Section or Page number(s) changed	Description of change
Cover page	Added revision date
Table of Contents	Inserted updated TOC
Added revision summary page	Describes changes made by each revision to the document, to make it easy to see quickly just what was changed.
Section 5.9	Section title changed to “Tardiness and Reporting to Work” instead of “Tardiness and Failure to Report to Work”; added statement about importance of not leaving a message but to speak directly with supervisor or someone in charge when you anticipate being late or out of work.
Section 6.7	substituted “earned” for “accrued”; substituted “rates” for “Schedule”; changed earned vacation in “0” to 5 years to “.5” to 5 years of service to clarify the expectation that an employee must work 6 months before earning 2 weeks vacation.
Added Section 6.10.1	Extended Sick Leave is a new policy section added
Added Section 6.11	Returning to Work After Sick Leave is a new policy section
Pg 42	Added revision date of policy to list of dates the policy has been revised.
Attachment E	Added revision date to the form to acknowledge receipt of policy.
Attachment G	Added documents regarding Job Classification System
Attachment H	Added new form “Return to Work Plan” that accompanies the new Return to Work policy in Section 6.11.

1.0 General Provisions

1.1 Scope and Authority

Personnel policies contained in this manual apply to all employees of the Town except elected officials and those individuals who serve in a voluntary capacity such as on a board or committee, and employees under the direction of the Mohawk Trail Regional School District (MTRSD). The Selectmen reserve the right to change personnel policies. When possible and as a courtesy, any changes in policies may be circulated to employees for comment prior to the formal promulgation.

This Personnel Policy shall be administered by the Board of Selectmen, who may establish procedures as necessary to fulfill this charge. The Board of Selectmen may from time to time, make and issue interpretations and regulations, and may make exceptions, consistent with the provision of the Personnel Policy and necessary for its administration.

Each provision of this policy shall be construed as separate to the extent that if any part of it shall be held invalid for any reason, the remainder shall continue in full force and effect.

1.2 Definitions

Town - Town of Heath

Appointing Authority - The Board of Selectmen is the appointing authority for all appointed Town positions excluding employees of the Mohawk Trail Regional School District.

Benefit Eligibility - Regular employees are eligible for benefits according to terms of policies approved by the Board of Selectmen and/or by Town Meeting for those benefits governed by law.

Continuous Employment - Employment uninterrupted except for required military service and for authorized vacation, sick leave, and other approved leaves.

Employee—Persons hired to work for the Town, employees shall be regular, part-time and temporary. See “Work Status”.

Elected Official - . An elected person chosen for a position in a Town election, or appointed to such a position to fill a vacancy.

Appointed Officials - An appointed person chosen when an elected official leaves a position other than at the customary time of election. The replacement will be appointed in accordance with state statutes. The compensation for appointed officials shall be handled similarly to Elected Officials.

Town Appointee - The customary time for the Selectmen to appoint Town Appointees is July 1 of the fiscal year following the Annual Town Meeting. There may be turnover in positions of Town Appointees such as the Town Accountant, Post Office Clerk, Police Chief, etc. which require training by the incumbent. In such cases, every effort will be made to appoint the replacement prior to the incumbent leaving in order to allow for training time. It is the responsibility of the Selectmen to consider payment for training time as appropriate.

Work status definitions:

Full Time Employee – An employee who works 40 hours per week throughout the year. An employee in this category is entitled to all benefits as defined in this document. Hours worked as an elected official may not be combined with hours worked in an appointed capacity in determining the employee’s status

Regular Part Time Employee - An employee who works at least 20 hours per week throughout the year. An employee in this category is entitled to all benefits on a pro-rated basis in relation to the regular number of hours worked in the appointed position and as defined in this document. Hours worked as an elected official may not be combined with hours worked in an appointed capacity in determining the employee’s status.

Temporary and Seasonal Employee - An employee in a full or part time position which is not likely to require the services of the employee on a year-round basis. Seasonal employees and employees hired for a specific project are considered temporary employees.

(Insert definition of Stipend Employee)

Exempt/Non-Exempt Employee - Pursuant to the Fair Labor Standards Act, 29 USC, Section 201-216, there shall be exempt and non-exempt employees. An exempt employee is a salaried employee who earns more than $455/week and is employed in an executive, administrative, or professional capacity and is not generally entitled to overtime pay if s/he meets

one of the following criteria:

Executive: Primary duty is to manage a department, direct the work of other employees and participate in the hiring, firing, promotion, or other decisions affecting the status of an employee.

Administrative: Primary duty is office or non-manual work directly related to management policies of directly assisting an executive that includes the exercise of discretion and independent judgment with respect to matters of significance.

Professional: Primary duty is office or non-manual work that requires advance knowledge acquired by specialized study, work is intellectual and the result is not standardized. Or requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.

A non-exempt employee is a safety employee who is a “first responder” or one whose primary duty is not executive, administrative, or professional in nature and who, whether paid a salary or hourly wage, is entitled to overtime pay whenever, his/her actual hours of work exceed 40 in the standard work week. Once the standard work week is established, it may not be changed in order to avoid payment of overtime (See detail on Section 4.3).

Immediate Family - The immediate family shall include the employee’s spouse, child, parent, brother, sister, parent-in-law, child-in-law, or other relative residing in the employee’s household.

1.3 Amendments

These Policies may be amended by the Board of Selectmen.

1.4 Personnel Officer

The Town Coordinator shall serve as the Personnel Officer for the Town, and will carry out the personnel system under the direction of the Selectmen. The Personnel Officer shall provide assistance and training to appointing authorities and department heads to ensure that recruitment, selection, appointment and retention of employees, maintenance of the classification plan and salary schedule, application and periodic review of personnel policies, and administration of a problem resolution system are accomplished in ways that are consistent with these policies. The personnel officer shall supervise the maintenance of a personnel record keeping system. The Personnel Officer shall bring to the Board of Selectmen’s attention issues or matters requiring their attention in the administration of these policies.

2.0 Recruitment

2.1 Posting and Advertising

For all appointed positions, the Town shall make every effort to attract and employ qualified persons. The Board of Selectmen and appropriate department heads and shall be responsible for the recruitment and selection of personnel. The qualifications and compensation shall be in accordance with this policy.

The Board of Selectmen, upon the identification of a vacancy or on the authorization of a new position, shall prepare a job vacancy notice which includes the job title, major duties of the position, qualifications, salary, closing date for applications, and any pertinent instructions to applicants. Advertising should be adequate to ensure a sufficient number of qualified applicants. However, in all circumstances, the Board of Selectmen shall ensure that notices of vacant positions are posted on the Sawyer Hall Bulletin Board for at least one week prior to closing applications for the position.

For elected positions, the Board of Selectmen shall make available a description of the major duties of the position, qualifications, and the citation of any laws governing the duties and responsibilities of the elected position.

The Board of Selectmen will periodically review and update job descriptions in order to accurately reflect the duties being performed by employees.

2.2 Equal Employment Opportunity/Affirmative Action

The provisions in these policies shall be applied equally to all employees without discrimination as to age, sex, marital status, race, color, creed, national origin, disability, veteran status, military status, or sexual preference.

The policy of the Town is to:

a. Recruit, hire and promote in all job classifications without regard to age, sex, marital status, race, color, creed, national origin, disability, veteran status, military status, or sexual preference.

b. Make decisions about employment so as to encourage the development of a diverse workforce.

c. Ensure the employment and promotion decisions are made in accordance with the principles of equal opportunity, by imposing only valid, job-related requirements for employment and promotional opportunities.

3.0 Hiring

3.1 Competency Examination

The Board of Selectmen may require an examination as one part of the selection process and such examinations may be written, oral, practical, or any combination thereof and shall be relevant to the requirements of the position as described by the job description.

3.2 Employment

All individuals applying for employment in the Town shall complete an official employment application form and return the form to the appointing authority by the closing date for applications.

3.3 Reference and Background Checks

An applicant’s former employers, supervisors, and other references may be contacted as part of the selection process. References shall be documented and written references made part of the applicant’s file. Confidential references shall be kept in a confidential file by the Board of Selectmen. All reference checks shall be completed prior to the offer of employment. However, the offer of employment may be conditional upon the passing of a background investigation, physical examination, or any other reasonable job related procedures.

The application, documentation of reference checks and related documents shall be maintained by the Board of Selectmen. The Board of Selectmen shall maintain application records for the period required by law. The Board of Selectmen, Department Heads, and Town Treasurer shall, to the extent possible, maintain the confidentiality of all applicants and of confidential references.

3.4 Employment Eligibility

The Town’s policy with respect to employment eligibility is set forth in accordance with the Immigration Reform and Control Act of 1986 that requires that employers verify the employment eligibility of prospective employees. This law sets forth the requirements for eligibility to work in the United States.

It is the policy of the Town that new employees must provide proof of authorization to work in the United States prior to beginning employment with the Town as mandated by federal law. After making an offer of employment, the Treasurer should verify the candidate’s eligibility to work in the United States, using the “Employment Eligibility Form” (I-9 Form).

The Treasurer should outline the purpose of the form and give the candidate the Employment Eligibility Information Sheet. The Treasurer should complete the I-9 form and verify the documentation submitted as instructed on the form.

Prospective employees must sign the I-9 form and provide the appropriate documentation on the first day or prior to beginning work. The Board of Selectmen should stress during the interview that all offers of employment are contingent on the candidate’s providing the Town with the appropriate documentation prior to being placed on the payroll. This statement should be included in the offer letter, where applicable. Documentation provided with the I-9 should be photocopied and attached to the I-9. Such documentation will not become a part of the employee’s personnel file, but will be maintained by the Personnel Officer in chronological order.

3.5 Offer of Employment

All appointments shall be made by the Board of Selectmen and shall be in writing. The salary, starting date, and any appropriate information shall be included in a written letter. An applicant who accepts an appointment and fails to report to work on the starting date as set by the Board of Selectmen, shall be deemed to have declined the appointment and the offer of employment may be withdrawn.

The Board of Selectmen shall inform new employees of their rights, responsibilities, duties and obligations. All benefits and options shall be explained to the employee and the employee shall be assisted with the completion of appropriate forms. The employee shall be provided with a copy of the Personnel Policies and shall receive on-site training and orientation regarding specific rules, regulations, policies and procedures of the employee’s assigned department, including the safety policies and procedures.

3.6 Hiring Documentation

Prior to the employee’s first day of work, documentation should be compiled and forwarded to the Personnel Officer, who will create an employee file, The Personnel Officer will forward necessary documents as appropriate to the treasurer. Documentation shall include:

Application for Employment/Resume

Payroll Authorization Form

b. Employment Eligibility Form (I-9)

c. Pre-Employment Physical Examination Form (if applicable)

d. Confidential Employee Information Form

On the first day of employment, or at the latest during the first week of employment, the employee will be required to submit the following documentation to the Personnel Officer:

a. W-4 or W-4A tax withholding form;

b. Retirement form 101;

c. Birth Certificate;

d. Basic and optional life insurance enrollment form or waiver;

e. Health insurance enrollment form or waiver;

f. Annuity/deferred compensation enrollment form (optional);

g. Section 125 “Cafeteria Plan” benefit waiver

3.7 Pre-Employment Physical Certification

Every applicant for permanent appointive employment by the Town shall provide a certificate from a licensed health care provider indicating that the applicant is physically able to perform the duties of the job.

3.8 Probationary Period

The first three months of employment of non-exempt and exempt employees shall be considered a probationary period. This period allows the employee an opportunity to learn about the Town and the position as well as allows the supervisor to appraise the employee’s skills and abilities. Employees who leave the service of the Town during, or at the end, of this three month period shall not be entitled to any accrued vacation time. An employee is entitled to pay for holidays during the probationary period but is not eligible for sick or vacation leave until the end of the probationary period. Upon expiration of the probationary period, the Board of Selectmen shall notify the probationary employee that:

1) The employee’s performance meets satisfactory standards and that the individual will be retained in the position; or

2) The employee’s performance, due to extenuating circumstances, requires additional observation and that the probationary period will be extended an additional period of time not to exceed three months; or

3) The employee’s performance, attitude, or conduct was unsatisfactory. In such case, the specific reason(s) shall be cited and the employee informed that removal will occur.

The employee, at any time, may be removed by the Board of Selectmen if it is revealed that the employee intentionally falsified information relating to the application for employment, was unable or unwilling to perform required duties, or displayed conduct, habits or lack of dependability which did not merit continuing the employee in the position. The employee shall be notified in writing of the reason(s) for the removal and the effective date of the action.

3.9 Temporary and Seasonal Employment

The Board of Selectmen may appoint temporary and seasonal employees. Temporary and seasonal employees are not entitled to benefits such as health insurance, paid holidays, accrued leave, or step raises, regardless of the number of hours worked per week. (See “Work Status” in section 1.2 of this Policy)

3.10 Employment of Minors

The Town will comply with all Federal and Commonwealth of Massachusetts laws in the area of child labor, particularly with regard to working hours and restrictions from certain work activities. Minors 14 years old and younger may not be employed by the Town.

Minors sixteen (16) years of age and older may not work more than nine (9) hours per day, nor more than forty-eight (48) hours per week. Such minors may not work between 10:00 p.m. and 6:00 a.m. Such minors must submit an educational certificate that they have obtained from their school or the Superintendent of Schools in the town where they live. Minors sixteen (16) years of age and older may perform most types of work, except work involving hazardous occupations as established by the State and Federal Secretaries of Labor (see Attachment B)

Minors fourteen (14) and fifteen (15) years old must have on file an “Employment Permit” from their school or the Superintendent of Schools in the Town where they live. Such minors may not be employed during school hours (unless as part of a qualifying “work experience program”). Such minors may not be employed between 7:00 p.m. and 7:00 a.m. (except that from July 1 through Labor Day they may work until 9:00 p.m.). Such minors may not be employed:

· More than three (3) hours per day on school days;

· More than eighteen (18) hours per week in school weeks;

· More than eight (8) hours per day during a period of not more than nine (9) consecutive hours on non-school days;

· More than forty (40) hours per week; or

· More than six (6) days in a week.

Minors under age eighteen (18) are prohibited from hazardous occupations listed in Attachment A.

Minors of fourteen (14) and fifteen (15) years are prohibited from working in the occupations listed in Attachment B.

The Town must keep posted in a conspicuous place, in the room where such minors are employed or report to work, a printed notice or schedule stating the number of hours such minors are required or permitted to work on each day of the week, the total number of scheduled hours for the week, the hours commencing and stopping work, and the hours when the time allowed for meals begins and ends for every day of the week.

4.0 General Administration

4.1 Job Classification Plan and Salary Schedule

The Board of Selectmen shall establish a uniform job classification system, which appears as Attachment G to these Policies.

4.2 Classification Plan Description

The position classification plan for full time and part time employees is based on similarity of duties performed and the responsibilities assumed so that the same qualifications may be reasonably required for, and the same schedule of pay may be equitably applied to, all positions in the same class. No employee may be appointed to a position not included in the classification plan. Persons in stipend type positions, all of which are part time and the majority of which are elected, are not included in the rating system.

4.3 Elected Officials:

Salary payments to such elected officials shall cease on the day of resignation or termination, and start on the day of swearing-in. Monies to such officials shall be pro-rated for the month of swearing-in as appropriate and shall be calculated as a percentage of the number of days of entitlement divided by 30 days. A month’s salary shall be the basis used times the percentage due. If training is necessary, the Selectmen may approve the payment for such overlapping periods of time as appropriate.

4.4 Rating System

Job Descriptions for each position are prepared with input from employees and supervisors. The rating system consists of thirteen (13) factors with numerical values that measure and establish the grade for positions. The classification plan shall cover and include all Town departments and positions in the Town, other than positions under the direction and control of the MTRSD and positions filled by popular election. When necessary, the Board of Selectmen, after consultation with appointing authorities, as in the case of Library Trustees, may establish temporary classifications with related compensation.

The Board of Selectmen is responsible for establishing the value of positions. Labor market survey data of certain Franklin County Towns with similarities to the Town of Heath is used in part as a guide in establishing the value and competitiveness of position grades. The Board of Selectmen may adjust the grades of positions as time and circumstances dictate. The minimum qualifications for all classes of positions shall be prescribed by the Board of Selectmen.

4.5 Compensation Plan/Policy

The compensation plan for all regular positions consists of a schedule of pay grades consisting of a range of pay for each grade with a point at one third of the grade that represents meeting the requirements of the position. Annual and merit increases are awarded by the Board of Selectmen within the range of the pay grade The compensation of elected officers of the Town shall be established annually by vote of the Town Meeting, as required by General Laws, Ch. 41, S. 108.

Stipend type positions have a fixed annual value that can be paid periodically. Persons accepting stipend type positions agree and understand their compensation may represent a fraction of the actual value of the services rendered. The Board of Selectmen may adjust the value of stipend type positions as time and circumstances dictate.

Employees in part time exempt type positions less than twenty hours per week are paid rates commensurate with the estimated time required for the position. Persons in part time non-exempt positions less than twenty hours per week are paid at rates for the position for the number of hours worked.

Normally, increases in compensation are awarded on July 1 after the Annual Town Meeting has approved a budget. There may be times when budget constraints prevent increases.

New employees are paid at rates within the job grade range as determined by the Board of Selectmen in consideration of the qualifications of the new employee. Further, a new, regular employee, i.e. one who works 20 hours per week or more, is normally given an increase after fulfilling their probationary period with satisfactory performance. Thereafter, he/she falls into the July 1 increase pattern.

Employees may inquire about the value of their position by contacting the Personnel Officer via their supervisor.

4.6 Salary Adjustments

It shall be the responsibility of the Board of Selectmen to fill all vacancies and to set rates of compensation. Wage and salary increases shall be based upon meritorious performance and/or cost of living increases. The employee’s department head, or supervisor, shall evaluate each subordinate employee’s performance.

The Board of Selectmen will evaluate the recommendations for the wage and salary increases for town positions and/or cost of living increase for the following fiscal year. The Board of Selectmen shall also be responsible for presentation of its recommendations to the Annual Town Meeting.

The amount and method of compensation for town positions that receive a fee, or portion of a fee for services or inspections shall periodically be reviewed by the Board of Selectmen to ensure that such income is considered and is an equitable part of the total compensation for the position.

4.7 Compensation Terms

Overtime and Compensatory Time: Payment for overtime shall be in accordance with the terms of the Fair Labor Standards Act of 1938, as amended. If an assignment requires work in excess of forty hours per week, such overtime work must be authorized in advance by the department head or the Board of Selectmen.

Non-exempt employees shall be paid one and one-half times their regular hourly rate for Saturday, Sunday, Holidays and the hours worked beyond eight hours in a twenty-four hour period. For purposes of computing overtime pay, holidays, vacation, sick, personal or bereavement days taken during the work week shall not be considered as time worked. (NOTE: Under the FLSA, 29 USC 207(e), hours of service for purposes of overtime or compensatory time does not include vacation, holiday or sick time, whether paid or unpaid. Rather, overtime or compensatory time is based on hours actually engaged in work for the employer.) Leaves without pay are excluded from any such compensation. Compensatory time may be taken in lieu of overtime pay, at the rate of time and one-half, only by mutual agreement of both the employee and the supervisor prior to overtime hours being worked. If such an agreement is made, then compensatory time should be taken within thirty days of being earned unless further delay is approved by the Board of Selectmen.

Executive, administrative, and professional employees are exempt from the Fair Labor Standards Act and are not eligible for overtime pay or compensatory time off.

Call Back Pay: If a full time, non-exempt, employee is recalled to work after normal hours, they will receive a minimum of two hours of pay at time and one-half.

Payroll: With regards to the weekly pay warrant, each department head/employee shall submit to the Town Accountant a time sheet for each non-exempt employee. This time sheet shall specify the number of hours worked and the hours of work and any holiday, vacation, sick, or personnel time used. Non-exempt employees are paid on a weekly basis for the previous week worked. Exempt regular employees are normally paid on a monthly basis while Town officials paid by stipends are normally paid on a bi-annual or annual basis.

4.8 Drive Time

Assignment of work hours in extreme conditions shall not exceed sixteen hours within a twenty-four hour period.

4.9 Performance Appraisals

The Town will utilize a Performance Appraisal system in order to accomplish several goals: to continuously improve the effectiveness and efficiency of Town services; to provide an opportunity for two-way communication and planning between employees and supervisors; to assist employees in increasing the effectiveness of their job performance; to provide a mechanism for the establishment of individual department goals; to serve as the basis of acknowledging employee’s accomplishments and recognizing employee’s potential need for guidance, training, and/or support; and to provide documentation of employee performance to serve as the basis for salary adjustments and personnel actions.

It is the policy of the Town that all full-time and permanent part-time employees will be evaluated on an annual basis. Additionally, employees who are nearing the end of the probationary period will be evaluated prior to the determination as to whether the employee should be retained on a permanent basis.

4.10 Promotion and Transfers

Each employee in a position for which step rates are provided will be considered for an increase in compensation to a higher rate for that position after completion if the required period of continuous service and an annual performance evaluation of M (meets expectations), E (exceeds expectations),or CE (consistently exceeds expectations).

4.11 Holidays and Holiday Pay

Employees scheduled to work on a continuing basis for 20 or more hours per week are eligible for Holiday Pay. The following are paid holidays:

New Year’s Day Martin Luther King, Jr. Birthday

President’s Day Patriot’s Day

Memorial Day Independence Day

Labor Day Columbus Day

Veterans Day Thanksgiving

Christmas Day Christmas Eve one half day

The Post Office will be closed for each of the above holidays, except Patriot’s Day which is not a Federal holiday.

Holiday pay for full-time employees shall be eight (8) hours pay. Holiday pay for employees working less than 40 hours, but more than 20 hours per week, shall be the prorated schedule of hours (or the employee’s regularly scheduled hours for that week day that the holiday falls on). Temporary seasonal employees shall not receive holiday pay.

Holidays falling on Saturday shall be observed on Friday and holidays falling on Sunday shall be observed on Monday. Should the employee be required to work on the holiday, he/she shall receive either compensatory time or compensation on a time and one half basis for every hour worked.

4.12 Injury While at Work

The following procedures shall be followed in order to comply with the policies of the Town, Workers Compensation Policy and relevant state statutes with regard to work-related illnesses or injury.

4.12.1 Initial Treatment

1. Any employee who, while working, becomes ill or injured because of his/her duties and who requires immediate medical care shall be treated by any available first aid responder and when applicable “911” called if emergency treatment seems necessary. The employee may obtain subsequent medical care as required from a provider of his/her choice.

2. The initial treating physician or his/her designee will complete an occupational health report to identify any necessary work restrictions or modifications.

3. The injured employee or the treating physician shall forward a copy of the initial occupational health report to the respective supervisor as soon as practicable and prior to any lost work days, or returning to work with or without work restrictions.

4.12.2 Reporting

1. Whether or not medical attention is sought, each employee who suffers an alleged work-related illness or injury must complete the accident report form approved by the Town and submit it to the respective supervisor within 24 hours of illness or injury, except in emergency situations.

2. It is the employee’s responsibility to notify his/her supervisor of the illness or injury.

3. An employee who files a lawsuit or claim against a third party in connection with a job-related injury must notify the respective supervisor in writing at the time the suit is filed.

4. It is the responsibility of the supervisor to provide notice of employee injury to the Town Coordinator

5. The Town Coordinator is responsible to contact the Board of Selectmen as soon as practicable in the event of a serious employee injury or hospitalization.

4.12.3 Workers Compensation and Return to Work

1. Workers Compensation benefits apply only to work-related illness and injury and will be administered in accordance with the policies of the towns’ Workers Compensation insurance carrier.

2. All employee medical information will be kept strictly confidential in accordance with State law.

3. An employee who may be out of work or require work restrictions during the recovery period must provide medical certification from his/her treating physician documenting the nature of the injury/illness, the prognosis for further treatment and expected return to full work capacity, and the physician’s opinion as to causality. Such documentation is to be presented to the employee’s supervisor as soon as practicable and prior to any lost work days, or returning to work with or without work restrictions.

4. An employee returning to work after illness or injury may be required to submit to a physical or psychological examination by a Town-designated medical provider at the expense of the town, prior to being permitted to work in the event of a need to verify that the work will not compromise the employee’s health and safety and recovery.

4.12.4 Convalescence and Successful Recovery

1. An employee who has been placed on work restrictions or is approved to be out of work for medical purposes shall not engage in any gainful employment without providing written permission of the employee’s treating physician to the supervisor.

2. When so requested, an employee who has been placed on work restrictions or is approved to be out of work for medical purposes shall report for physical/psychological examinations at the Town’s expense, including Independent Medical Examinations (IME’s) at reasonable intervals to determine whether the treatment being sought is appropriate or whether the employee is still incapacitated.

3. An employee who has been approved for out of work status or placed on work restrictions shall comply with all requests for information, or other medical case management requirements, related to the illness/injury, by the Town or its designated occupational health consultant or case manager.

4.12.5 Sanctions

Failure to comply with the Injury at Work procedures contained herein, after written notice of such failure and steps to be taken to correct such failure have been given and a reasonable time allowed for compliance, may warrant disciplinary actions up to and including termination.

4.13 Personnel Records

A centralized personnel file shall be kept for each employee. Such files shall include applications, evaluations, reports, and records pertinent to an employee’s employment. To ensure the uniformity and confidentiality of employee personnel files, content of and access to files is limited and shall be controlled in accordance with this policy.

It is the policy of the Town that all employees shall comply with the laws governing public records and confidential information. No employee shall knowingly or willingly release confidential personnel information, nor shall employees refuse to provide public information. There is a diminished expectation of privacy for public employees.

4.13.1 Content

Pre-employment documents such as applications, resumes, required licenses, offer of employment letters, copies of transcripts or diplomas, pre-employment physical reports, military discharge documentation, Civil Service certifications, and other similar materials shall be included in the personnel file.

Post-employment documents such as performance appraisals, disciplinary action notices, physician’s statements, commendations, Civil Service promotional certifications, copies of information sent to the employee, or to third parties about the employee, etc. shall be included in the personnel file. When post-employment information is inserted into an employee’s personnel file (excluding routine paperwork), he/shall be given a copy of such material by the appointing authority.

The supervisor or Board of Selectmen shall determine whether a report or record will be placed in the employee’s personnel file, except for information submitted by the employee him/herself in rebuttal. Any material submitted by a person other than the supervisor or Board of Selectmen (excluding routine paperwork) shall be forwarded to the supervisor or Board of Selectmen for his/her approval prior to insertion into the file.

All medical-related information will be kept segregated within the individual personnel file

4.13.2 Removal

Once inserted into an employee’s personnel file, documents may only be removed if there is a clear and compelling reason to do so. The employee must make such requests. The employee should forward a request to the Board of Selectmen who will review and forward the request to release the document(s), and a letter of support or denial, to the Town Coordinator.

4.13.3 Location and Security

Employee personnel files will be maintained at Sawyer Hall under the supervision of the Town Coordinator who will be responsible for their safety and security. It is the responsibility of the appointment authority/department manager to forward all relevant documents to the Town Coordinator for inclusion in the official file. Department managers may keep duplicate copies of personnel records. However, these personnel records maintained in remote locations are considered to be part of the employee’s personnel record and must be shown to the employee upon request. In addition, Department Heads who elect to maintain such personnel records must comply with the provisions of these policies to insure the confidentiality of the records.

4.13.4 Access

An employee, upon written or verbal request and in the presence of the Town Coordinator or designee, may review, add rebuttal to a particular document, or be provided with a copy of all or part of his/her personnel file. An employee now or formerly in the employ of the town may see and or receive a copy of his or her personnel records by asking in person or in writing.

Other individuals authorized access to employee personnel files include: the Town Coordinator, attorneys of an employee who have written authorization from the employee, the department manager or employees’ supervisor, attorney or agents representing the Town, and third parties in response to a court order.

A subpoena or court order requires the appearance of the named individual, such as the keeper of records, and may also require those individuals to bring to a court appearance certain employee records which they have in their possession. Any employee who receives a subpoena or court order requiring personnel or payroll information should contact the Board of Selectmen immediately. The Town will only release confidential personnel information in response to a court order. The employee will be notified by the Board of Selectmen in the event that confidential employee data is released in response to a court order.

Authorized employees may respond to requests for verification of employment from banks, mortgage companies, credit card agents, etc. by providing basic public information such as length of service and salary rate. Employees who receive requests for personnel information other than employment verification, even that which is public record, should refer such requests to the Board of Selectmen or his/her designee.

4.14 Weather and Emergency Events

If a snow or other weather-related event occurs before or during morning commute hours, employees should take a reasonable amount of time necessary to arrive at work safely. Employees who prefer to use accumulated leave time, in lieu of reporting to work, should be allowed to do so.

4.15 Children in the Workplace

Town employees are required to obtain permission of a member of the Board of Selectmen to bring children to work in the case of necessity.

4.16 Voluntary Termination of Service

If an employee should resign his/her position with the Town, the employee should give as much advance notice as possible so that arrangements can be made for a replacement. Normally, a two week notice is sufficient, except if the employee is in an exempt status, in which case the employee should give at least one month written notice. If an employee resigns, he/she will be paid for accrued but unused vacation time. An employee will not be paid for any unused accrued sick or personal leave.

An employee who terminates employment in good standing, and who is subsequently re-employed by the Town within two years of departing, shall be eligible for restoration of the vacation time accrual rate to which he/she would otherwise have been entitled prior to the interruption of service.

5.0 Standards of Conduct

5.1 General Conduct and Standards

Town employees shall avoid any action which might create the impression of using public office for private gain, giving preferential treatment to any person, or losing impartiality in conducting town business. Employees are expected to conduct themselves in a manner which in no way discredits the town, public officials, or fellow employees. Employees must abide by federal, state and local laws and regulations, including, but not limited to, Massachusetts General Laws Chapter 268A.

Failure to behave in a manner consistent with the standards of conduct and policies included herein may result in disciplinary action being initiated against the offending employee.

This policy applies to all paid, appointive employees other than those positions under the supervision and control of the MTRSD. Employees whose employment is subject to Massachusetts Civil Service Laws are subject only to those provisions in this order which are not specifically regulated by Civil Service Laws.

5.2 Non-Discrimination

The Town recognizes the right of individuals to work and advance on the basis of merit, ability, and potential without regard to age, sex, marital status, race, color, creed, national origin, disability, veteran status, military status, or sexual orientation. Non-discrimination and equal opportunity are the policy of the Town in all of its employment programs and activities.

Toward this end, the Town commits itself to take affirmative measures to ensure equal opportunity in the areas of recruitment, hiring, promotion, demotion or transfer, layoff or termination, rates of compensation, in-service training programs, and all terms and conditions of employment. The town is committed to fostering and encouraging a workplace comprised of individuals of diverse backgrounds, age, sex, marital status, race, color, creed, national origin, disability, veteran status, military status, and sexual orientation.

The policy of the Town is to:

b. Make decisions about employment so as to encourage the development of a diverse workforce.

c. Ensure that employment and promotion decisions are made in accordance with the principles of equal opportunity but imposing only valid, job-related requirements for employment and promotional opportunities.

d. Ensure that all other personnel actions such as compensation, benefits, transfers, layoff, recall, training, and social and recreational programs will be administered without regard to age, sex, marital status, race, color, creed, national origin, disability, veteran status, military status, or sexual orientation.

e. Prohibit any kind of harassment based on age, sex, marital status, race, color, creed, national origin, disability, veteran status, military status, or sexual orientation.

No retaliatory action against those persons who file complaints of discrimination or against individuals who cooperate in such investigations will be tolerated. Violation of this policy will lead to appropriate disciplinary action up to and including termination from Town service.

Anyone who feels that he or she has been discriminated against by the Town on the basis of age, sex, marital status, race, color, creed, national origin, disability, veteran status, military status, or sexual orientation in employment practices may file a grievance in accordance with the procedures described in Section 5.4 of this document.

5.3 Disciplinary Policy

All employees are responsible for observing regulations necessary for proper operation of town departments. Disciplinary action shall be the responsibility of supervisors, department heads, and the Board of Selectmen who shall exercise their responsibility with discretion and with concern for the employee.

These guidelines are intended to serve as guidelines only in the determination as to when disciplinary action is appropriate and what form it should take. The Town will determine in each individual case whether the circumstances warrant a more severe form of discipline than indicated in these general guidelines. In making the decision as to what form of disciplinary action to take, the Town will consider all relevant factors, including but not limited to the circumstances of the particular infraction; the seriousness of the incident; the employee’s overall employment records; and the detriment to the Town, its employees, residents, or visitors as a result of the infraction. This disciplinary policy does not constitute a contract or grant contractual rights to any employee.

Causes for disciplinary action may include:

1) Incompetence or inefficiency in performing assigned duties;

2) Refusal to perform a reasonable amount of work or violation of any reasonable, lawful, directions or orders made by a supervisor;

3) Habitual tardiness or absence from duty;

4) Abuse of sick leave or absence without leave;

5) Falsification of time sheets, reports, or records;

6) Possession and/or use of illegal substances or alcohol while on duty;

7) Misuse or unauthorized use of town property;

8) Fraud or falsification of information;

9) Disclosure of confidential information;

10) Violation of safety rules, practices or policies;

11) Conviction of a felony;

12) Engaging in acts of harassment;

13) Failure to comply with Town Policies

14) Any situation or instance of seriousness that disciplinary action is warranted.

Disciplinary action may include an oral reprimand, written reprimand, suspension and/or discharge. Whenever possible, disciplinary action should be progressive in nature. However, should the nature of the offense(s) warrant such, discipline may start at any stage.

Oral reprimand: A department head or the Selectmen, upon observing an action, may issue an oral warning to the employee. The oral warning shall be presented with maximum regard to avoiding embarrassment to the employee and shall include a statement concerning the purpose of the warning. An oral reprimand shall be noted in the employee’s personnel file.

Written reprimand: If an oral warning fails to correct an action warranting disciplinary action, the department head or the Selectmen shall issue a written warning. This shall include the reason(s) for the warning and an offer of assistance on the part of the department head or Selectmen in correcting the problem. A copy of the written warning, signed by the department head or Selectmen, and the employee shall be placed in the employee’s personnel file and carry a specified period in which the behavior shall be improved. The employee may include a written response to the reprimand in their file. A written reprimand may also be issued without an oral reprimand if the seriousness of the action warrants it.

Suspension: At the discretion of the Board of Selectmen, an employee may be suspended without pay for cause. Within forty-eight hours of the effective date of the suspension the employee shall be provided with a written notice stating the reason(s) for and the length of the suspension. Suspensions may be in lieu of oral or written reprimands and may be effective immediately.

Discharge: An employee may be discharged for cause. The Board of Selectmen shall provide the employee with a written notice which states the reason(s) for the discharge and the effective date of the discharge. Discharge may be in lieu of oral or written reprimands and suspensions and may be effective immediately.

5.4 Americans with Disabilities Act

It is the policy of the Town to comply with requirements of the regulations contained in the U.S. Americans with Disabilities Act of 1990. This policy applies to all employees of the Town excluding those employees under the supervision and control of the MTRSD.

The Town will not discriminate against people with disabilities in any employment practices or in terms, conditions or privileges of employment, including, but not limited to: application, testing, hiring, assignment, evaluation, disciplinary action, training, promotion, medical examination, layoff/recall, termination, compensation, leaves or benefits.

The Town has and will continue to establish occupational qualifications for each position, including the education, skills, and work experience required, and the physical, mental and environmental standards necessary for job performance, health, and safety. Such standards are job-related and consistent with business necessity.

The Town will provide reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee unless such accommodation will impose undue hardship on the Town.

5.5 Discrimination Grievance Procedure

The purpose of this procedure is to encourage local resolution of grievances concerning employment. It is important to note that grievants are not required to exhaust the Town’s procedures prior to filing a state or federal complaint or taking court action.

Grievances must be in writing and should include information about the alleged discrimination such as name, address, phone number of grievant and location, date and description of the problem and what resolution is sought. Reasonable accommodations, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities who are unable to submit a written complaint. The following steps shall be used in resolving the grievance:

STEP 1 Within five working days of an event giving rise to a grievance, an employee should discuss the grievance with his/her supervisor/department head in a mutual effort to resolve the grievance. In the absence of a supervisor, the employee should informally discuss the grievance with the Board of Selectmen.

STEP 2 If, within five working days after such conference, a satisfactory understanding and/or solution of the grievance has not been reached, then either the department head or the employee may refer the grievance in writing to the Selectmen. The Selectmen shall conduct a hearing and render a written decision within ten working days of such hearing. The decision rendered by the Board of Selectmen shall be final and binding on all parties.

All grievances received by the Board of Selectmen and responses from same, will be kept by the Town in accordance with applicable public records statutes. Such documents will remain strictly confidential.

No retaliatory action will be taken against those persons who file complaints of discrimination on the basis of age, sex, marital status, race, color, creed, national origin, disability, veteran status, military status, or sexual orientation or against individuals who cooperate in such investigations.

5.6 Sexual Harassment Policy

It is the goal of Heath to promote a workplace which is professional and which treats all of those who work here with dignity and respect. Sexual harassment is unlawful and will not be tolerated by this organization. Further, any retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unlawful and will also not be tolerated.

Because Heath takes allegations of sexual harassment seriously, we will respond promptly to complaints of sexual harassment and where it is demonstrated to our satisfaction that such harassment occurred, we will act promptly to eliminate the harassment and take disciplinary action where appropriate.

5.6.1 Definition of Sexual Harassment

In Massachusetts, the legal definition for sexual harassment is: “sexual harassment” means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; or,

b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

These definitions are broad and include any sexually oriented conduct, whether it is intended or not, by supervisors, employees and, in some instances, third parties, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating, or humiliating to male or female workers. Prohibited conduct also extends to any function or activity which is officially sponsored by the Town of Heath. While it is not possible for Heath to list all those circumstances which we would consider to be sexual harassment, the following are some examples:

· Unwelcome sexual advances - whether they involve physical touching or not;

· Requests for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment;

· Assault or coerced sexual acts.

The following conduct may also constitute sexual harassment in certain circumstances:

· Use of sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comments on an individual’s body, comments about an individual’s sexual activity, deficiencies, or prowess;

· Displaying sexually suggestive objects, pictures, cartoons;

· Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;

· Inquiries into one’s sexual experiences;

· Discussion of one’s sexual activities; and

· Comments regarding gender stereotypes which demean, embarrass or humiliate employees.

5.6.2 Private Counseling Option:

If you believe you are the victim of sexual harassment, in addition to the right to file a complaint, you may also seek advice from the Chair of The Board of Selectmen. This person is available to discuss any concerns you may have and to provide information to you about our policy on sexual harassment and our complaint process. If you desire, this individual will work with you to find a way of resolving your concerns in an informal manner acceptable to you and in a manner which would offer you as much privacy and confidentiality as is possible. If this option does not resolve the complaint, you may proceed through our complaint procedure set forth in Section 5.6.3, below.

5.6.3 Complaint Procedure

If any of our employees believe that they have been subjected to sexual harassment, it is our policy to provide the employee with the right to file a complaint with our organization. This may be done in writing or orally to our Affirmative Action Officer (AAO) who is designated below. When the AAO receives the complaint, he/she will then investigate the allegation in a fair and expeditious manner. He/she will also interview the person alleged to have committed sexual harassment. The AAO may, if necessary, request written statements in addition to the private interviews. If the AAO is unable to resolve the complaint, he/she will report the investigative findings to the full Board of Selectmen for disposition.

Affirmative Action Officer: Chairman, Board of Selectmen

Alternate: member, Board of Selectmen

In addition to the above, if an employee believes he or she has been subject to sexual harassment, he or she may file a formal complaint with either or both of the government agencies set forth below. Using the town’s complaint process does not prohibit an employee from filing a complaint with these agencies. Each of the agencies has a short time period for filing a claim. (The time for filing a complaint with the EEOC or the MCAD is 300 days.)

The U.S. Equal Employment Opportunity Commission:

One Congress Street, 10^th Floor, Boston MA 02114 (617) 565-3200

The Massachusetts Commission Against Discrimination: (three locations)

· One Ashburton Place, Room 601, Boston MA 02108 (617) 994-6000

· 424 Dwight Street, Room 220, Springfield MA 01103 (413) 739-2145

5.7 CDL Alcohol and Drug Testing Policy

The following is the policy of the Town regarding testing associated with alcohol misuse and drug use by those employees operating motor vehicles which require a Commercial Drivers’ License. The terms alcohol misuse, drug use, and substance abuse are used interchangeably herein.

This policy applies to all employees subject to the regulations of the Federal Highway Administration, Department of Transportation Alcohol and Drug ruling that includes every person who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to the commercial driver’s license requirements of Part 383.

5.7.1 Alcohol Prohibitions

1. A driver may not report for duty or stay on duty:

a. with a blood alcohol concentration of 0.04 or greater

b. if in possession of alcohol (this includes any product, medication, or food containing alcohol regardless of the alcohol content)

c. if using alcohol

d. within four hours of using alcohol

2. Supervisors who know about any of the above acts may not permit the driver to report or stay on duty

3. A driver who has an accident may not use alcohol until post-accident testing is done or for a period of eight hours, whichever comes first

4. Drivers may not refuse to submit to alcohol testing

5.7.2 Drug Prohibitions

1. Federal Highway Administration bans the use of controlled substances by drivers

2. Drivers may not report for duty or stay on duty while using any controlled substance. There may be an exception to this ruling if a physician has prescribed a substance and has advised you that it does not interfere with your ability to operate a vehicle in a safe manner

3. Drivers may not report for duty or stay on duty if they have tested positive for a controlled substance

4. Supervisors who know about either of the above acts cannot permit the driver to report or stay on duty

5. Supervisors may require drivers to report the use of any therapeutic drugs.

5.7.3 Alcohol and Drug Testing

Testing to determine the presence of alcohol and/or drugs can and may be performed in any of the following situations:

1. Pre-employment: before a new hire can perform any duties

2. Post-accident: following an accident where a life was lost or the driver was cited for a moving traffic violation. Post-accident alcohol testing shall be done within two hours of the accident, or not at all. Post-accident drug testing shall be done within 32 hours, or not at all.

3. Random: Unannounced random testing is required on a certain percentage of drivers each year. The random selection process used shall ensure that each driver has an equal chance of being tested each time selections are made. Drivers are randomly selected from the pool. Random testing for alcohol or drugs may be done at any time you are at work. One notified that you have been selected for random testing, you must proceed immediately to the test site.

4. Reasonable suspicion: If your supervisor has reason to believe that your behavior or appearance may indicate alcohol or drug abuse, he or she may require you be tested. Alcohol testing for reasonable suspicion must be done within two hours of the observation. Tests that cannot be done within eight hours of the observation shall not be done. You cannot report for duty or stay on the job while under the influence of alcohol or while impaired by alcohol as shown by behavior, speech or performance that indicates alcohol misuse. Action regarding alcohol misuse cannot be taken against a driver unless an alcohol test was administered or was refused by the driver.

5. Return to duty: Return to duty testing is required for drivers who violate prohibitions and are returning to work. In order to return to work, an alcohol concentration of less than 0.02 or a negative drug test is required.

As part of the alcohol and drug rule and this policy, you must submit to alcohol and drug testing as required. If you refuse to be tested, you cannot continue on the job. Refusal to be tested is considered to be any time you fail to provide enough breath for alcohol testing or enough urine for controlled substance testing without a valid medical reason after being notified of the testing requirements, or if you clearly obstruct the testing process.

All alcohol testing is done by a certified Breath Alcohol Technician (BAT) in a private setting where no one but you and the BAT can see or hear the test results.

Drug testing is done by analyzing a urine sample, which is collected in a private location.

5.7.4 Violation of Policy

Consequences for violating the alcohol or drug prohibitions are as follows:

1. Alcohol violations

a. prohibition from return to work until an evaluation has been done and any recommended treatment is completed

b. employees with an alcohol concentration of 0.02 or greater are prohibited from returning to work for at least 24 hours

2. Drug violations

a. prohibition from return to work until an evaluation has been done, recommended therapy is completed, and a verified negative drug test is produced

The alcohol and drug rule requires that the Town, as the employer, provide you with an opportunity for treatment. The ruling does not, however, require the Town to hold a job open for you or to pay for rehabilitation. If you violate an alcohol or drug prohibition you must be evaluated by a substance abuse professional to determine what help is needed.

If you would like further information on alcohol or drug issues, you may do so on a confidential basis through our Employee Assistance Program. The Town Coordinator should be contacted for assistance with accessing our EAP provider is necessary.

5.8 Vehicle Use Policy

The purpose of this policy is to set forth the guidelines under which town vehicles will be authorized to Town personnel and the guidelines under which Town vehicles may be used.

Rules Governing Use

1. Municipal vehicles may only be used for legitimate municipal business.

2. Municipal vehicles will not be used to transport any individual that is not directly or indirectly related to municipal business. Passengers shall be limited to Town employees and individuals who are directly associated with Town work activity (committee members, consultants, contractors, etc.). Family members shall not be transported in Town vehicles.

3. Vehicles should contain only those items for which the vehicle is designed. The Town shall not be liable for the loss or damage of any personal property transported in the vehicle.

4. Employees are expected to keep municipal vehicles clean, and to report any malfunction or damage to their supervisor immediately.

5. Employee’s assigned vehicles are expected to park such vehicles in safe locations.

6. Employees must wear seatbelts in vehicles so equipped during operation of the vehicle.

7. Employees may not operate municipal vehicles under the influence of alcohol, illegal drugs, or prescription drugs or medications which may interfere with effective and safe operations.

8. Employees who operate municipal vehicles must have a valid motor vehicle license issued by the state of their current residence and may be required to provide proof of valid motor vehicle license once every six (6) months.

9. Employees driving municipal vehicles shall obey all applicable traffic and parking regulations, ordinances, and laws.

a. Employees who incur parking or other fines in municipal vehicles will generally be personally responsible for payment of such fines unless the payment of such fines by the town is approved by the Town Administrator.

b. Employees who are issued citations for any offense while using a municipal vehicle must notify their supervisor immediately when practicable, but in no case later than 24 hours. Failure to provide such notice will be grounds for disciplinary action.

c. An employee who is assigned a municipal vehicle and who is arrested for or charged with a motor vehicle offense for which the punishment includes suspension or revocation of the motor vehicle license, whether in his or her personal vehicle or in a municipal vehicle, must notify his or her supervisor immediately when practicable, but in no case later than 24 hours. Conviction for such an offense may be grounds for loss of municipal vehicle privileges and/or further disciplinary action.

10. No employee may use a municipal vehicle for out of state use without advance approval of the Board of Selectmen.

11. Employees whose vehicles are equipped with cellular phones are expected to reimburse the Town for any personal use of those phones.

Failure to comply with any and all provisions of this policy may result in disciplinary action up to and including removal of Town vehicle privileges, suspension, and/or termination from Town service

5.9 Tardiness and Reporting to Work

The purpose of this policy is to ensure proper coverage in all offices and work locations in order to maintain the highest level of service to the taxpayers of the Town.

This policy applies to all paid appointive positions in Town service excluding those employees under the supervision and control of the MTRSD.

It is the policy of the Town that all employees assume their assigned duties at the start of the regularly scheduled work day. Tardiness and failure to report to work are viewed as unacceptable job performance and may be grounds for progressive disciplinary action.

An employee who anticipates that he or she will arrive after the start of the work day or shift must notify the work location and speak directly to his/her supervisor or the supervisor in charge to inform him/her of the delay and expected time of arrival. Leaving a message is not an acceptable way to communicate that you will be late or not able to come in for the day, because the message may not be heard if your supervisor will also not be at work that day.

If an employee does not report for his/her scheduled work hours/shift, and fails to notify the work location of the absence by the end of the regularly scheduled shift, the employee shall be considered on unauthorized leave without pay for the day and may be subject to disciplinary action, unless the absence resulted from an emergency. The employee may be required to provide documentation of the emergency. Further incidents of this nature may result in subsequent disciplinary action up to and including termination of employment.

Failure by an employee to report to work without permission and without notice for fourteen (14) or more consecutive days may result in the employee being considered to have voluntarily and permanently separated him/herself from Town service.

5.10 Drug Free Workplace

It is the policy of the Town to provide employees with a working environment that is free of the problems associated with the use and abuse of controlled substances. The use of controlled substances is inconsistent with the behavior expected of employees and subjects the Town to unacceptable risk of workplace accidents or other failures that would undermine the Town’s ability to operate effectively and efficiently.

The non-prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on Town property, or at any other worksite where employees may be assigned, or elsewhere during work hours, is strictly prohibited.

Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on non-working time to the extent that such use impairs an employee’s ability to perform his/her job or where such use, sale, possession, distribution, manufacture or transfer affects the reputation of the Town to the general public or otherwise threatens its integrity.

Employees who are convicted of controlled substance-related violations in the workplace under state or federal law, or who plead guilty or nolo contendere to such charges, must inform their department head or appointing authority prior to returning or work or within 5 days of such conviction or plea, which ever comes first. Department heads or appointing authorities shall notify the Chair of the Board of Selectmen immediately.

Employees who are convicted, or who plead guilty or nolo contendere to such drug-related violations may be required to successfully complete a drug abuse or similar program as a condition of employment or re-employment.

All employees must sign a statement indicating they have been informed of the rules and requirements of the Drug Free Workplace Act.

The Town’s objective is to prevent conviction for drug related offenses prior to their occurrence. Employees who wish to obtain help in dealing with such problems are encouraged to contact the Board of Selectmen, the Employee Assistance Program, or their health insurance provider for assistance. Conscientious efforts to seek such help will not jeopardize an employee’s job, and will not be noted in any personnel record.

Violations of any and all provisions of this policy may result in disciplinary action.

5.11 Smoking in the Workplace

It is the policy of the Town that smoking in the workplace and in Town vehicles, except in specifically designated areas, is prohibited. Any employee who continues to knowingly violate this policy may be subject to disciplinary action.

5.12 Conflict of Interest/Financial Disclosure

The purpose of this policy is to ensure that Town employees comply with the requirements of Chapter 268A of the Massachusetts General Laws which governs conduct as a public official or public employee. It is the policy of the Town to require compliance with the provisions of this law, which includes but is not limited to actions as outlined below.

Town employees may not:

a. ask for or accept anything (regardless of its value), if it is offered in exchange for your agreeing to perform or not perform an official act.

b. ask for or accept anything worth $50 or more from anyone with whom you have official dealings. Examples of regulated gifts include: sports tickets, costs of drinks and meals, travel expenses, conference fees, gifts of appreciation, entertainment expenses, free use of vacation homes and complimentary tickets to charitable events. If a prohibited gift is offered: you may refuse or return in; you may donate it to a non-profit organization provided you do not take the tax write-off; you may pay the giver the full value of the gift; or, in the case of certain types of gifts, it may be considered “a gift to your public employer,” provided it remains in the office and does not ever go home with you. You may not accept honoraria for a speech that is in any way related to your official duties, unless you are a state legislator.

c. hire, promote, supervise, or otherwise participate in the employment of your immediate family or your spouse’s immediate family.

Note: Due to the small town status of Heath, it may be necessary for the Selectmen to determine it is necessary to be flexible with this particular rule. When in doubt, consult with Town Counsel.

d. take any type of official action which will affect the financial interests of your immediate family or your spouse’s immediately family. For instance, you may not participate in licensing or inspection processes involving a family member’s business.

e. take any official action affecting your own financial interest, or the financial interest of a business partner, private employer, or any organization for which you serve as an officer, director or trustee. For instance, you may not take any official action regarding an ‘after hours’ employer, or its geographic competitors; you may not participate in licensing, inspection, zoning or other issues that affect a company you own, or its competitors; if you serve on the Board of a non-profit organization, you may not take any official action which would impact that organization or its competitors.

f. have more than one job with the same municipality or county or more than one job with the state, unless you qualify for an exemption.

g. have a financial interest in a contract with your public employer except under special circumstances. For instance, if you are a town employee, a company you own may not be a vendor to that town unless you meet specific criteria, the contract is awarded by a bid process, and you publicly disclose your financial interest.

h. represent anyone but your public employer in any matter in which your public employer has an interest. For instance, you may not contact other government agencies on behalf of a company, an association, a friend, or even a charitable organization.

i. ever disclose confidential information, data or material which you gained or learned as a public employee.

j. take any action that could create an appearance of impropriety or could cause an impartial observer to believe your official actions are tainted with bias or favoritism, unless you make a proper, public disclosure including all relevant facts.

k. use your official position to obtain unwarranted privileges, or any type of special treatment, for yourself or anyone else. For instance, you may not approach your subordinates, vendors whose contracts you oversee, or people who are subject to your official authority to propose private business dealings.

l. use public resources for political or private purposes. Examples of “public resources” include: office computers, phones, fax machines, postage machines, copiers, official cars, staff time, sick time, uniforms, and official seals.

m. after leaving public service, take a job involving public contractors or any other particular matter in which you participated as a public employee.

5.13 Workplace Violence/Possession of Weapons

The Town maintains a zero tolerance policy toward workplace violence, or the threat of violence, by any of its employees, customers, the general public, and/or anyone who conducts business with the Town. It is the intent of the Town and this department/division to provide a workplace that is free from intimidation, threats, or violent acts.

Weapons are prohibited from the workplace, with the exception of weapons assigned to on duty Police Officers.

Workplace violence includes, but is not limited to harassment, threats, physical attack, or property damage. A threat is the expression of intent to cause physical or mental harm regardless of whether the person communicating the threat has the present ability to carry out the threat and regardless of whether the threat is contingent, conditional or future. Physical attack is intentional hostile physical contact with another person such as hitting, fighting, pushing, shoving, or throwing objects. Property damage is intentional damage to property which includes property owned by the Town, employees, or others.

The Town subscribes to the concept of a safe work environment and supports the prevention of workplace violence. Prevention efforts include, but are not limited to informing employees of this policy, instructing employees regarding the dangers of workplace violence, communicating the sanctions imposed for violating this policy, and providing a reporting hierarchy within which to report incidents of violence without fear of reprisal.

Each incident of violent behavior, whether the incident is committed by another employee or an external individual such as a customer, vendor, or citizen, must be reported to department head or supervisor. The department head or supervisor will assess and investigate the incident and determine the appropriate action to be taken. Department management will inform the Board of Selectmen of all reported incidents of workplace violence and will inform the employee of their right to have the Police Department notified.

In critical incidents in which serious threat or injury occurs, emergency responders such as Police, Fire and/or Ambulance personnel must be promptly notified. As necessitated by the seriousness of the incident, The Board of Selectmen may assemble a Response Team that consists of staff from the affected Department, Board of Selectmen, Town Counsel, and may include the Employee Assistance Program, Emergency Response, Police Department and others as deemed necessary.

The Response Team is responsible for establishing the protocol in the event of a threat or violent incident that may include but is not limited to:

· evaluating the potential violence problems,

· assessing an employee’s fitness for duty (through mental health professionals),

· establishing a plan for the protection of co-workers and other potential targets,

· coordinating with affected parties such as victims, families, employees, media, or law enforcement personnel,

· referring victims to appropriate assistance and community service programs,

· assuring that immediate (within 24 hours) and on-going counseling is available to traumatized individuals.

Any employee who acts in good faith by reporting real or implied violent behavior will not be subjected to any form of retaliation or harassment. Any action of this type resulting from a report of violence must be reported to the appropriate management staff for investigation and decision regarding proper action.

It is a violation of this policy to engage in any act of workplace violence. Any employee who has been determined by the Department Board/Committee, Department Head, or Police to be in violation will be subject to disciplinary action up to and including termination and, depending upon the violent act, may be subject to criminal sanctions.

Should an employee become the victim of an incident of workplace violence, the Department/Division Manager may offer additional referral services to assist in coping with any effects of the incident. Should an employee commit an act of violence and it is determined in the investigation that the employee did, in fact, commit the violent act, s/he may be referred to the EAP by the Department/Division Manager. In these cases, failure by the employee to keep an initial appointment with the EAP may result in disciplinary action.

5.14 Whistleblower Policy

This policy is adopted pursuant to and in accordance with the Massachusetts Whistleblower Protection Act, 1992, Massachusetts General Laws, Chapter 149 (the “Act”) and is designed specifically to protect such conduct and provide such remedies as are set forth in the Act.

It is the policy of the town:

a. to encourage the reporting by its employees of improper governmental action

taken by town officers or employees; and

b. to protect town employees who have reported improper government actions

in accordance with this policy

The town encourages initial reporting to the town to allow for expeditious resolution of all such matters and to minimize any adverse impacts of the improper action. This policy states the town’s procedures for reporting improper governmental action and for protecting employees against retaliatory actions.

Town employees who obtain knowledge of facts demonstrating improper governmental actions should raise the issue with the Board of Selectmen. The employee shall submit a written report to the town stating in detail the basis for the employee’s belief that an improper governmental action has occurred.

In the case of an emergency, the employee may report the improper governmental action directly to a person who is not a member of the Board of Selectmen. In all other cases, the employee must first follow the reporting procedure outlined above.

An employee is not required to comply with the above procedure if he/she:

a. is reasonably certain that the activity, policy or practice is known to one or more

supervisors of the employer and the situation is emergency in nature;

b. reasonably fears physical harm as a result of the disclosure provided; or

c. makes the disclosure to a public body for the purpose of providing evidence of

what the employee reasonably believes to be a crime.

Town employees who fail to make a good-faith attempt to follow this policy in reporting improper governmental action shall not receive the protections provided under this policy or the act. Employees who make false reports may be subject to the disciplinary procedures in the town personnel code.

The Board of Selectmen shall take prompt action to assist the town in properly investigating the report of improper governmental action. Town officers, administrators, supervisors and employees involved in the investigation shall keep the identity of reporting employees confidential to the extent possible under the law, unless the employee authorizes the disclosure of his or her identity in writing. After an investigation has been completed, the employee reporting the improper governmental action shall be advised of the summary of the results of the investigation, except personnel actions taken as a result of the investigation may be kept confidential.

Town officials, administrators, supervisors and employees are prohibited from taking retaliatory action against the town employee because he or she has in good faith reported an improper action in accordance with this policy.

If the Board of Selectmen does not satisfactorily resolve an employee’s complaint that he or she has been retaliated against in violation of this policy, the employee, in accordance with the Act, may institute a civil action in the superior court.

The Board of Selectmen are responsible for insuring that this policy is permanently posted where all employees will have reasonable access to it and that this policy is made available to any employee upon request. The town will, to the extent it considers practical, provide training and education on the whistleblower policy. The Board of Selectmen are responsible for insuring that this policy is fully implemented within their areas of responsibility. Violations of this policy may result in appropriate disciplinary action, up to and including dismissal.

5.15 Computer, Electronic Mail and Internet Use Policy

Computers, internet and email service provided by the Town shall be used for Town business only. Employees may on their non working hours use the internet service providing they adhere to all of the following regulations. All information and communications on Town equipment is considered Town/Public information and may be viewed at any time by management.

The users of the network are responsible for respecting and adhering to local, state, federal and international laws. Any attempt to break those laws through the use of the network may result in litigation against the offender by the proper authorities and where appropriate, disciplinary action. If such an event should occur, the Town will fully comply with the authorities to provide any information necessary for the litigation process.

This policy applies to every employee, board member (elected or appointed), contractor or remote user who is provided access to the Town’s computers and network resources.

Any unauthorized, deliberate action, which damages or disrupts a computing system, alters its normal performance, or causes it to malfunction, is a violation, regardless of system location or time duration.

Duplication or installation of unauthorized software is prohibited. Software that is not purchased/licensed by the Town is considered unauthorized.

As a user of the network, the employee may be allowed to access other networks (and/or the computer systems attached to those networks).

5.15.1 The following computer-related activities are prohibited:

1. Use of systems and/or networks in attempts to gain unauthorized access to remote systems.

2. Use of systems and/or networks to connect to other systems, in evasion of the physical limitations of the local/remote system.

3. Unauthorized use of network “sniffers” or other network analysis tools.

4. Decryption of system or user passwords.

5. The copying of system files.

6. The copying of copyrighted materials, such as third-party software, without the express written permission of the owner or the proper license.

7. Intentional attempts to "crash" network systems or programs.

8. Attempts to secure a higher level of privilege than authorized on network systems.

9. The willful introduction of computer "viruses" or other disruptive/destructive programs into the Town’s network or into external networks.

5.15.2 Internet access and use

Internet access through the Town-provided network is intended for business use, including finding vendor information, government information, research, and communicating with colleagues and residents for government-related purposes. All Internet usage will be monitored.

The Town allows users the privilege of Internet access for limited personal use, such as looking at home pages and sending e-mails to friends. This privilege of personal use of the Internet is subject to the terms and conditions established by the Town herein, and as they may be amended from time to time, and may be withdrawn in the future, with or without cause, in the discretion of Town management.

Any personal use of the Internet must be on the employee’s own time, and must not interfere with the Town’s operation or the user's work responsibilities.

At no time may the Internet be used for any type of commercial use, or to transact non-government business. The use of the Internet to solicit or proselytize others for commercial ventures, religious or political causes or outside organizations, or for personal gain is prohibited.

At no time may users access inappropriate web sites, such as those hosting pornography, obscene materials or gambling enterprises.

The use of any element of the Town’s computer system, including Internet access, for the receipt or transmission of information disparaging to others based on race, national origin, sex, sexual orientation, age, disability, or religion is not permitted under any circumstances.

The Town reserves the right to monitor the a user’s history of web sites visited, and Internet access and use in order to ensure compliance with this policy.

Users are not permitted to download executable files from the Internet unless previously approved by the network administrator.

5.15.3 Electronic mail (e-mail) access and use

E-mail is an effective tool for sharing and disseminating information. Since the Town’s e-mail system is linked to Internet systems, users can communicate with colleagues in state agencies, vendors and residents. This electronic communication promotes better information exchange between peers and residents.

As with all of the Town’s assets, the e-mail system is intended to be used for work-related purposes, and in ways consistent with the Town’s overall policies. The system may not be used in any way that is disruptive to the operation of the Town or offensive to others.

The use of e-mail for the transmission of information disparaging to others based on race, national origin, sex, sexual orientation, age, disability, or religion is not permitted under any circumstances. Users should keep in mind that material which one person finds humorous can be offensive to others.

Likewise, electronic mail is not to be used to solicit or proselytize others for commercial ventures, religious or political causes or outside organizations, or personal gain (including, but not limited to, "chain letters" and/or requests for donations).

The use of broadcast mail (sending the same message to a group of employees) places stress on the e-mail system and has the potential for generating undesirable volumes of junk mail or spam. Therefore, it should be selectively used only for work-related reasons, and with appropriate supervisory approval.

Confidential information should never be transmitted or forwarded to outside entities or individuals not authorized to receive such information, or to Town employees having no business reason for to have such information.

It is emphasized that the privacy and confidentiality of e-mail transmissions cannot be assured. E-mail transmissions may be subject to disclosure through legal proceedings or otherwise through various laws which may be held to apply to such transmissions.

5.15.4 Expectation of privacy

Authorized Town personnel must have unrestricted access to e-mail and related information stored on Town-owned computer equipment. This access is required for reasons that include retrieving business-related information, troubleshooting hardware and software problems, preventing unauthorized access and system misuse, deterring use that is contrary to the Town’s policy, ensuring compliance with software copyright and distribution policies, and complying with legal and regulatory requests for information.

The Town reserves the right for legitimate business purposes to monitor, review and retrieve any information stored on or transmitted with Town equipment and; therefore, users should not have an expectation that their e-mail communication, or documents stored on Town equipment, will remain private. For this reason, users are advised to use discretion in drafting e-mail messages, and are cautioned not to "say" things by e-mail that they would not want to be viewed by others.

5.15.5 Open Meeting Law

Users need to take into consideration the applicability of the open meeting law when participating in an electronic conversation through email, chat or other such method of electronic communication. No decisions shall be made through email that should be made in a posted open meeting.

5.16 Dispute Resolution

Employees are encouraged to bring any problems or complaints regarding their work or other day-to-day relations with the Town to the attention of their supervisors or Board of Selectmen.

If an employee has a particular request or a problem, he or she should discuss the matter with his or her immediate supervisor or Board of Selectmen..

If the matter remains unresolved after the discussion with the supervisor, the employee should contact the Board of Selectmen in writing. The Board of Selectmen shall discuss the matter with the employee and others who may be involved and attempt to reach a satisfactory understanding and resolution of the problem. The Board shall take the question under advisement, collecting such facts relating thereto as may seem helpful and it may, in its discretion, hold public or private hearings with respect to the question, subject to the provisions of the Open Meeting Law, General Laws, Ch. 39, S23A-23C and 24.

No later than thirty (30) days after receipt of the written submission of the matter, the Board shall render its decision and thereafter promptly take such action as may be appropriate relative to the problem.

6.0 Leave Policies

6.1 Civic Duty Leave

A full-time or part-time employee whose service as a juror makes it impossible or impractical to work the hours necessary to earn his or her normal week’s pay may make application to the department head for the difference between jury duty pay and the employee’s normal weekly earnings. The Town agrees to pay this difference upon presentation of proof of the amount of jury pay received by the employee.

6.2 Military Leave

Regular employees who are called for temporary military duty shall receive the difference between their military pay (excluding travel allowance) and their regular pay for up to seventeen days of such duty annually upon receipt of a copy of the employee’s military orders and a written request for such pay differential. The employee’s vacation allowance shall not be affected by such duty.

6.3 Bereavement Leave

An employee may be granted up to three working days of paid bereavement leave for the purpose of arranging for and attending the funeral of a member of the employee’s immediate family. One day of bereavement leave may be granted by the supervisor for the purpose of the employee attending the funeral of a member of the employees’ immediate family (see definitions) or a grandparent, aunt, uncle, or other close relative. The Board of Selectmen may grant bereavement leave for the purpose of employees attending the funeral of a town employee.

6.4 Unpaid Leave of Absence

While maintaining awareness of the operational needs of the Town, the Town acknowledges there may be occasions when an employee is unable to work for a period of time. The Board of Selectmen may grant a leave of absence to employees for medical or personal reasons. Requests for such leave shall be presented to the Board of Selectmen in writing stating the reason(s) for requesting leave and the time period of such leave. Selectmen may grant up to three months of leave which may be renewed for up to another three months provided the employee requests such extension at least ten days in advance of the expiration of the leave. A second renewal of up to three months may be granted. The maximum leave of absence shall not exceed nine months.

Leave(s) of absence shall be granted without pay. Should the employee be enrolled in the health and life insurance plans, the employee must pay 100% of the premiums in order to maintain coverage except when the employee is on a leave of absence due to his/her medical condition, in which case the employee shall be responsible for 25% of the insurance premiums. No accumulation of sick or vacation leave shall occur during the leave of absence.

6.5 Maternity Leave

Female employees with at least six months of service with the Town may receive up to eight weeks of unpaid leave for the purpose of child-bearing. Requests for such leave shall be made to the department head at least four weeks in advance of the expected delivery date. Accrued vacation leave must be used first, unless there are extenuating circumstances. The employee may use up to four (4) weeks of available sick leave to extend the period of maternity leave. During maternity leave, the employee does not accrue sick or vacation leave and is not eligible for holiday pay.

The employee may request an extension of the leave in accordance with the leave of absence policy. In such case, the employee shall be responsible for 100% of the health and life insurance premiums. Pursuant to Mass. General Laws, Chapter 149, Section 105D, the employee shall be entitled to return to her former position, or an equivalent position upon the completion of maternity leave.

6.6 Small Necessities Leave

In accordance with General Laws, Ch. 149, S 52D, an eligible employee is entitled to a total of 24 hours of leave during a twelve (12) month period, in addition to other leave under this section, to participate in school activities directly related to the educational advancement of the employee’s child; to accompany the employee’s child to routine medical or dental appointments, and to accompany an elderly relative as defined in section 52D to routine medical or dental appointments or other professional services related to the elder’s care. Leave under this provision is in addition to the twelve (12) week leave provision and may be taken on an intermittent or reduced leave schedule

6.7 Vacation Policy

Vacation leave will be granted to benefit eligible employees who work at least 20 or more hours per week on a continuous basis throughout the fiscal year.

Vacation leave is earned from the first day of hire, pro-rated, based on a regular forty hour work week, and is available to take after six months of continuous employment. Overtime hours are not included in vacation leave calculation.

Upon successful completion of the probationary period, an employee is eligible for vacation accrual retroactive to the date of hire.

Vacation use must have the prior approval of the Department Head or the Selectmen so that the services of the Town are not unduly interrupted. Employees must complete a Request for Leave form to request use of vacation time at least one week in advance of the requested date of vacation leave. Employees will be provided with a calculation of available vacation time on weekly pay stubs, as well as provided with a Leave Sheet on a monthly basis, by the Town Treasurer.

It is intended vacation time be taken within the fiscal year that it is earned or the following fiscal year. Carryover vacation time must be used within the fiscal year following the year in which it was earned. After that time period, vacation time will be forfeited. Employees who enter the Armed Forces, resign, retire, or are dismissed through no fault of their own will be paid for earned vacation time.

Vacation leave compensation shall be at the employee’s rate of pay in effect at the time the leave is used. Vacation leave will be earned based on the following schedule:

Years of Service Vacation Time Earned

.5 - 5 years 2 weeks

6-10 years 3 weeks

11-24 years 4 weeks

25+ years 5 weeks

6.8 Family and Medical Leave

Employees who have completed at least twelve (12) months of employment with the Town and who have worked at least 1,250 hours during the preceding twelve (12) months are eligible for Family and Medical Leave.

Eligible employees will be granted a leave for up to twelve (12) weeks during any 12-month period for:

a. family leave due to the birth, adoption or placement of a child (foster care),

b. medical leave due to an employee’s serious health condition,

c. medical leave due to an employee’s care of a spouse, child or parent who has a

serious health condition

At least thirty (30) days in advance, the employee shall submit to the appointing authority a written notice of his or her intent to take family or medical leave and the dates and expected duration of the leave. If thirty (30) days notice is not possible, the employee shall give notice as soon as practical. The requesting employee shall submit with the request, proof of birth, illness, etc. such as a note from a Health Care Provider.

Employees may request medical leave on an intermittent leave, or reduced work, schedule if medically necessary or if necessary to provide care for a family member. When such leave is requested, every effort shall be made to meet the employee’s needs without unduly disrupting the Town’s operations.

Leave under this section shall be unpaid unless an employee applies other paid leave benefits that may be available, such as vacation leave or sick leave.

Employees who are on family or medical leave shall not be eligible for any holiday pay or other compensation for any holidays which occur during the leave.

During the time an employee is on unpaid family or medical leave, the employee shall be entitled to group health insurance coverage on the same terms and conditions in effect at the time the leave began, provided the employee pays the required employee share of premium while on leave. If the employee fails to return to work from unpaid leave, the Town may recover from the employee the cost incurred in maintaining insurance coverage for the duration of the employee’s leave.

At the expiration of family or medical leave, the employee will be returned to the same or equivalent position with the same status, pay and length of service as of the start of the leave. If, during the period of the leave, employees in an equivalent position have been laid off through no fault of their own, the employee will be extended the same rights or benefits, if any, extended to employees of equal length of service in the equivalent position in the department.

6.9 Personal Leave

Employees earn up to three (3) days per year for personal time so long as the requests to do so are authorized in advance by the supervisor. Employees must complete a Request for Leave form to request use of personal time in advance of the requested date of personal leave. Employees will be provided with a calculation of available personal time on weekly pay stubs, as well as provided with a Leave Sheet on a monthly basis, by the Town Treasurer. Part time employees who work at least twenty hours per week are eligible for pro-rated leave, consistent with regular hours worked, each fiscal year.

Unused personal leave will not be compensated should the employee leave the employment of the Town.

6.10 Sick Leave

Sick leave is established for the purpose of sustaining income when an employee is ill. For the protection of the Town, the supervisor may require documentation of illness if an illness requires more than 5 sick days in succession. Employees will be provided with a calculation of available sick time on their pay stubs, as well as provided with a Leave Sheet on a monthly basis, or as requested by the Town Treasurer. Sick leave will be granted only to regular employees who work 20 or more hours per week on a continuous basis throughout the year.

Sick leave compensation shall be at the employee’s rate of pay in effect at the time the leave is used. Sick leave may be accrued up to a maximum of six (6) weeks.

Upon successful completion of the probationary period, an employee is eligible for earned sick leave time retroactively to the date of hire. Unused sick leave will not be compensated should the employee leave the employment of the Town.

6.10.1 Extended Sick Leave

Extended sick leave is established for the purpose of providing guidance in determining paid leave time in the event an employee experiences or anticipates extenuating circumstances associated with a long-term or serious illness and where an employee may exhaust all other available paid leave time, including regular sick time, personal time, earned vacation, and sunny day off. Extended sick leave must receive prior approval of the Board of Selectmen and will be granted only after all other available time is used.

Extended sick time can be created in the following ways:

· An employee may borrow vacation, sick time and personal leave time that the employee would be eligible for in the following year, for up to one (1) year.

· An employee may take earned overtime as compensable time (comp time) at the same rate that comp time would normally be paid out, rather than be paid for it. For example, if the employee’s overtime rate is time-and-½, the equivalent comp time available is also time-and-½ .

6.11 Returning to Work after Sick Leave

6.11.1 Return to Work

1. An employee who may need to be out of work for a period of time must provide medical verification of the need to be out of work from his/her treating physician or other licensed health care provider. Attachment H form should be used for this purpose. Documentation of the injury/illness, should include an estimate of the anticipated number of days away from work, and when the employee will be evaluated again by the Health care provider for clearance to return to work.

2. An employee who may require work restrictions when returning to work during the recovery period must provide medical verification of the need for work restrictions from his/her treating physician or other licensed health care provider. Attachment H form should be used for this purpose. Documentation of the injury/illness, should include any specific restrictions regarding lifting, standing, sitting, work hours or other normal job duties that may need to be modified due to the condition. Such documentation is to be presented to the employee’s supervisor prior to or upon returning to work to enable time for any worksite modifications to occur. A “return-to-work” authorization (Attachment H) signed by the Health care provider must be submitted prior to returning to work with any work restrictions.

3. The Town reserves the right to request that an employee returning to work after illness or injury submit to a physical or psychological examination (as applicable to the purpose the employee was absent) by a Town-designated medical provider at the expense of the town, prior to being permitted to work in the event of a need to verify that the work will not compromise the employee’s health and safety and recovery.

4. All employee medical information will be kept strictly confidential in accordance with State law.

6.11.2 Convalescence and Successful Recovery

2. Supervisors of Town employee returning to work with work restrictions shall assist the employee in the implementation of the work restrictions.

3. When so requested, an employee who has been placed on work restrictions or is approved to be out of work for medical purposes shall report for physical/psychological examinations (as appropriate to the purpose for the absence) at the Town’s expense, to determine whether the treatment being sought is appropriate, effective or whether the employee is still incapacitated.

4. An employee who has been approved for out of work status or placed on work restrictions shall comply with all requests for information, or other medical case management requirements, related to the illness/injury, by the Town or its designated occupational health consultant or case manager.

6.11.3 Sanctions

Failure to comply with the Return to Work procedures contained herein, after written notice of such failure and steps to be taken to correct such failure have been given and a reasonable time allowed for compliance, may warrant disciplinary actions up to and including termination.

6.12 Sunny Day Off:

An employee may be granted one (1) day off per year without pay by the department head as long as the day off does not interfere with routine operations. The “Sunny Day Off’ is not cumulative, may not carry over into subsequent years and is not compensable should the employee leave the employment of the Town.

7.0 Benefits

7.1 Health & Life Insurance

Pursuant to Mass. General Laws, Chapter 32B, the Town of Heath offers health and life insurance to its eligible employees. A regular employee working 20 hours per week or more is eligible for the full benefit. Elected officials who are employed on a regular basis of 20 hours per week or more are eligible for the full benefit as long as the schedule of work hours is approved by the Board of Selectmen.

The Town and eligible employee shall share the cost of health and life insurance benefits; the Town of Heath will contribute 75% of the premium. The Town participates in the Franklin County Group Insurance Plan and as such employees are eligible for $5,000 of term life insurance coverage and may elect health coverage from the insurers that the Group has contracted with.

Eligible employees may choose one of the health plans and may enroll in the life insurance plan within the first 90 days of employment or otherwise must wait until the anniversary date of July 1 to enroll or change from one plan to another.

Employees who are enrolled in the Health plan and who are involuntarily terminated due to lack of funds, lack of work or abolition of the position may continue to receive group coverage through the Consolidated Omnibus Budget Reduction Act of 1990 (COBRA) for up to eighteen (18) months unless the employee experiences a qualifying event under the Act, in which case the coverage may be extended for an additional eighteen (18) months. The involuntarily terminated employee shall be responsible for 100% payment for all insurance premiums. Employees leaving employment on a voluntary basis shall also qualify for COBRA coverage but shall pay a 2% administrative fee in addition to the full premiums.

7.2 Pensions and Retirement

Employees, not covered by Teacher’s Retirement, earning compensation paid on a town payroll warrant must become members of the Franklin County Retirement System in accordance with membership requirements of that system. Deductions must be withheld for all compensation, except for overtime payments and police off-duty detail work, for all members at the rate of contribution in effect upon their date of hire.

7.3 Medicare

Pursuant to Section 13205 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), all employees hired after March 31, 1986 must have deductions for Medicare withheld from their pay at the prevailing rate.

7.4 Worker’s Compensation

With the exception of elected officials and the Police and Fire employees, all employees are covered under Mass. General Laws, Chap. 152 for work related injuries. Police and Fire employees are covered under Mass. General Laws, Chap. 41, Section 100 and 111F for work related injuries. All employees injured on the job must report such injuries to their supervisor within 24 hours of the occurrence of the injury.

Regular employees who receive Worker’s Compensation benefits as a result of their work related injury may elect to use their accumulated sick or vacation leave to make up the difference between their regular pay and the amount of pay received under Worker’s Compensation.

8.0 Severability

Each provision of this policy shall be construed as separate to the extent that if any part of it shall be held invalid for any reason, the remainder shall continue in full force and effect.

PERSONNEL POLICY APPROVED BY BOARD OF SELECTMEN ON OCTOBER 17, 1995. ( Amended 02/18/97, 11/19/02, 3/4/03, 11/1/03, 1/25/05, 10/05)

Attachment A: Prohibited Hazardous Occupations for Minors under age Eighteen (18)

1. Manufacturing and storing explosives;

2. Motor vehicle driving;

3. Coal mining;

4. Logging and saw-milling;

5. Operating power-driven wood working machines;

6. Operating power-driven hoisting apparatus;

7. Any work causing exposure to radioactive substances;

8. Operating power-driven metal-forming, punching and shearing machines;

9. Mining, other than coal mining;

10. Slaughtering, or meat packing, processing or rendering;

11. Operating power-driven bakery machines;

12. Manufacturing brick, tile, and similar products;

13. Operating power-driven paper product machines;

14. Operating power-driven circular saws, band saws, and guillotine shears;

15. Wrecking, demolition and ship-breaking;

16. Roofing;

17. Excavating;

18. Working in railway operations;

19. Working in foundries, or working in or about blast furnaces;

20. Buffing or polishing equipment;

21. Handling, serving or selling alcoholic beverages;

22. Working as a firefighter or engineer on any boat or vessel;

23. Manufacturing white or yellow phosphorous matches; and

24. Working at any occupation over thirty five feet above ground, floor or water level (including washing windows in a public or commercial building if the window is more than ten feet above the ground or floor level, or the roof of an adjoining building).

Attachment B: Prohibited Occupations for Fourteen (14) and Fifteen (15) Year Old Minors

1. Manufacturing of any kind;

2. Mining of any kind;

3. Processing, such as filleting fish, dressing poultry, or cracking nuts;

4. Laundering as performed by commercial laundries and dry cleaning;

5. Working in workrooms or workplaces where goods are manufactured, mined or otherwise processed;

6. Working for a public messenger service;

7. Operating or tending hoisting apparatus or any power-driven machinery (other than office machines or machines in retail, food service and gasoline service establishments);

8. Working in any occupations found and declared to be hazardous by official designation;

9. Working in connection with:

a. Transportation of persons or property by rail, highway, air, water, pipeline or other

b. Warehousing and storage;

c. Communications and public utilities; or

d. Construction (including repair), except in office and sales work in connection with these categories as long as office and sales work is not performed at the site of prohibited work;

10. Working in or about boiler or engine rooms;

11. Maintaining or repairing buildings, machines, or equipment;

12. Outside window washing that involves working from window sills;

13. Working on ladders, scaffolds, or their substitutes;

14. Cooking (except at soda fountains, lunch counters, snack bars, or cafeteria serving counters) and baking;

15. Operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters, and bakery-type mixers;

16. Working in freezers and meat coolers and all work in preparation of meats for sale (except wrapping, sealing, labeling, weighing, pricing and stocking when performed in other areas);

17. Loading and unloading goods to an from trucks, railroad cars, or conveyers;

18. Working in warehouses except office and clerical work;

19. Working in any billiard or pool room;

20. Working in the theatrical trades, unless approval is obtained from the State Commissioner of Labor and Industries;

21. Working at an occupation involving industrial homework; and

22. Working in any of the occupations prohibited as listed in Attachment A.

Attachment C: Standard Employment Application Form Language

The information provided in this application for employment is true and complete to the best of my knowledge. In the event of employment, I understand that false or misleading information given in my application or interview(s) may result in discharge.

I authorize investigation of all statements contained in this application and the release of any pertinent information regarding my education, past employment history and background. I authorize the Town of Heath to obtain any information from schools, employers or individuals relating to my activities. This information may include, but is not limited to: academics, achievement, performance, attendance, personal history and discipline. Further, I hereby authorize all references, persons, schools, my current employer (if applicable) and previous employers and organizations named in this application, unless otherwise stated, to provide the Town of Heath any relevant information that may be required to arrive at an employment decision. I understand that the information released is for the Town of Heath’s use only.

I hereby voluntarily release, discharge and exonerate the Town of Heath, its agents and representatives, and any person so furnishing information from any and all liabilities of every nature and kind arising out of the furnishing or inspection of such documents, records and other information or the investigations made by or on behalf of the Town of Heath.

I understand that all appointments are probationary and that I must demonstrate my ability for continued employment. I also understand that I must be available from time to time to work outside normal business hours, as the needs of the department require.

If required for the position I am seeking, I agree to take a physical examination, which may include testing for drugs or a psychological examination, as required, and recognize that any offer of employment may be contingent upon the results of such an examination.

I understand that any employment offer by the Town is conditional upon my ability to establish employment eligibility under the Immigration Reform and Control Act of 1986 within three days of the date of hire.

I represent that I have read and fully understand the foregoing and seek employment under these conditions.

Signature:_____________________________ Date:________________

Discrimination against any person in any practice or procedure in advertising, recruitment, referrals, testing, hiring, transfer, promotion or any other term, condition or privilege of employment which limits or adversely affects employment opportunities, because of political or religious opinions or affiliations, or because of race, color, sex, sexual orientation, national origin, marital status, pregnancy, parenthood, age, military status, or handicap which is unrelated to the person’s occupational qualifications or any other non-merit factor which is not a bona fide occupational qualification is prohibited.

It is unlawful in Massachusetts to require a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liabilities.

Attachment D: Department of Employment and Training Notices

Massachusetts General Laws, Chapter 151A, Section 62 contain several requirements regarding the availability of Unemployment Insurance Benefits to employees through the Massachusetts Division of Employment and Training (DET). Details regarding these requirements can be found on the DET website at www.detma.org. The specific items to be posted or disseminated are listed below and these materials can also be found and downloaded through the DET website.

The DET poster entitled “Information on Employee’s Unemployment Insurance Coverage” (Form 2553-A, Rev.4-02) must be displayed at each site operated by an employer in a conspicuous place accessible to all employees. The post must include the name and mailing address of the employer and the identification number assigned to the employer by the Division of Employment and Training. This form can be found at http://www.detma.org/forms/empforms1.htm.

Under the state’s Employment and Training Law, employers are required to give a copy of the pamphlet entitled “How to File for Unemployment Insurance Benefits” (Form 0590-A, Rev. 02-03) to each employee who is separated from work, permanently or temporarily for seven or more days. The pamphlet must include the name and mailing address of the employer and the identification number assigned to the employer by the Division of Employment and Training. This form can be found and downloaded at http://www.detma.org/forms/empforms.htm.

The DET website also contains a listing of all DET TeleClaims numbers and Walk-in Service Center locations throughout the Commonwealth which can be provided to employees. It also contains a direct link to Chapter 151A of the General Laws of Massachusetts governing how the unemployment insurance program operates in Massachusetts.

Attachment E: Acknowledgement of Receipt of Personnel Policies

Revision date of Personnel Policy: ___________________________

The undersigned hereby acknowledges that he/she has received and read the Personnel Policies and Procedures of the Town of Heath, and agrees to abide by all policies and procedures contained herein.

___________________________________ _______________

Signature Date

___________________________________

Print Name

___________________________________ ________________

Witness Signature Date

___________________________________

Print Name of Witness

___________________________________

Title of Witness

cc: Personnel File

Attachment F: Request for Leave

ALL VACATION/PERSONAL REQUESTS MUST BE SUBMITTED TO THE BOARD OF SELECTMEN AT LEAST ONE WEEK IN ADVANCE OF LEAVE REQUEST. EMERGENCY CIRCUMSTANCES WILL BE CONSIDERED.

Employee _________________________________________ Date________________

Date(s) of Request:	Use of Hours: V=Vacation P=Personal, C= Comp. Time	Total Hours Requested:

Total Vacation Hours Employee has accrued:_____

Total Personal Hours Employee has accrued: _____

Employee: Submit completed form to your immediate supervisor

for approval.

__Approved

__Other_____________________________

__________________________________

Supervisor’s Signature (signature required)

(applicable to Highway Dept personnel)

_________________________________

__________________________

Board of Selectmen (signature required)

(applicable to non-Highway Dept personnel)

Approved on _____________

(date)

Copy to: Employee

Personnel File

Attachment G: Classification Plan and Salary Schedule

Note: The Job Classification Plan documents are not available electronically at this time. Printed copies of these documents will be inserted into printed copies of this Policy until electronic versions can be created.

Attachment H. Return to Work Plan

Return to Work Plan

Note: this information will be handled confidentially

Questions 1 and 2 on this Return to Work Plan are completed by the employee or by the Town Coordinator. Questions 3 through 12 must be completed by the treating physician or other licensed health care provider to identify any necessary work limitations. The purpose of this is to ensure awareness and understanding of why and how long the employee needs to be away from work and the specific work limitations that will need to be implemented in the workplace once the employee returns to work that will promote full recovery and productivity.

The employee should obtain any necessary clarification about restrictions from the physician and provide the signed original of the “Return to Work Plan” to the Town Coordinator who will provide a copy to the employee’s supervisor and to the employee.

1.) Name of employee: ____________________2.) Employee’s job title ________________

3.) Date of medical evaluation: ______________4.) Is condition work-related? ___________

5.) Diagnosis or Condition: ____________________________________________________

__________________________________________________________________________

Check as applicable:

⁪ 6.) Employee must remain out of work until this date__________ and will be reevaluated by me on this date__________.

⁪ 7.) Employee may return to work on this date__________ with NO limitations.

⁪ 8.) Employee may return to work on this date__________ with the following limitations:

Motion	Not applicable to diagnosis	Never	Seldom	Occasionally	Frequently
sit
stand
walk
jump
bend/twist
kneel/squat
crawl
stairs/ladder
reach
work overhead
crouch
bend elbow
push/pull
drive a car or truck
operate heavy equipment
wear a respirator
vibration exposure
lift/carry 10 #
lift/carry 11 - 24 #
lift/carry 25 - 50 #
lift/carry 51 - 75 #
lift/carry 76-100 #
Repetitive use of arm/hand/wrist (R or L)
Repetitive use of foot/leg (R or L)
Work a full workday as scheduled
Work over 8 hours in one day (overtime)
Work a night shift

9.) Additional recommendations: _______________________________________________________

__________________________________________________________________________________

10.) Name of prescription medication recommended (if any) _________________________________

11.) Name of non-prescription medication recommended (if any) _____________________________

12.) Restrictions will remain in effect until the employee is re-evaluate on this date: _______________

________________________________________________ / ______________________

Signature of Licensed Health Care Professional date of evaluation