these two members may be employees of the Town nor hold Town office, whether appointed or elected, for which they receive financial compensation. The Moderator shall appoint one member to a three year term, and the other member to a two year term, following the completion of the initial terms of these members, the Moderator shall make these appointments for three-year terms.

(vi) The Town's Administrative Assistant shall serve as a non-voting member of the Personnel Committee.

(b) Organization -- The Committee shall select a chairperson from its membership who shall preside over meetings. The Committee shall select a clerk from its membership who shall be responsible for recording minutes of all committee meetings, in accordance with the Open Meeting Law. Like all Town employees and board/committee members, the Personnel Committee is subject to and shall abide by the provisions of the Conflict of Interest Law, M.G.L. Chapter 268A.

Members of the Personnel Committee shall serve without compensation.

At any meeting of the Personnel Committee action by a majority of those Committee members present shall be binding. At least three voting members of the Committee shall be present in order to constitute a quorum.

(c) Responsibilities -- The Personnel Committee is responsible for making recommendations to the Board of Selectmen concerning the administration of this Personnel Policy. The Personnel Committee may recommend procedures to the Board of Selectmen as necessary to fulfill their respective charges. The Personnel Committee may, from time to time, recommend to the Board of Selectmen, interpretations and regulations consistent with the provisions of this Personnel Policy and necessary for its administration. Similarly, the Personnel Committee shall periodically review the Policy and make recommendations for changes, as appropriate, to the Board of Selectmen.

The Personnel Committee shall conduct itself in a manner consistent with its duties and responsibilities as defined by the Massachusetts Constitution, Massachusetts General Laws, the By-Laws of the Town of Gill, and this Personnel Policy.

It shall be the responsibility of the Personnel Committee to develop a classification and compensation plan, and to review position classifications and rates of pay at reasonable intervals, for presentation to the Board of Selectmen, as follows:

Whenever the Personnel Committee reviews the wage and salary provisions of this Policy, it shall take into account and give such weight as it may deem desirable to the following:

- Rates of pay for like positions in other Massachusetts towns considered by the Personnel Committee to be comparable to Gill;

2 - Rates of pay for like jobs (if any) in commercial and business establishments in the area of Gill and vicinity;

- Other benefits received by Town employees;

- A standard for consideration of the annual cost of living increase as a mean between US Urban City Average and Northeast Urban Average; and

- The financial policy and economic considerations of the Town.

The Personnel Committee shall annually present its recommendations regarding wages and classifications to the Board of Selectmen by February 1st for the subsequent fiscal year.

The Personnel Committee shall annually evaluate the amount and method of compensation to Town officials who receive a fee or portion of a fee paid to the Town for services, inspections, or other responsibilities performed as part of their official duties. The Personnel Committee shall annually present its recommendations regarding wages and classifications to the Board of Selectmen by February 1st for the subsequent fiscal year.

The Personnel Committee shall also periodically evaluate the salary and method of compensation of those who serve in offices filled by popular election. The Personnel Committee shall annually make its recommendations to the Finance Committee by February 1st for the subsequent fiscal year.

The Personnel Committee shall be responsible to discuss its recommendations at Annual Town Meeting, if requested.

The Personnel Committee shall meet with representative groups of employees at least once annually by January 15th to discuss employee concerns about salary, fringe benefits, and the administration of this Policy. The Administrative Assistant will notify the employees of the meeting date.

The Personnel Committee shall fulfill its role in the Grievance Procedure, as outlined in Section VII, (e).

VI. DEFINITIONS

As used in this Policy, the following words and phrases shall have the following meaning unless a different meaning is clearly required by the laws of the Commonwealth:

Base Wage or Pay -- The minimum wage or pay for a specific job classification.

Committee -- Refers to the Personnel Committee for the Town of Gill, Massachusetts.

Compensatory Time – Paid time off from work, in place of overtime pay for overtime hours worked, accumulated at the rate of one and one half times the amount of time worked.

Continuous Employment -- Employment uninterrupted except for required military service and for authorized vacation, sick leave, bereavement leave, court leave, or other approved leave of absence.

Department -- Any department, board, committee, commission, or other agency of the Town subject to this Policy.

Department Head -- The officer, board or other body having immediate supervision and control of a

3 department; in the instance of a department serving under the supervision and control of the Selectmen, the officer, board or other body responsible to the Board of Selectmen for the administration of the department.

Emergency Employment -- Employment made for not more than two (2) weeks without the prior approval of the Board of Selectmen; this employment is to cover an unforeseen emergency.

Emergency Employee -- An employee retained on an emergency employment to serve for a period not exceeding two (2) weeks unless an extension is granted by the Board of Selectmen.

Exempt Employee -- A salaried employee who is employed in an executive, administrative, or professional capacity, and is not generally entitled to overtime pay if he/she meets the following criteria: 1) Executive -- primary duty is to manage a department; 2) Administrative -- primary duty is office or non-manual work directly related to management policies, or directly assisting an executive; and 3) Professional -- primary duty requires advanced knowledge acquired by specialized study, work is intellectual and the result is not standardized.

Full-time Employee -- An employee retained on full-time employment on record or appointed by the Board of Selectmen.

Full-time Employment -- Continuous employment for not less than forty (40) scheduled hours per week, with sixty (60) days continuous service, less legal holidays, bereavement leave, vacation leave, sick and injury leave, and approved leave of absence, beginning at such time with the recording or appointment in the Selectmen's minutes.

Grievance -- A complaint or dispute between employees or an employee and her/his supervisor.

Manual Labor -- A non-office worker position that requires regular lifting, carrying of objects, cleaning, or other physically strenuous labor.

Non-Exempt Employee -- An employee, whether paid a salary or hourly wage, whose primary duty is not executive, administrative, or professional in nature. A non-exempt employee is entitled to overtime pay under certain conditions.

Overtime -- Time worked in excess of the normal work week of forty (40) hours.

Part-Time Employee -- An employee retained to work less than forty (40) hours per week.

Part-Time Employment -- Employment for less than full-time employment as defined above or seasonal employment.

Public Safety Position -- Any position included in the Gill Fire Department, Gill Police Department, Civil Defense, or any ambulance attendant, Emergency Medical Technician, or other similar position.

Probationary Period -- A working test period of six (6) months of continuous employment following an appointment to a regular position. The employee is required to demonstrate by conduct and actual performance of the duties, fitness for the position.

Regular Employee -- Any employee retained in a position where intent is more than sixty (60) days of continuous employment.

Regular Part-Time Employee -- An employee who has been hired by the Town of Gill to work as a part-time employee for a duration greater than sixty (60) days of continuous employment.

4 Regular Position -- Any position in the Town services which has required or which is likely to require the service of an employee without interruption for a period of more than six (6) months either on a full-time or part-time basis.

Temporary Position- Any position in the Town which is not a regular full-time or part-time position where the intent of duration of the position does not exceed six (6) months.

Temporary Employee -- An employee retained in a temporary position as defined above.

Town -- Refers to the Town of Gill, Massachusetts.

Town Meeting -- Refers to the Town's legislative body as defined by M.G.L. Chapter 39, Section 9, et seq.

Work Week -- The normal workweek for Town employees is from Thursday to Wednesday.

VII. EMPLOYMENT PRACTICES

(a) Hiring -- Subject to the provision of this Policy, if a vacancy occurs or a new position is established, the Department Head may, subject to the approval of the Board of Selectmen, advertise the position opening. All openings, except those filled on an emergency basis, shall be publicly posted for seven (7) days. In addition, the position may be advertised locally. Upon receipt of applications for the position, the Department Head shall conduct candidate interviews as he/she considers appropriate. Each candidate will be told of the position's classification, pay grade, wage range, probationary period, etc.

All employees hired after November 6, 1986 will be asked to provide their department heads, within 72 hours of employment, with documentation which indicates their United States citizenship or, if not citizens, that they are legally authorized to work in the United States.

The Town Treasurer has a list of various forms that can be used for this purpose. The Town must verify the documentation and sign a form provided by the U.S. Immigration and Naturalization Service, attesting to the fact that employment is legal according to Federal guidelines.

The Town is an equal employment opportunity employer and will not discriminate on the basis of color, religion, gender, national origin, ancestry, age, disability, or sexual orientation, or status in any other classification protected by applicable law.

All advertisements and employment notices shall contain the phrase Equal Opportunity Employer or the abbreviation EOE.

For each position, there shall be established minimum requirements as to the experience, education, licensing or other abilities and/or qualities considered necessary for satisfactory performance of the essential duties of the position.

(b) Pre-Employment- Prior to final appointment, new regular full time and part-time candidates selected for further consideration, will have their references checked by the Department Head, or Administrative Assistant. Such reference checks shall require prior approval of the candidate and the candidate will furnish the Town with a release (on a form approved by the Town) to hold the Town harmless from acting upon any information provided to it.

Then, unless (c) applies, the Department Head will recommend to the Board of Selectmen the best qualified candidate for the position.

(c) Medical Exam -- In addition, all candidates for Public Safety or manual labor positions will be required to

5 satisfactorily complete a post-conditional offer of employment medical examination performed by an approved physician paid for by the town. All candidates will be provided with a town approved form for this examination, which must be signed by the performing physician and returned to the Town.

(d) Probationary Period -- The first six months of employment for all new non-temporary employees of the Town shall be considered a Probationary Period. This period allows the employee an opportunity to get to know the Town and the position, and allows the employee's supervisor to appraise the employee's skills and abilities.

An employee is entitled to pay for holidays during the Probationary Period and may use sick leave as earned. An employee is entitled to insurance coverage as established by M.G.L. Chapter 32B.

(e) Grievance Procedure -- A grievance may arise out of an exercise of management rights, administrative discretion, interpretation of this Policy, or other similar dispute.

The first and second steps in this grievance procedure are informal efforts to resolve problems where they arise and with the parties directly involved; the third and fourth steps provide a means of further appeal to the Personnel Committee and to the Board of Selectmen. The employee may be accompanied by and represented by another individual at Step 3 or Step 4 of this procedure. He or she must include the name of the representative in the written requests submitted to the Personnel Committee (for a Step 3 hearing) and to the Board of Selectmen (for a Step 4 hearing).

The employee will follow the steps in the order described below; however the employee may contact the Personnel Committee directly if, for the particular grievance, it seems inappropriate for the employee to discuss the problem with the department head or supervisor. Also, the Administrative Assistant may be contacted at any time for additional information, guidance, or assistance in interpreting any part of this grievance procedure.

Step 1. Within thirty calendar days of the incident or the action causing the problem, the complaint will be discussed with the immediate supervisor, who in some cases will be the department head. The supervisor will provide the grievant in writing with a brief summary of the problem and a response to it within five calendar days following the meeting. (If the immediate supervisor is the department head, the next step in this procedure is Step 3; otherwise, Step 2 applies.)

Step 2. If the supervisor's reply does not resolve the problem to the employee's satisfaction, the employee may submit a written description of the complaint to the department head within five calendar days from the date of the supervisor' written response. The department head will discuss the situation with the employee and will provide the employee with a written response within seven calendar days following receipt of the written description of the complaint.

Step 3. If the department head's response does not resolve the problem to the employee's satisfaction, the employee may request that the complaint be reviewed by the Personnel Committee. The request to the Committee will be submitted in writing within fourteen days following the receipt of the response of the department head. The request will include the following:

(i) a description of the incident or action which caused the complaint and specifically what the complaint is, (ii) what the employee considers to be a satisfactory resolution of the matter, (iii) why the department head's and/or supervisor's decision is either unfair or fails to provide an adequate solution, (iv) the name of the representative if the employee has decided to be accompanied and represented by another individual at the Personnel Committee hearing.

Within seven days of receipt of the request for a hearing, the full Committee will hold a preliminary meeting to review the grievance and determine whether the grievance merits a full hearing. If the Committee determines that a hearing is warranted, it will designate the time and place for a hearing and all parties will be notified. During that hearing, the

6 Committee will review the entire case, may seek additional relevant information, and may interview any of the parties involved. The grievant or his/her representative will have the right to present information (both in writing and through witnesses) and to question others who have provided information.

The Committee will issue written findings and recommendations within a reasonable time with copies to all parties concerned.

If one of the parties in the grievance is the Board of Selectmen, then the decision of the Personnel Committee shall be final and binding on all parties.

Step 4. If the Personnel Committee’s response does not resolve the problem to the employee's satisfaction, the employee may request that the complaint be reviewed by the Board of Selectmen. The request to the Board of Selectmen will be submitted in writing within fourteen days following the receipt of the response of the Personnel Committee. The request will include the following:

(i) a description of the incident or action which caused the complaint and specifically what the complaint is, (ii) what the employee considers to be a satisfactory resolution of the matter, (iii) why the department head's and/or supervisor's decision and/or the Personnel Committee's decision, is either unfair or fails to provide an adequate solution, (iv) the name of the representative if the employee has decided to be accompanied and represented by another individual at the Board of Selectmen's hearing.

Within seven days of receipt of the request for a hearing, the Board of Selectmen will hold a preliminary meeting, and notify all parties of the meeting, to review the grievance and determine whether the grievance merits a full hearing. If the Board determines that a hearing is warranted, it will designate the time and place for a hearing and all parties will be notified. During that hearing, the Board will review the entire case, may seek additional relevant information, and may interview any of the parties involved. The grievant or his/her representative will have the right to present information (both in writing and through witnesses) and to question others who have provided information.

The Board of Selectmen will issue written findings and recommendations within a reasonable time with copies to all parties concerned. The decision of the Board of Selectmen shall be final and binding on all parties.

(f) Termination -- Employment with the Town has no specified term or length. Employees are free to resign at any time, and the Town reserves the right to terminate employment for any reason permissible by law.

(i) Voluntary Termination -- If one should resign from the Town, the Town would appreciate as much advance notice as possible so that arrangements can be made for a replacement. Usually, two (2) weeks written notice is sufficient, except if the employee is in a supervisory capacity, in which case the Town would appreciate a one (1) month written notice. If one resigns, he/she will be paid for accrued but unused vacation time. One will not be paid for any unused accrued sick leave or personal leave.

(ii) Involuntary Termination -- One is expected to meet standards of performance, attendance and behavior and to follow Town policies and procedures. An employee may be terminated for failure to do so.

If an employee is involuntarily terminated, he/she may appeal the decision following the grievance procedure. Probationary employees who are terminated have no recourse to utilize the grievance procedure.

Involuntarily terminated employees will be paid through the date of termination. He/she will receive pay for any accrued but unused vacation time. He/she will not be paid for any unused accrued sick leave or personal leave.

7 VIII. PERSONNEL POLICY

(a) No person shall be appointed, employed, or paid as an employee except on an emergency basis, in any position subject to the provisions of this Policy, under any title other than those of the classification schedule.

(b) Increases shall be given biennially in accordance with the wage compensation plan attached, exhibit A. Department Heads shall evaluate each subordinate employee’s performance annually.

(c) Each Department Head, may, if conditions warrant, employ persons on an emergency basis, for a period not to exceed two (2) calendar weeks without prior approval of the Board of Selectmen. The Department Head must explain this hiring at the next regular meeting of the Board.

(d) The Personnel Committee will present to the Board of Selectmen, by January 15th, the wage and salary ranges for all job classifications for Town employees for the following fiscal year.

IX. COMPENSATION WAGE PLAN - See Attachment A

(a) Classification Plan -- The Personnel Committee is responsible for the preparing and presenting to the Board of Selectmen, a position classification plan including a written definition for each position in the Town services which describes the duties, authority, and responsibilities characteristic of the position.

(b) Administration -- Each classified position is placed in a pay grade with those positions which are sufficiently similar with respect to difficulty, responsibility and character of work as to require the same amount of experience and training for satisfactory performance and pay within the established pay range.

(c) Position Description -- A position description is a written outline of responsibilities for each job in the classification plan. The position description will be standard for classifying individual positions and for determining when reclassification is warranted. The statement of the position descriptions are descriptive and not restrictive, and shall be reviewed annually to note any significant changes which may have taken place during the year.

(d) Reclassification -- Reclassification of positions will occur when the duties of a position merit transfer to another pay grade reflecting its duties, authority, and responsibility.

(e) Pay Plan -- The pay plan consists of pay grades directly related to the classification levels. Each pay grade shall have established minimum, midpoint, and maximum pay rates. No employee shall receive pay at any rate other than that rate which is within the pay range established for the classification level of her/his position, unless the Personnel Committee has first been notified, and is given fourteen (14) days to make its recommendation to the Board of Selectmen. The Personnel Committee shall recommend to the Board of Selectmen, changes in employee compensation resulting from such personnel actions as reclassifications, merit pay increases, promotions, demotions, and transfers because of abolishment, modification, or establishment of classes within the approved budget. Employees currently receiving a wage rate over the maximum of the recommended wage range will not have their wage rate reduced as a result of the classification study. f) Starting Rates -- An employee appointed to a position should normally be compensated at the minimum of the pay range. Subject to the approval of the Board of Selectmen, appointment at a wage rate above the minimum may be made based upon exceptional qualifications of the applicant or by a lack of qualified applicants available at the minimum rate.

8 (g) Rate of Pay for Promotion or Demotion -- When a regular employee is promoted from one grade to another he/she shall maintain their years of service

(h) Pay for Temporary Assignments Outside Her/his Clas sification -- When an employee is temporarily assigned to a position in a class with a higher pay range for forty (40) or more consecutive work hours, he or she shall be granted a pay increase equal to the rate for the next classification level at the same step for the duration of the temporary assignment.

(j) Call-back Pay -- Any regular, full-time employee called back to work after the end of a work day shall be paid for a minimum of three hours at one and one-half times the employee's base pay rate.

X. NON-DISCRIMINATION STATEMENT

The Town is fully committed to the concept and practice of equal employment opportunity. The Town will continue to strive for equality and hope to maintain this goal as the Town grows. Consistent with the Town's commitment to equal employment opportunity, all decisions pertaining to employment, compensation or advancement will be made based on sound business needs and without regard to race, color, religion, national origin, political affiliation, gender, age, handicap, marital, or veteran status.

Derogatory comments and objectionable conduct of a racist, ethnic, or sexist nature or those aimed at a person's handicap violate this Policy, the guidelines of equal opportunity, and the law. No employee is to be subjected to comments which are disparaging to his or her handicap, sex, racial or ethnic background.

XI. SEXUAL HARASSMENT POLICY

(a) Statement of Policy -- Sexual harassment of any employee, male or female, whether engaged in by managers, supervisors, or co-employees, is contrary to this policy and will not be tolerated. Violation of this policy will be grounds for immediate disciplinary action up to and including termination of employment.

(b) Policy Definition -- The Equal Employment Opportunity Commission has issued guidelines regarding sexual harassment in the work place. Under those guidelines, sexual harassment will be treated as unlawful sex discrimination in violation of Title VII of the Civil Rights Act of 1964.

"Sexual harassment" is defined by the Equal Employment Opportunity Commission guidelines as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or conduct of an individual's employment; (2) submission to or rejection of such conduct by an individual in used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

(c) Separate Sexual Harassment Policy, adopted on November 6, 1996 to be given to all employees at time of hiring and then yearly, with signed receipts from employees stating they received the policy. Receipts to be kept in Selectmen's care.

XII. PERSONNEL RECORDS

Personnel records of all Town employees shall be kept by the Board of Selectmen in the Town Hall. Records shall contain each employee's application for employment and any other pertinent data. It shall be the duty of each Department Head to furnish to the Board of Selectmen all information needed for the completion of this record.

9 Subject to a majority vote of the Personnel Committee, and the submittal of a written request to the Board of Select- men.

Each Department Head shall submit payroll officer with the weekly pay warrant, a time sheet for each employee. This time sheet shall specify the number of hours worked and any leave taken, as well as any pertinent information for the personnel records, as legally required. The Town Treasurer shall be responsible for maintaining a permanent record of the time worked.

An employee may request in writing a review of their personnel record. Upon the submission of a written request to the Town, the employee will be furnished with a copy of her/his record. If the employee disagrees with any information contained in her/his personnel records, he/she may submit a written statement explaining her/his position, which shall then become part of the permanent record.

XIII. BENEFITS

Regular part-time employees scheduled to work twenty (20) or more hours per week and who have worked continuously for at least sixty (60) days, are eligible for pro-rated sick, vacation, and holiday pay as outlined in sub- sections (b), (c) and (d) of this Section. They may also participate in the Town's Group Health Insurance Plan.

(a) Leave of Absence -- Reasonable requests for leaves of absence may be granted by the Department Head, with the approval of the Board of Selectmen. At their discretion, such leaves of absence shall fall into one of two categories:

(i) Personal -- Allowable only if the employee has exhausted her/his vacation and/or personal days and only if the work load permits and the absence of the employee will not cause undue hardship to the department. The maximum leave time is eight (8) weeks. This leave will be taken as unpaid leave. Employee benefits will not be provided to employees during unpaid leaves of absence for personal reasons.

(ii) Medical or Maternity -- Medical or maternity leave can be taken up to a maximum of eight (8) weeks either as unpaid leave or as paid sick leave, provided the employee has a sufficient number of sick days. Employee benefits will be provided during such leaves of absence. The Town agrees to abide by the Maternity/Adoptive leave provisions of M.G.L., Chapter 149, Section 105D and Family and Medical Leave Act of 1993.

(b) Sick Leave:

(i) The term "sick leave" shall apply to personal illness and disabling accidents that are not work-related. Sick leave is an excused absence due to a specified illness. Three (3) or more consecutive days of sick leave may require a physician's certificate to be submitted to the Department Head and the Board of Selectmen.

(ii) Only regular, full-time employees shall accrue sick leave. Sick leave shall be accrued at the rate of one (1) day per month, not to exceed twelve (12) days per year. Unused sick leave will be cumulative to a total of one hundred and twenty (120) days.

Regular Part-Time Employees will accrue sick time, as above, except on a pro rata basis.

(iii) Notification of absence due to illness must be made to the Department Head at least one (1) hour prior to the regular scheduled start time on the day of absence.

(iv) Injury, illness or disability self-imposed, or resulting from recreational use of alcohol or drugs,

10 shall not be considered a proper claim for sick leave under this Section.

(v) Upon termination of employment with the Town, all sick leave benefits, accumulated or otherwise, shall not be compensated for.

(c) Vacations – All full time and part time employees are eligible for vacation leave with pay. New employees may not use earned vacation time until their introductory period is completed. Temporary employees are not entitled to vacation pay. Employees may retain their annual vacation allotment plus one week at all times. Any vacation time accrued in excess of that amount will automatically be forfeited. Vacation entitlement for the first and last months of an individual’s employment shall be pro-rated on a calendar basis to the date of hire or termination, as appropriate.

Employees are required to take at least one week of earned vacation each year unless the Board of Selectmen or other Appointing Authority approves arrangements in advance. The employee’s immediate supervisor must approve request for vacation in excess of three consecutive weeks. Employees are encouraged to take vacation on a regular basis to allow for proper rest from the rigors of work. If vacation requests conflict, seniority will prevail only to the extent that the job duties are similar in nature. Employee’s immediate supervisor or the appointing authority reserves the right to deny any application for vacation should the requested time interfere with work volumes.

Vacation time may be used in hourly units, but all requests for vacation time shall be arranged with the employee’s immediate supervisor.

Vacation time does not accrue during periods of unpaid leave and hours worked in excess of forty hours. Any unused vacation time (not to exceed 200 hours) will be paid upon termination.

Vacation leave with pay shall be accrued as follows:

Service Accrual Equivalent Less than 2 years of service .01923 hrs/hour 1 week 2nd - 4th anniversary .038462 hrs/hour 2 weeks 5th - 9th anniversary .057692 hrs/hour 3 weeks 10th - 14th anniversary .076923 hrs/ hour 4 weeks 15th or greater anniversary .096154 hrs/ hour 5 weeks UPDATED 10/4/04

(d) Holidays -- All holiday pay is paid at an employee's regular daily rate. The holidays to which regular full-time employees are entitled with pay are New Year's Day, Martin Luther King's Birthday, Washington's Birthday, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving, Christmas, Columbus Day, and Patriot's Day. In order to qualify for holiday pay, an employee shall have worked on the last scheduled work day before and the day following such holiday, unless approved in advance by the Department Head and the Board of Selectmen. If a holiday falls on a Saturday, the day off shall be Friday; if it falls on a Sunday, the day off shall be Monday.

In the case where an employee is required to work on a paid holiday, the employee may receive compensatory time, or pay at the rate of two times the employee's normal hourly rate for the period of the holiday worked. The employee must state in writing to the Department Head which of these two options he prefers within seven (7) days; if he does not, he will be paid or a vacation day will be designated. Compensatory time off will be taken subject to the approval of the Department Head.

(e) Personal Days -- In addition to the paid holidays, all regular full-time employees, having completed six (6) months continuous service, are entitled to two (2) paid personal day. These personal days must be scheduled with the approval of the Department Head. Personal days cannot be carried over from year to year and they are forfeited when employment terminates for any reason.

(f) Jury Leave Days -- A regular, full-time employee called for jury duty, or to testify as a witness in a matter before a legal tribunal which involves the Town of Gill, shall be paid an amount equal to the difference between the

11 monies received from said tribunal, other than travel allowances, and the pay he or she would have received from the Town. If an employee is a party in a private law suit or if he/she is a defendant in a criminal action, he/she will not be paid by the Town to attend court proceedings, unless the employee uses personal days in conformity with that section.

(g) Military Leave --

(i) Active Duty -- If a Town employee in a regular, full-time position enlists or is drafted or is called to active duty to serve in the Armed Forces of the United States, then the Town will grant such employee a leave of absence without pay.

Upon satisfactory completion of active service in the Armed Forces of the United States, the employee will be restored to her/his former position or to a position of similar seniority, status and pay provided that business circumstances of the Town allow it and that the employee is still qualified to perform the duties of her/his former position or a position of similar seniority, status and pay. The employee must make application for re-employment within ninety (90) days after her/his discharge from military service or within one (1) year if the employee is hospitalized while on active duty.

(ii) Reserve Training -- If an employee is a member of an organized unit of the ready reserve of the Armed Forces of the United States which requires military training not to exceed seventeen (17) calendar days in any one (1) calendar year, he/she will be granted a leave of absence and paid the difference between her/his military base pay and her/his regular pay. The leave will not affect the normal accrual of vacation, personal, or sick leave credits. The employee's participation in the Town's health care and life insurance plans will not be affected.

(h) Bereavement Leave -- In the event of death in the immediate family of a regular employee who works in excess of twenty hours a week, the employee shall be granted three (3) days leave without loss of pay subject to the availability of a relief employee. Immediate family shall include parents, siblings, wife, husband, child, or foster or step parents, siblings, children, or brother, sister or parent-in-law.

In the event of the death of a past or present employee of the Town of Gill, regular employees may, at the discretion of the Department Head, be granted such time as necessary to attend the wake and funeral. Subject to the approval of the Board of Selectmen, such leave may be without loss of compensation.

Funeral leave shall in no way be related to regular vacation time or sick leave. The employee in question shall be responsible for notifying the Department Head.

(i) Insurance -- All regular Town employees shall be provided group health and life insurances as voted by the Town and as outlined under M.G.L., Chapter 32B.

(j) Retirement -- The retirement system and pensions as provided under M.G.L., Chapter 32, shall be applicable to all regular Town employees.

(k) Educational Assistance -- Full-time regular employees and part-time regular employees working at least 20 hours per week, who have worked for the Town at least one year are eligible for reimbursement for tuition, registration fees, and books for work-related courses which serve to improve their knowledge and skills and increase their performance with the Town. Approval for the particular course must be requested prior to enrollment in order to be eligible for reimbursement, and in order to qualify must have the recommendation of the Department Head and approval of the Personnel Committee. Approval is subject to the availability of sufficient municipal funds. Reimbursement shall be made upon successful completion of the course or program. The Town may require the employee to sign an agreement to remain with the Town for a period of up to two years after completion of the course, or else be willing to reimburse the Town for the funds.

"Successful completion" of a course shall mean a minimum grade of B- (or equivalent) for a graduate/professional

12 degree course and a minimum grade of C (or equivalent) for a high school, undergraduate, or continuing education course.

(l) Longevity Pay - - All regular full time employee’s of the Town of Gill who qualify under the following provisions shall be eligible to receive longevity pay.

(i) To be eligible to receive this benefit, the service to the town must be continuous with the exception of pregnancy and military leave. Longevity will be computed using the employee’s permanent, full-time anniversary date for length of service. (ii) Benefit to be received on the payroll immediately following the anniversary date of employment in the Town of Gill using the following guidelines:

Anniversary date of 10 years - $250 annually 15 years - $500 annually 20 years – $750 annually 25 years – $1000 annually

XIV. REPEAL AND AMENDMENT OF THIS POLICY

In order for this Policy to be altered, repealed, or amended, the Personnel Committee must first review the proposed change at a meeting called for that specific purpose. The Personnel Committee shall schedule a meeting to consider the proposed change within 21 days of the receipt in writing of the proposed change. The Personnel Committee must then forward its recommendation to the Board of Selectmen within 60 days of the meeting.

After receipt of the recommendation of the Personnel Committee, or if the Personnel Committee should fail to consider the proposal within 21 days of the written receipt of the proposal, or fail to forward its recommendation within 60 days of the meeting, the Board of Selectmen may review the proposed change and take action, at any Selectmen's meeting specifically called for the purpose, if a notice stating that the proposed change is to be considered at the meeting has been posted in the town hall, and forwarded to each member of the Personnel Committee.

XV. SEVERABILITY

If any provision of this Policy shall conflict with any Federal or State statute or Wage and Hour Law or regulation applicable to any position, or any other law, it shall be deemed modified by the law or regulation. The invalidity of any provision hereof shall not be construed to invalidate any other provision of this Policy.