THE TOWN OF BRISTOL
This Handbook has been established as a guide to the policies of the Town of Bristol for its employees and their supervisors in their relationship to each other and the Town of Bristol. These policies are intended as guidelines only and are subject to change at the discretion of the Town. This Handbook should not be construed as and does not constitute a contract guaranteeing employment for any specified duration. All employee benefit programs, salaries, policies, classifications and pay plans are subject to change and should not be construed as contractual.
This Handbook supersedes any Handbook or policy statements whether written or oral issued prior to date of revision listed below. Policies set forth in this Handbook can be modified, revoked, or added to at any time at the sole discretion of the Town. Any revisions will substitute and replace prior policy or procedure statements and become a part of this Handbook.
Please read this Handbook carefully and keep it for reference in the future. If you have questions about any of these policies, you are encouraged to ask your supervisor or call the Town Manager’s Office at 603-744-3354.
Administrative Responsibility:
By majority vote, the Board of Selectmen is the sole authority for amending this Handbook or Town policies. No supervisor, manager or representative of the Town has the authority to make any promises, commitments, or changes which supersede the policies in this Handbook unless agreed to by the employee and approved by the Board of Selectmen.
Nothing in this Handbook is intended to supersede explicit provisions of the N.H. Revised Statutes Annotated pertaining to specific employees or specific departments, for example the Police and Fire Departments. However this Handbook shall apply to the extent that it is not inconsistent with any such statute, or policy properly adopted under such statute.
Revised: May 8, 2008
TABLE OF CONTENTS
TOC \o "1-5" \h \z 1. General Provisions
1.2. Equal Employment Opportunity Policy
1.3. Americans with Disability Act Policy
1.5. Employee Records and Privacy:
1.10. Licenses and Certifications
1.11 Attendance and Punctuality/Call-In 7
5. Salary Setting for New Hires
6. Fair Labor Standards Act of 1938 Status
9.19 Short-Term Disability 15
10.1. Family & Medical Leave Act of 1993
15. Tuition Reimbursement Policy:
17. Employee Conduct and Progressive Discipline.
19.1. Sexual Harassment Complaint Procedure
20. Work Place Violence Section
Employee Statement and Request
THE TOWN OF BRISTOL
The purpose of this handbook is to establish goals and procedures, to guide administrative actions relating to personnel and to inform employees and put them on notice of information about some of the conditions and policies affecting their employment. This policy is intended to apply to all employees of the Town of Bristol. This policy is not an expressed or implied contract of employment. Only the Board of Selectmen may alter the terms described in the Personnel Policy. Questions regarding any policy should be directed to your supervisor, department head, or the Town Manager.
The Town of Bristol is committed to the principle of equal opportunity for all its employees, and applicants for employment. Therefore, the Town of Bristol does not discriminate on the basis of race, color, religion, sex, national origin, marital status, age, sexual orientation, disability, or status as a veteran in its programs, organizations, or conditions of employment. This policy applies to decisions including, but not limited to, an employee’s compensation, benefits, training and development. It is further the policy of the Town to comply with the letter and spirit of applicable local, state, and federal statutes concerning equal employment opportunity.
The Town will offer equal employment opportunities for qualified individuals who may have a physical or mental disability, and who are able to perform the essential functions of the job with or without reasonable accommodation. The Town will make every effort to provide reasonable accommodation to otherwise qualified disabled applicants and employees. Employees or job applicants with disabilities should discuss any need for reasonable accommodation with their supervisor.
The Town will make every
effort to maintain current job descriptions for every employment position, and
to utilize them for determining the essential functions of each position and the
bona fide qualifications for that position. Employees and applicants for any
job may request copies of the relevant job descriptions. Employees who believe
that their own or another person’s job description no longer accurately reflects
the nature of the position are encouraged to raise the issue with their
supervisors. Supervisors will provide the Town Manager with copies of requests
for job information.
Job Descriptions will be reviewed every 3 years and updated as necessary. It will be the responsibility of the Town Manager and the Department Heads combined to complete this task.
Official employee records are maintained in the Town Office Building by the Town Manager. Typical examples of records kept are an employment application, resume, letters of reference, records of training, documentation relating to performance and compensation, and other records. Additional records may be kept by respective departments for purposes of documenting training, scheduling and non-confidential information.
Access to employee records is limited to supervisors and management personnel of
the Town who have an official reason to review them. The Town will take
reasonable steps to keep personnel files confidential from unauthorized
individuals, to the extent permitted by law. Town employees who breach this
confidentiality standard may be disciplined in accordance with Section 17,
Employee Conduct and Progressive Discipline.
Employees wishing to review their personnel files may do so, in the presence of
the Town Manager or designee. Requests for copies of documents in the personnel
file must be made in writing at least 24 business hours prior to requested
review date/time, and must specifically identify the document, if the request is
for less than the entire file. One copy of any document or of the entire file
will be provided to the employee without charge, within 5 business days.
Additional copies will be provided at the posted copy rate.
The Town of Bristol offices are open to the public and therefore, it is important that work areas be neat and clean and an employee’s attire and appearance be appropriate for a business setting during normal office hours, while at work. Footwear must be worn at all times. Employees should consider their audience and activities when determining appropriate attire, including attendance at workshops, seminars, meetings, etc. external to the Town; questions regarding appropriate attire/appearance should be directed to the employee’s supervisor. In departments where the Town provides uniforms, they are required to be worn. Individual departments and supervisors may establish more specific policies on dress and appearance appropriate for particular positions, with the approval of the Town Manager.
The Town discourages the hiring of relatives in the same department.
The Town’s reputation for integrity and excellence requires careful observance by all officers and employees of the principles of fair dealing and ethical conduct, observance of the spirit and letter of all applicable laws and regulations, and a scrupulous regard for the highest standards of conduct and personal integrity. The continued success of the Town is dependent upon citizens’ trust, and all employees are expected to act in a way that will merit such trust and confidence, and to refrain from any illegal, dishonest or unethical conduct. If a situation arises where it is difficult to determine the proper course of action, the matter should be discussed openly with the employee’s supervisor, and/or if necessary with the Town Manager for advice and consultation. Disregarding or failing to comply with this standard of ethics and conduct may lead to disciplinary action, up to and including termination of employment.
Employees have an obligation to avoid conflicts of interest. An actual or potential conflict of interest occurs when an employee is in a position to influence a Town decision that may result in personal gain for that employee or for a relative or associate as a result of the Town’s operations. Any potential conflict, including any potential influence on transactions involving the Town, shall be disclosed to an official of the Town as soon as possible so that safeguards can be established. No employee, or relative or associate of an employee, shall realize personal gain from any Town business transaction, or shall receive any kickback, bribe, gift, or special consideration as a result of any such transaction.
Employees are prohibited from directly or indirectly soliciting, accepting or receiving any gift, gratuity, favor, service, loan, or any other thing of value from any person whose interests might reasonably be expected to be affected by the employee’s performance or non-performance of official duties. Any such gifts or gratuities offered shall be returned to the sender with an expression of thanks and an explanation of this policy. Items of minimal value such as pens or baked goods may be accepted, so long as acceptance cannot be construed as improper influence.
Certain positions require the possession and maintenance of licenses and certifications including, but not limited to, motor vehicle operators’ licenses and professional certification. Whether or not attainment and/or maintenance of a particular license or certification is required for a particular position will be specified in the job description. Attainment within the time frame specified and/or maintenance will be considered a condition of employment and/or continued employment.
All employees who operate Town vehicles are required to notify their supervisor of license revocation or suspension the next working day following receipt of the notice of revocation or suspension. Such notification shall be in writing and shall include a copy of the notice of revocation or suspension. Employees who fail to notify as described may be subject to termination of employment.
1.11 Attendance and Punctuality/Call-in
The work our employees perform is essential to the success of the Town. Your supervisor and fellow employees depend on you to attend work regularly and on time so that we as a Town can be successful. When you do not work your scheduled hours other employees must handle your workload. If you are going to be late for work or absent we expect you to do the following:
Repeated absences (excused or not), and/or failures to inform your supervisor that you will be late or absent may result in disciplinary action up to and including termination. If you do not report to work and have not notified the Town and your absence continues for a period of three consecutive (3) days, the Town will consider that you have abandoned your job and have decided to terminate your employment.
Call-In Procedure
If you are going to be late or absent please contact your supervisor no later than 30 minutes before your scheduled shift. In the event that you are unable to reach your supervisor, you may leave a message on voice mail but you are required to continue to call until you have spoken with him/her personally.
Full-Time: employees who are regularly employed on a continuous work schedule that averages 35 or more hours per week.
Part Time: employees, who are regularly employed on a continuous work schedule of less than 35 hours per week. Occasional workweeks of 35 hours or more due to unusual circumstances shall not be a basis for conversion of a part time position to a full time position. Part time employees are not eligible for benefits.
Temporary Employees have a temporary status if working on an ad hoc, on-call, seasonal, or other casual and temporary basis for any number of hours in a workweek, with the understanding that the employment will normally terminate within nine months from the start date or completion of a specific assignment. Temporary employees are not eligible for benefits.
All candidates applying for employment must secure and file an official application. Each applicant shall sign the form, and the signature shall certify the accuracy of all statements. The Town relies upon the accuracy of information contained in the application, as well as of the other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data will be grounds for rejecting an applicant, or for termination of an employee who has already been hired.
All applicants will be required to agree to a criminal records check and/or license review once a conditional job offer has been made. Failure to agree to these checks will make an employment offer null and void.
All new employees will have a one (1) year probationary period. The probationary period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. The Town uses this period to systematically evaluate employee capabilities, work habits and overall performance. At the end of the probationary period a decision will normally be made whether the employee meets the requirements of the position. New employee performance shall be evaluated during the first six months and the supervisor shall discuss unsatisfactory work with the employee prior to the end of six months. This will allow the employee a chance to correct their work level before the probationary period ends. Either the Town or the employee may end the employment relationship at any time during or after the probationary period, with or without cause. In the cases where cause or just cause is required by contract or statute, the probationary period will act as a trial period where cause is not required to terminate the employment relationship.
It is the objective of the Town of Bristol to pay fair and equitable salaries, to the extent that the budgeted resources of the Town allow.
Department heads are responsible for recommending hiring pay rates to the Town Manager within the pay range for the position. Final authority to set pay rates rests with the Town Manager, subject to town meeting appropriation.
Entry-level rates of pay and raises will be established using criteria such as job responsibilities, job performance, prior experience and training, rates paid comparable to positions in the area, and level of available funds.
Adjustments in compensation may be made annually in the first full pay period following April 1, upon recommendation of the department head to the Town Manager, within pay ranges adopted in the pay plan and within the budgetary constraints of the Town’s budget. No pay increase will be effective until it is submitted on a properly approved PAF.
This class of positions shall consist of executive, professional and administrative positions as determined by the Fair Labor Standards Act of 1938 (FLSA) as amended. Exempt positions are exempted from overtime payments.
This class of positions shall consist of all clerical, secretarial, labor, support and other positions as determined by the FLSA and are paid at an hourly rate for time actually worked, Non-exempt positions are required to be paid over-time as determined by the FLSA.
“Time Worked” shall mean all time actually worked while acting directly in the scope of employment, vacation, or other earned leave excluding sick time. Call back pay for all employees shall be paid at a minimum of 2 hours per day when showing up for work. For purposes of this document a day shall be defined as follows:
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Fire Department a day equals |
12 hours |
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for all other employees a day equals |
8 hours |
Time worked by non-exempt employees, with the exception of firefighters, in excess of 40 hours in any one work week shall be compensated at the rate of time and one half of the employee’s normal hourly rate as determined by FLSA Fire Department overtime will be paid for hours over 53 as allowed by FLSA.
The employee's supervisor must pre approve overtime. Failure of any employee to seek prior approval for overtime work may result in disciplinary action.
An employee may receive compensatory time off at the rates specified in 6.4 in lieu of overtime pay upon mutual agreement between the Employer and the employee. An employee may not accumulate more than 20 hours of compensatory time, and to the extent possible, shall use the compensatory time within the same pay period as it is earned. In certain circumstances involving public safety personnel the Town Manager may grant a written waiver to exceed the 20 hour maximum.The Department Head shall be responsible for ensuring that compensatory time is tracked, and when possible, used within the pay period that it is earned. Compensatory time shall be approved by the Supervisor and will be calculated at time and one half for each overtime hour worked. All compensatory time earned and used must be documented on the form provided by the Town Manager. Approved forms are also kept by the Town Manager.
In the event that conditions occur that would endanger staff or citizens, the Town Manager , in consultation with the appropriate Department Head(s), shall order a temporary closing of the Town Offices. Non-essential staff either on duty or prior to reporting to duty may be advised to stay at home. Essential staff shall report to their regularly assigned locations, unless otherwise notified. The Town Manager shall make every effort to advise the Selectmen of the decision as soon as is reasonably possible.
Conditions for closure:
Ø Weather,
Ø Fire,
Ø Flood, or
Ø Other natural or manmade disaster that would endanger the health and safety of the employees or citizens of Bristol.
Non-essential staff sent home or notified not to report for work shall receive their normal rate of pay for scheduled hours of work.
For purposes of this section non-essential staff shall consist of clerical, tax collector, assistant tax collector, or accountant.
Essential staff shall refer to staff, who by their very function, would be needed to aid in the emergency situation.
If an employee is planning to be on vacation and would like advance vacation pay, the accountant must receive a signed PAF (personnel action form), indicating the vacation dates at least one work week in advance of the regular payday immediately preceding the vacation period. Advance vacation paychecks will be distributed on the regular payday immediately preceding the vacation period. These forms must be submitted with the timesheets for the preceding pay period. If the vacation should include two different calendar years, it will not be possible to advance vacation pay for the week in the new calendar year.
Based on the requirements of each department the Town determines daily and weekly work schedules. The department heads establish employee schedules and the department heads are responsible for scheduling staff coverage adequate to serve the public, in accordance with policies determined by the Town Manager. Such schedules may be changed at the discretion of the Town Manager to suit varying conditions.
Employees are entitled to a lunch break as established by the Wage and Hour regulations of New Hampshire and the FLSA. Lunch breaks shall be given to employees working a consecutive five hour time period. Additionally, employees are permitted two fifteen minute breaks per day on a schedule as determined by each department.
Full-time employees are eligible for all paid time off policies described below.
Any employee requesting paid or unpaid time off or extended training (2 days or more) out of town must submit a Personnel Action Form (PAF) to the department head, for approval with a copy to the Town Manager for informational purposes. The department head should act on the request in a timely fashion and return the form to the employee. Approved forms must be submitted with the employee’s timesheet covering the period of leave granted. (See Section 10.)
The Accountant maintains leave records from information provided on employee time sheet(s) and PAF. On a quarterly basis employees will receive a detailed accounting of leave status. Should an employee have questions regarding this information, s/he should contact the Accountant.
All full time employees shall receive their regular compensation for the following holidays, or any other day proclaimed by the Board of Selectmen as a day of holiday observance. All regularly scheduled year round part time employees shall receive prorated holiday pay (ex: a 20hr per week employee that works for the town year round would be eligible for 4 hrs holiday pay or 50%, a part time employee who works year round 10hrs per week is 25% or 2hrs of holiday pay. These calculations shall be rounded to the nearest hour). This does not apply to seasonal, on call, or other employees scheduled on an as needed basis. To qualify the employee must be scheduled to work every week year round. Any employee shall forfeit their right to payment for any holiday if they have an unapproved absence on the last regular workday preceding the holiday or on the next regular work day following the holiday.
New Year’s Day Labor Day Fourth of July
Veteran’s Day Christmas President’s Day
Memorial Day Thanksgiving The Day After Thanksgiving
Civil Rights Day
If a holiday falls on a Saturday, the holiday will be observed on the Friday preceding; if a holiday falls on a Sunday, the holiday will be observed on the Monday following. Non-exempt employees shall receive time and one half compensation, in lieu of holiday pay, if required by their supervisor to work on any holiday.
Section 9.1 shall not apply to police officers or firefighters whose work schedule conflicts with the above holidays. The respective chiefs will schedule a paid day off in lieu of the worked holiday.
It is the intent of the Town to strongly encourage employees to utilize vacation time in such a manner as to enable them to take five consecutive days of leave annually. Vacation time may be taken with prior approval by the employee’s supervisor. Department heads may take staffing needs into consideration when approving leave requests. Employees should clear vacation schedules with their supervisors before making any final plans, paying deposits, purchasing non-refundable tickets, etc. Requests for vacation time must be submitted at least two weeks in advance unless there is a viable emergency situation that precludes the employee from contacting his/her supervisor within that time period. Vacation time may be taken, by mutual agreement, in one-hour segments for doctor’s appointments, etc.
Vacation time shall accrue for all full time employees based on the employee’s length of service and shall be earned at six-month intervals from their date of hire.
All regularly scheduled year round part time employees shall receive vacation pay in the same manner as full time employees but on a prorated basis. (ex: a 20hr per week employee that works for the town year round would be eligible for 50% of the vacation pay as accrued for full time employees and a part time employee who works year round 10hrs per week is eligible for 25% of vacation pay as accrued for full time employees). These calculations shall be rounded to the nearest hour. This does not apply to seasonal, on call, or other employees scheduled on an as needed basis. To qualify the employee must be scheduled to work every week year round.
Full-time employees who are newly hired will begin to accrue vacation immediately upon hire but will not be eligible to utilize Vacation Time until they have been employed for six (6) months.
Full time employees who have worked less than six (6) consecutive years shall be eligible for 10 days of vacation leave per year.
Full time employees who have worked six (6) consecutive years but less than ten (10) consecutive years shall be eligible for 12 days of vacation leave per year.
Full time employees who have worked ten (10) years consecutive but less than fifteen (15) consecutive shall be eligible for 15 days of vacation leave per year.
Full time employees who have worked fifteen (15) consecutive years but less than twenty (20) consecutive shall be eligible for 18 days of vacation leave per year.
Full time employees who have worked twenty (20) consecutive years but less than twenty-five (25) consecutive shall be eligible for 20 days of vacation leave per year.
Full time employees who have worked twenty-five (25) consecutive years or more shall be eligible for 25 days of vacation leave per year.
After 25 consecutive years of service an employee cannot earn more than 25 days of vacation. This amount is the maximum allowed.
A full time employee may accumulate a maximum of thirty days (30) of vacation time that may be carried over to the next fiscal year. All regularly scheduled part time employees may accumulate a maximum of (5) five days that may be carried over to the next fiscal year. Employees shall not be compensated for time not taken, except in the case of termination of employment when employees are eligible for their accrued time, which shall not exceed 30 days for full time and 5 days for regularly scheduled part time employees.
In the event that a paid holiday falls during an employee’s vacation, said holiday will be charged as a paid holiday and not as a vacation day.
The Town recognizes that employees will need days off from work from time to time to address their health needs. For this purpose, Sick time shall accrue for all full time employees and shall be earned on a quarterly calendar basis. Sick time may be taken in one-hour segments as mutually agreeable. Full time employees shall be eligible for 60 hours of sick leave per year, which shall accrue on a prorata basis as described above. The maximum sick leave that may be accrued by an employee is 400 hours . The only exception to this maximum is if an employee has accrued more than 400 hours as of October 1, 2007; any accrued sick time above 400 hours but equal or less than 480 hours as of October 1, 2007 shall be considered grandfathered and such time shall not be forfeited. This time shall be held in a grandfathered sick time account for the employee. This grandfathered sick time shall be treated in the same manner as sick time in all other respects. After October 1, 2007, however, such employees will be limited to the maximum sick leave limit of 400 hours in addition to his or her separate grandfathered sick time account.
Notification must be immediately made to the employee’s supervisor indicating the length of time the employee expects to be absent. This prompt notification is required and may be given by the employee or through a family member. The Town reserves the right to require employees to provide a note from a physician verifying that an absence was caused by a medical situation. The Town also reserves the right to require documentation from the treating physician authorizing the employee to return to work.
When possible, employees are expected to schedule planned medical appointments in a manner that minimizes disruption of workflow. Further, employees must use sick leave for its intended purpose. Misuse of paid sick leave will result in disciplinary action up to and including termination.
Employees who are on FMLA leave must use sick leave concurrently with FMLA leave until all sick leave is exhausted. For more information on this, employees should consult the Town’s FMLA policy.
In the event that all accumulated sick leave has been used, the employee may
take any accumulated vacation days, bonus days, and personal days with prior
approval of the Town Manager. The Town Manager may grant extended, non-paid
leave of absence.
Employees may, at the option of the Town Manager, be allowed to use sick and or other accumulated time to offset the loss of pay during a workers’ compensation claim. Workers’ Compensation normally pays 66.66% of an employee’s normal salary, the employee with permission of the Town Manager may choose to use their own accumulated sick time or other time after sick time has been exhausted to make up the 33.33% of their normal salary.
Upon retirement (with a minimum of 20 years of continuous service), any full time employee shall receive payment in a sum equal to 1/3 the number of accumulated sick time. The amount of sick time eligible for payment shall not exceed twenty days. With all other terminations of employment, employees shall not be paid for accrued sick time.
The Town is authorized to provide additional sick leave to an employee under the following conditions:
Ø A request for additional sick leave shall be forwarded to the Town Manager by the employee or the Department Supervisor stating the reason(s) for the request and the amount of additional sick leave requested.
Ø The Town Manager shall request a recommendation from the Department Supervisor of the requesting employee.
Ø The Town Manager shall approve or deny the request in whole or in part.
Ø The response to the request shall be transmitted to the requester by the Town Manager.
Ø If the request is approved, the Department Supervisor and/or the Town Accountant shall solicit donations from employees who wish to contribute unused sick leave up to the amount of the authorization. Contributed sick leave shall not be counted against time accumulations as provided in article 9.5. If the request is not approved, no further action shall be taken.
Ø The employees contributing sick time must compete a PAF indicating the amount of their accumulated sick time they wish to donate, with a statement that the employee understands that they have forfeited all claims to the sick time donated if used in this manner.
Ø Sick leave granted under this section will not exceed the amount contributed.
No request shall be approved for more than ninety (90) days, although nothing shall prohibit additional requests.
All full time employees shall receive one day of bonus leave for each three-month period during which time the employee does not utilize any sick leave. Bonus leave may be accrued up to a maximum of 20 days and shall be administered according to the provisions of the vacation leave policy. Use of sick time related to an on the job injury shall not count against the accumulation of sick time. An employee who is out of work due to a workers’ comp injury, shall be eligible for only the next accumulated bonus day. Upon return to duty the bonus time shall accumulate as normal.
All full time employees shall earn five (5) personal days of leave per year. Personal days may not be taken before they are earned. Personal days are earned on the following dates: February 1, April 1, June 1, August 1, and October 1. Personal days are non-cumulative, and must be used by January 31 of the following year. Requests to take personal leave are subject to supervisor approval, in the same manner as vacation time.
Any full time employee entering military service for the United States whether by national guard reservist, enlistment or government call for is entitled to Military Leave. Such leave protects the employee’s seniority and right to return to the same or a comparable position. Federal Law requires all employers to observe certain veteran’s rights to reinstatement following military duty. Employees on military leave may continue health insurance coverage in the same way as COBRA by paying the applicable insurance premiums. Military leave is granted without pay.
Any full time employee called for jury duty shall be excused from work for the duration of the employee’s service and shall receive the difference between regular pay and jury pay, provided the employee presents an official statement of pay received. All benefits shall continue to accrue during such absence.
9.10. Short-Term Disability
There is no waiting period to be eligible for a benefit under Short-Term Disability. An employee must be disabled for 8 consecutive calendar days due to an illness and the first day due to an accident
To request Short-Term Disability benefits, an employee must submit an application to the Town Manager. An employee must also submit with the application a physician's statement defining the date of onset of the disability, the nature of the disability, how the disability prevents the employee from performing regularly assigned essential duties, and the expected recovery date. Application forms are available in the Town Manager’s Office.
The Town maintains the right to request additional medical statements from the healthcare provider and/or to direct the employee to a second medical evaluation with a healthcare provider selected and paid for by the Town.
To be eligible to receive Short-Term Disability payments, the disability must occur while the employee is insured under the policy. An eligible employee is paid a weekly income benefit based on days missed if the employee is disabled by an injury or illness that is not sustained in the course of employment with the Town and the employee is prevented from performing his or her duties pertaining to the Town employment because of the disability. The amount of the Short-Term Disability benefit is sixty percent (60%) of salary up to a maximum of $750 per week. Employees may, at the option of the Town Manager, be allowed to use sick and or other accumulated time to offset the loss of pay during a Short-Term Disability claim.
Other eligibility requirements may be applicable which are more fully described in the benefit plan. Group health benefits will continue on the same basis as prior to the onset of Short-Term Disability benefits. Short-Term Disability benefits will be subject to all payroll withholding elections of the employee which were in effect prior to the Short-Term disability. When the benefit plan conflicts with the above policy, the benefit plan document will prevail.
Under the provisions of the Family & Medical Leave Act of 1993 (“FMLA”) all employees who have at least 12 months of service and who have worked at least 1,250 hours during the previous 12-month period preceding the commencement of the leave are entitled to twelve unpaid workweeks of designated Family Medical Leave (FMLA) during a twelve-month period in the event of:
A. The employee’s own serious health condition; or
B. A serious health condition (See “Definitions”) of the employee's parent, spouse, minor child or an adult child when the adult child is not capable of self care and the employee is needed for such care; or
C. The birth and care of employee’s newborn child (leave must be taken within 12 months of the birth); or
D. An adoption or foster care placement of a child with employee in order to care for the child (leave must be taken within 12 months of the placement).
As stated above, an eligible employee is entitled to a total of 12 workweeks of leave during any 12-month period. That 12-month period is defined as a "rolling" 12-month period forward from the first date an employee uses any FMLA leave. In other words, the 12 months will be calculated forward from the first day on which the FMLA begins.
Eligibility and Duration
Employees may take FMLA intermittently (in blocks of time, or by reducing their normal weekly or daily work schedule) if the leave is for the serious health condition of the employee or employee’s parent, spouse, minor child or an adult child when the adult child is not capable of self care and the employee is needed for such care, and the reduced leave schedule is medically necessary as determined by the health care provider of the person with the serious health condition. A note from the attending health care provider will be required for all intermittent leave. Intermittent leave or reduced schedules may be arranged only if agreed to by both the Town Manager and the employee. If an employee takes intermittent or reduced schedule family leave, the Town may require the employee to temporarily transfer to a position better suited to that schedule. If the intermittent leave is taken for baby bonding following the birth or adoption of a child or foster child, the leave must be taken in minimum increments of at least two (2) weeks at a time.
The maximum amount of leave available to spouses who are both employed by the Town is limited to a twelve-week period between the spouses when leave is taken for the birth, adoption or foster placement of a child with the employee. Leave for such reason must be initiated within twelve months immediately following the birth, adoption or placement of the child.
Compensation During Family Medical Leave
The compensation you receive during FMLA depends on the reason you are taking leave:
Employee’s own serious health condition (Type A leave)
· Vacation Leave – employees are required to utilize any accrued vacation leave
· Sick leave – employees are required to utilize any available sick leave
· Disability insurance (for those who are eligible for the Town’s policy)
· Balance of the leave is unpaid once all of the above is exhausted
Employee’s Caring for a Family Member with Serious Health Condition (Type B leave)
· Vacation Leave – employees are required utilize any accrued vacation leave
· Balance of the leave is unpaid
Pregnancy/Maternity/Paternity/Adoption etc. Leave (Type C and D leave)
· Vacation Leave – employees are required to utilize any accrued vacation leave
· Sick leave – employees are required to utilize any available sick leave
· Disability insurance (for those who are eligible for the Town’s policy)
· Balance of the leave is unpaid once all of the above is exhausted
Benefits During Family Medical Leave
You will continue to receive the same health benefits while on leave as if you were actively employed, up to a maximum of 12 workweeks in a 12-month period. If you do not return to work at the end of the leave, you may be required to reimburse the Town for its contribution to your health coverage. If your available paid time off has been exhausted and the remaining portion of your leave is unpaid you will be required to continue to pay for your portion of your health benefit contributions directly to the Town provided it falls within the 12-week period. Make your personal check payable to the Town. Payment for the month’s benefits is due on the first day of that month.
You will continue to accrue vacation leave and receive holiday pay while on paid leave. Once your leave changes to an unpaid status your vacation accrual will cease and you will not be eligible for holiday pay.
Notice and Certification of Leave
Unless the need for an absence is not reasonably foreseeable (e.g., an emergency medical situation), a request for FMLA must be submitted in writing at least thirty (30) days before the commencement of the leave. If the need for leave is unexpected, such as a serious injury in a car accident or a premature birth, the employee must notify the Town as soon as possible and, in no event, more than two days after knowing of the need for leave. Requests must be supported by appropriate documentation, including notice from the attending healthcare provider (see definition) indicating the need for the absences and the anticipated date of return. Such documentation is also required if the leave is for the purpose of supporting a family member during his or her illness. The Town reserves the right to require a second or third opinion, at its own expense regarding the employee’s own serious health condition. Re-certification from the health care provider must be provided if additional leave is required. The Town also requires certification by the employee’s health care provider stating the employee is fit to return to work and perform the essential duties of his/her job. The necessary forms are available from the Town Manager. In cases where the Town does not have sufficient information, it may make a preliminary designation of FMLA and will provide notice in writing that the leave has been declared an FMLA leave.
Definitions
“Serious Health Condition” is generally defined by the FMLA as an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. A “serious health condition” generally will not include the common cold, the flu, earaches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems and periodontal disease.
“Health Care Provider” may be a physician, surgeon, nurse practitioner, nurse midwife or other person licensed in the United States or any other country.
Returning to Work From Family Medical Leave
Under most circumstances, upon return from family/medical leave, an employee will be reinstated to his or her original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions provided the employee can perform the essential functions of the job. However, an employee has no greater right to reinstatement than if he or she had been continuously employed rather than on leave. For purposes of the Town’s Time Off Policy you will return to the Town with no less seniority then when your leave began. Performance and salary reviews will be extended based on the length of your leave. Failure to return from leave in accordance with a mutually agreed date or acceptance of employment elsewhere may result in termination.
If the FMLA was as a result of the employee’s own serious health condition, the employee must obtain a release to return to work from his/her health care