MUNICIPAL EMPLOYEES PERSONNEL POLICY
Adopted - May 2, 1989
Amended - September 5, 1989
November 14, 1989
January 8, 1991
July 2, 1991
November 10, 1992
December 7, 1993
November 1, 1994
June 6, 1995
September 5, 1995
September 3, 1996
October 7, 1997
September 1, 1998
July 20, 2005
TABLE OF CONTENTS
Accidental Needle Stick Procedure
Affirmative Action
AIDS Exposure Procedure
Alcohol & Drug Use and Abuse
All Leave Utilized
Amendments and Interpretations
Anti-Nepotism
Attendance and Lateness
Bereavement Leave
Classifications
A. Regular Full Time
B. Regular Part Time
C. Temporary Employees
Compensation
Compensatory Time
Confidentiality Policy
Conflict of Interest
Disciplinary Action
Employee Assistance Program
Rights of Employees Utilizing the Employee Assistance Program
Employee Conduct
Evaluation of Performance
Family Medical Leave
Flexible Reimbursement Benefits Accounts
Gratuities
Grievance Procedure
Harassment Policy
A. Sexual Harassment
B. Verbal Harassment
Health Insurance
Holidays
Income Protection
Infectious Disease Policy
Jury Duty
Leave of Absence
Life Insurance
Military Leave
Outside Compensation
Outside Compensation
Overtime
Performance Evaluation
Personnel Records
Physical Exams
Policy on Harassment
A. Sexual Harassment
B. Verbal Harassment
Political Activity
Probation
Promotions
Purpose
Recruitment
Reimbursement of Expenses
Resignations
Retirement
Safety Policy
Severability
Sick Leave
Smoking Policy
Town Property
Training & Education
Tuition Reimbursement Policy
Vacation
Video Display Terminal Training Policy
Work Hours
Work Schedules
Worker’s Compensation
TOWN OF GORHAM MUNICIPAL EMPLOYEES PERSONNEL RULES AND REGULATIONS
GENERAL PROVISIONS
PURPOSE
The general purpose of this policy is to establish a system of personnel administration that meets the social, economic and program needs of the Town of Gorham. This policy includes policies and procedures for employee hiring and advancement, fringe benefits, retirement, discipline and other related activities. All references to masculine gender as used in these Rules and Regulations are intended to include both male and female.
SEVERABILITY
If any provision of these Rules and Regulations or the application hereof to any person or circumstances is held invalid, this invalidity does not affect other provisions or applications of these Rules and Regulations which can be given effect without the invalid provision or application, and for this purpose the provisions of these Rules and Regulations are severable.
AFFIRMATIVE ACTION
As an Equal Opportunity Employer, the Town of Gorham shall employ, upgrade, and promote employees without discrimination as to race, creed, age, sex, disability, national origin or political affiliation, the best qualified persons who are available at the salary level established for the position, with first preference being given to citizens of the Town, all other factors being equal.
RECRUITMENT
The character of the recruitment and selection process for all town positions will vary with the position. Within the limits of time during which a position must be filled, there shall be as wide a search for qualified candidates as is practicable, this may include advertising, open competitive examination, contact with state and other employment offices and contact with special sources of information. It shall be the duty of the Town Manager or the responsible body to seek out the most qualified employees for the Town. Citizens of Gorham will be given first preference for the position, all factors being equal among the candidates.
ANTI-NEPOTISM
No immediate family member of any department head may be gainfully employed to work in his/her department. “Immediate family” means parents, spouse, brother, sister, child, stepchild, adopted child, grandmother, grandfather, mother-in-law, and father-in-law.
PHYSICAL EXAMS
As a condition of employment, the Town may require a physical exam by a physician of the Town’s choice at the expense of the Town.
COMPENSATION
The Town is committed to providing an equitable and competitive compensation package that will attract and retain well-qualified employees.
TYPES OF CLASSIFICATIONS
A. REGULAR FULL TIME: A regular full time position shall be year-round in nature and the incumbent shall be required to work the standard work week of their particular department. He is subject to all personnel rules and regulations and receives all benefits and rights as provided by these rules.
B. REGULAR PART TIME: An employee in this classification works less than the normal work week, but on a continuing basis. The employee is subject to all personnel rules and regulations. Employees who work 30 or more hours per week are eligible to receive vacation, sick leave, and holiday benefits in proportion to the hours worked effective July 1, 1995. Employees who work 20 or more hours per week are eligible to receive sick leave, vacation leave, and paid holidays in proportion to the hours worked, provided that the holiday falls on the day that the employee was regularly scheduled to work, but are not eligible for other benefits such as Disability Insurance (effective July 1, 1995).
C. TEMPORARY EMPLOYEES: Temporary employees work on a non-permanent basis usually within a limited time frame. They are not entitled to benefits such as retirement, health insurance, holiday pay, or sick pay.
PERSONNEL RECORDS
Personnel records are maintained for each employee of the Town. Any employee may review his/her files, in the presence of the staff member with responsibility for the files, between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday. So as not to cause inconvenience the employee shall set up an appointment for such a review in advance.
PROBATION
Any employee appointed to a regular position shall be considered on probationary status for the first 180 days of employment. The object of the probationary period is to determine the ability of the employee to adhere to required work standards through a 180 day period of observation and review by the department head. During the probationary period, the department head, with the approval of the Town Manager, may remove an employee who is unable or unwilling to perform the duties of the position satisfactorily or whose work habits and dependability did not merit his continuance of service.
After the first 180 days, the employee shall receive a formal written evaluation by his/her supervisor which will be delivered to the Town Manager. A successful evaluation will result in the employee being transferred to regular status.
EVALUATION OF PERFORMANCE
Any employee appointed to a regular position shall be considered on probationary status for the first 180 days of employment. After 180 days, the employee shall receive a formal written evaluation by his/her supervisor on a standardized evaluation form. A successful evaluation will result in being transferred to a regular status after 180 days.
EMPLOYEE CONDUCT
All employees are expected and required to treat the public with promptness, patience, courtesy and respect. Employees are expected to conduct themselves at all times in a manner that will bring no discredit to their department or to the Town.
CONFIDENTIALITY POLICY
During the course of their duties, employees of the Town of Gorham often are privy to information about individuals which is sensitive and should be kept confidential. Examples include, but are not limited to, labor relations or personnel actions. Employees are expected to respect the confidential nature of such information.
ATTENDANCE AND LATENESS
Employees shall be at their respective places of work in accordance with the general or departmental regulations. In the event of necessary absence because of illness or any other cause, it is the responsibility of employees to see that their department head is advised of the reason for absence prior to the start of the work day and on each subsequent day so he may adjust the daily schedule of work as necessary. Similarly, if you are going to be unavoidably detained for some reason, phone your department head and let them know you will be late and when you expect to arrive at the work place.
PROMOTIONS
Town employees shall be given maximum opportunity for advancement in the service. Present employees shall be given first consideration in filling a vacancy, but it is recognized that the good of the community may require that a vacancy be filled from outside the ranks of employees of the Town of Gorham. A decision shall be made only after careful review of the qualifications of all Town employees who apply for the position.
TRAINING AND EDUCATION
Both the Town and its employees profit from the provisions of educational training opportunities reasonably related to the employee’s position for which provisions have been made in the budget. It shall be the responsibility of the Town Manager to provide to Town employees reasonable opportunities for such in-service training and attendance at schools or conferences as will improve quality of performance and bring about more efficient and more effective operation.
CONFLICT OF INTEREST
No Town employee who is authorized to make purchases shall have any interest either directly or indirectly in any contract with the Town.
GRATUITIES
No Town employee shall accept any gratuities, of any type, from any person or organization, with whom that employee or any other Town employee deals.
REIMBURSEMENT OF EXPENSES
Travel Expenses. Employees shall be reimbursed for reasonable and necessary expenses incurred while carrying out approved, official Town business. Such reimbursement shall be made in accordance with current approved rates upon submission of a standard expense sheet, signed by the employee’s immediate supervisor. Such reimbursement shall not apply to travel between employee’s home and the Town office. Requests for reimbursement of meals, parking fees, lodging and registration fees must be accompanied by receipts of same whenever possible.
TOWN PROPERTY
Employees must not, directly or indirectly, use or allow the use of Town property of any kind for other than official activities. Town telephones may be used for personal business only on an emergency basis. Any personal long distance telephone calls must be charged to your home telephone number.
OUTSIDE COMPENSATION
Any employees receiving payment for services, from non-Town sources, rendered during his/her normal work day and for which work day Town compensation was given, shall turn the entire amount of that compensation over to the Treasurer, Town of Gorham. This provision does not apply to activities outside the work day or during periods of vacation.
OUTSIDE EMPLOYMENT
A Town employee may engage in outside employment. However, no employees may engage in outside employment which in any manner interferes with the proper and effective performance of the duties of their position, results in a conflict of interest, or if it is reasonable to anticipate that such employment may subject the Town to public criticism or embarrassment. Employees must inform their department supervisor of their outside employment. If the Town Manager determines that such outside employment is disadvantageous to the Town, he shall notify the employee in writing that the outside employment must be terminated. Any employee who engages in employment outside their regular working hours shall be subject to perform their regular duties first.
The Town shall in no respect be liable nor grant sick leave or disability leave in cases where an employee is injured or contracts an occupational illness or develops occupational disability while engaged in outside employment.
POLITICAL ACTIVITY
While working for the Town, all employees shall refrain from seeking or accepting nomination or election to any office in the Town government and from using their influence publicly in any way for or against any candidate for effective office in the Town government. Town employees shall not circulate petitions or campaign literature for elective Town officials, or be in any way concerned with soliciting or receiving subscriptions, contributions, or political service for any person for any political purpose pertaining to the Town government. This rule is not to be construed to prevent Town employees from beginning, or continuing to be, members of any political organization from attending political meetings, from expressing their views of political matters, or from voting with complete freedom in any local state or national election.
DISCIPLINARY ACTIONS
Whenever, in the supervisor’s judgment, employee performance, attitude, work habits, or personal conduct at any time falls below a suitable level, the supervisor shall inform the employee promptly and specifically of such lapses and give counsel and assistance. If appropriate and justified, a reasonable period of time for improvement may be allowed before initiating disciplinary action.
Disciplinary action shall consist of the following:
1) Verbal Warning
2) Written Warning
3) Suspension up to 10 days/ withholding or defer pay increase
4) Dismissal
Dismissal shall only be done with the prior knowledge of the Town Manager. Notice of such action shall be given in writing to such employee, with a copy to the Town Manager. Such notice shall specify the action taken, the reason therefore, and the extent and duration of the penalty. This notice shall be given to the employee at the time of the disciplinary action.
Any employee who feels that he/she has been treated unfairly shall have access to the grievance procedure as outlined in these rules and regulations.
GRIEVANCE PROCEDURE
The term “grievance” means any dispute between an employee and management concerning the effect, interpretation, application or claim of breach of violation of Town of Gorham Employment Rules and Regulations.
Excluded from consideration of grievance are those matters pertaining to: hiring, promotion of personnel, and compensation adjustments, except that regular employees may appeal performance evaluation.
Every attempt should be made to resolve any dispute as soon as possible to the satisfaction of all parties.
Steps in the grievance procedure shall be as follows:
1) An attempt should be made for an oral agreement between the individual and his/her supervisor or department head.
2) If an oral agreement is not reached, the aggrieved may within five (5) working days file a written complaint to the supervisor or department head. The department head or supervisor is required to make a determination of the merits of the complaints and give a written reply within three (3) working days.
3) If the individual is dissatisfied with the department head or supervisor’s written decision, the aggrieved may within three (3) working days make a formal written appeal to the Town Manager. The Town Manager will upon receipt of the written appeal, return a formal written decision within three (3) working days. In all cases the decision of the Town Manager will be final and binding.
POLICY ON HARASSMENT
It is the policy of the Town of Gorham that all our employees should be able to work in an environment free from all forms of harassment. Harassment, as defined by this policy, is prohibited. This policy refers not only to supervisor-subordinate actions but also to actions between co-workers. Any complaints of harassment will be investigated promptly. There will be no intimidation, discrimination or retaliation against any employee who makes a report of harassment.
A. Sexual Harassment:
1. Sexual harassment is the attempt to control, influence or affect the career, salary, or job of an individual in exchange for sexual favors. Sexual harassment can also be conducted which creates a hostile or offensive work environment or unreasonably interferes with a person’s ability to perform his/her job. Sexual harassment is an extremely serious matter. It is prohibited in the workplace by any person and in any form.
2. Specific conduct which is prohibited includes, but is not limited to:
a. Threats or insinuations, implicit or explicit, that any employee’s refusal to submit to sexual advances will adversely affect the employee’s retention, evaluation, wages, promotion, duties or any other condition of employment;
b. Unwelcome sexual flirtations, advances or propositions;
c. Verbal or written abuse of a sexual nature;
d. Graphic verbal comments about an individual’s body;
e. Sexually degrading words used to describe an individual; or
f. The display in the workplace of sexually suggestive objects or pictures.
3. Any employee who believes he/she has been the subject of sexual harassment should report all alleged acts to their department head or the Town Manager.
4. Any department head or employee who is found after appropriate investigation to have engaged in sexual harassment will be subject to discipline, up to and including discharge.
B. Verbal Harassment
Derogatory or vulgar comments regarding a person’s sex, religion, age, ethic origins, physical appearance, or the distribution of written or graphic materials having such an effect, are prohibited. Any employee who believes he/she has been the subject of such harassment should report the alleged conduct to their department head or the Town Manager. Any department head or employee who is found, after appropriate investigation, to have engaged in any harassment will be subject to discipline, including discharge.
Effective October 19, 1991, the Maine Legislature passed a new law regarding Sexual Harassment in the Workplace. In compliance with this law, the Town of Gorham is required to provide annual written notification to all employees regarding sexual harassment. The Town of Gorham is also required to provide training to all new employees on sexual harassment before their first anniversary of employment. In addition, new supervisors must receive information on their responsibility to take immediate and corrective action in addressing sexual harassment complaints.
INFECTIOUS DISEASE POLICY
I. Purpose
This is to establish the policy of the Town of Gorham for managing infectious disease issues as they relate to employees and/or prospective employees including but not limited to the following diseases: AIDS, Chickenpox, Hepatitis A, Hepatitis B, Impetigo, Measles, Mumps, Pertussis, and Parasitic Infestations. Any employee or volunteer who could or does come into contact with bodily fluids while performing his/her job as a Town employee or volunteer, should immediately reference the Town of Gorham Exposure Control Plan. Copies of the Exposure Control Plan are available in the Town Manager’s office, as well as in the Police, Fire/Rescue, Public Works and Community Services Departments.
II. Policy
1. It is the policy of the Town to assure to the extent possible a safe and healthful work environment.
2. It is also the policy of the Town to ensure full compliance with state, federal, and local requirements dealing with infectious diseases.
3. Town procedures shall comply with the Center for Disease Control recommendations for specific infectious diseases. These recommendations will be available through the employee’s department head.
4. It is the obligation of all Town employees to take all reasonable precautions to protect themselves, co-workers, clients and the public from infectious diseases.
5. The Town of Gorham shall make available to all employees and volunteers who have occupational exposure the Hepatitis B vaccination series and post exposure evaluation and follow-up. Please reference the Town of Gorham Exposure Control Plan for detailed information on necessary procedure to follow.
III. Procedures
1. The Town will not discriminate against employees and/or prospective employees with infectious diseases who are otherwise qualified to perform their job functions with reasonable accommodation. Employees with infectious diseases will be treated under existing policies, state, federal, and local requirements, and collective bargaining agreements.
2. Where allowed by law, the Town retains the right to test employees for infectious diseases.
3. The Town must maintain confidentiality regarding an employee’s health status, and does not have a duty to inform other individual or organizations unless required by law.
4. Upon medical confirmation of an infectious disease that may be a threat to the public health, the affected employee has the responsibility to notify the Town’s Personnel Administrator, and to carry out his or her assigned duties if reasonable accommodations can be made.
5. Upon notification by an employee that an infectious disease diagnosis has been confirmed and is a threat to the public health, the Personnel Administrator will:
a. Secure, if possible, all appropriate releases for information from the employee and notify those individuals for whom those releases have been acquired.
b. Assist in the identification of reasonable accommodations to be made, if any.
c. Assist individual departments, if necessary, in complying with this policy.
6. The Town will treat all occupational infectious disease injuries or illnesses according to state law.
7. The Town will provide appropriate educational opportunities and current informational material on infectious disease issues, including prevention, protection, control measures, and treatment practices.
8. Individual departments have the right to develop protocols regarding infectious disease control provided that those protocols conform to this policy.
9. An employee cannot refuse to carry out his or her assigned duties when dealing with a co-worker or the public with an infectious disease unless that individual makes a threat of harm to the employee. Failure to adhere to this procedure will result in disciplinary action.
IV. Accidental Needle Stick Procedure
Police, fire, and rescue personnel have the highest risk of exposure to needles and syringes. Exposure to a used, contaminated needle places an employee at risk for contracting an infectious disease. In the event of an accidental puncture with a contaminated needle, the procedure is as follows:
1. Wash the puncture site thoroughly with soap/disinfectant and water.
2. Report the incident to your supervisor.
3. Police, fire or rescue personnel must notify the medical facility receiving the patient of the incident.
4. Complete Incident and/or Workers Compensation forms.
5. Establish your potential exposure risk to infectious diseases.
6. Notify your Department Head to establish your: (1) tetanus status, (2) Hepatitis B status, and (3) HIV exposure.
7. Seek further medical attention if necessary.
V. Procedure for Exposure to AIDS Infection
If a Town employee is exposed to the blood or body-fluid of a known or highly suspected AIDS infected person:
1. Wash the exposed areas thoroughly with soap and water. Clean any spills with a one (1) part bleach to ten (10) parts water solution.
2. Report the incident to your supervisor.
3. Complete the Incident and Workers Compensation forms.
4. Notify your department head as soon as possible to schedule an appointment for a voluntary blood test.
5. The blood test will be drawn within two weeks of the incident, six months later, and nine months later. The blood test is sent to the Maine Public Health Division in Augusta. Results are received approximately one week later. You will be notified of the test results.
6. If all three specimens are negative, you are considered not to be infected.
7. Counseling occurs with each visit or when requested, and is also available to family members and co-workers.
8. Emotional counseling is available through a counselor of the employee’s choice and to be provided by the Town of Gorham.
9. Strict confidence will be maintained in all incidences unless appropriate medical and/or information releases have been obtained.
ALCOHOL & DRUG USE AND ABUSE
The possession, sale, or use of alcohol or illegal drugs on the employer’s premises is strictly prohibited and is grounds for immediate dismissal. If an employee is unable to effectively perform his duties or causes disruptions in the workplace due to the influence of drugs or alcohol, disciplinary action may be taken.
Pursuant to Public Law 100-690 Title V, Subtitle D, the Town of Gorham has established the following policy:
The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Town of Gorham’s workplace. As a condition of employment with the Town of Gorham, all employees will abide by the terms of the policy and notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. The Town of Gorham, within 30 days of receiving notice, with respect to any employee who is so convicted, will take one of the following actions:
1. taking appropriate personnel action against such an employee up to and including discharge; and/or
2. requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
WORKPLACE SMOKING POLICY
In accordance with the provisions of the Workplace Smoking Act of 1985, the Town has adopted a smoking policy. Pursuant to this Act, smoking shall be prohibited within any municipal building. We ask employees who smoke to please cooperate with this policy.
RESIGNATIONS
An employee may resign from Town service in “good standing”. “Good standing” shall mean the submittal of a written notice 14 calendar days in advance of the last day of actual work. Failure of a resigning employee to comply with this rule may be cause for denying future employment with the Town. The Town Manager may permit a shorter period of notice if extenuating circumstances exist. The resignation should be accompanied by a statement by the Department Head as to the resigning employee’s service performance and pertinent information concerning the cause of resignation. The effective date of the employee’s termination with the Town is considered to be the last day actually worked.
Upon separation from service in “good standing”, the Town shall pay all ages owed as well as earned and/or pro-rated vacation pay and accumulated sick time due to the employee per schedule in the Sick Leave Section of the Personnel Policy, if any on the next regular pay day.
WORK SCHEDULES
Normal Work Hours
The normal working days in the work week shall be Monday through Friday. However, it is necessary, owing to the variations in the different services provided by the Town, that there be variations in the hours and days of work per week within different departments. The hours of work, the starting and quitting time, and 30 minute lunch periods will be established within each department with the Town Manager’s approval. The hours of work, the starting and quitting time, or the lunch periods may be changed by mutual agreement of the department head and department employees, subject to approval by the Town Manager.
It is understood, however, that salaried employees exempt from overtime shall accomplish the work assigned to the position regardless of the hours required to do the work; this policy will be applied within reason. Those employees not eligible for overtime under this section shall be determined administratively with a master list maintained in the Manager’s office. It is the responsibility of each department head to insure that the department’s work hours are adhered to by all employees.
Overtime
Any time actually worked in excess of 40 hours of a work week shall be compensated for by overtime pay at a time and one-half rate or compensatory time if they so desire except for Firefighter/Paramedics who shall be paid overtime after 42 hours of a work week. Sick leave, and other forms of paid leave shall not be counted as time worked. Holidays and vacation days shall be considered work days.
Any time worked on a Holiday, regardless of what occurs during the rest of the regular work week, shall be compensated for by overtime pay at a time and one-half rate. In addition, the employee still receives his Holiday pay.
When an hourly paid Public Works employee has left work after the regular workday and then is called into work, he/she shall be paid a minimum of three hours pay. If and when time worked, for each particular call-in, exceeds three hours, he/she shall be paid for the actual hours worked.
The Town will make every responsible effort to distribute overtime equally among employees and their respective departments.
COMPENSATORY TIME
With approval of the department manager, an employee who earns overtime may be granted compensatory time in lieu of overtime pay. An employee may accumulate up to 40 hours of comp time, after which all overtime shall be paid as wages. In order to take comp time, an employee must make a request at least one (1) day in advance and must receive written permission from the department manager.
Exempt employees shall not be eligible to accumulate compensatory time.
Department Managers and other FLSA-exempt employees occupy positions of responsibility, accountability, and discretion. They may be required to work outside the normal schedule of working or office hours and are compensated, in part, on the basis of accomplishing the tasks demanded of the position without regard for the specific number of hours worked. They are also expected to be accountable for their time, be available to the public and other staff, and generally to conform with normal operating hours. Exempt employees may take discretionary time off without charging such time off to sick or vacation leave:
1. when it does not interfere with the operations of their department or office.
2. when there are no other priorities which should be completed which, if not completed, might interfere with the operations of another department, and
3. for absences of more than one-half a work day, when the employee receives the permission of his/her department manager; or, in the case of department managers, the Town Manager.
Absences of one-half day or less may be taken at the discretion of the employee, subject to the review of the department manager; or, in the case of department managers, the Town Manager.
HOLIDAYS
The Town of Gorham follows the State of Maine holiday schedule:
New Year’s Day Labor Day
Martin Luther King Day Columbus Day
Washington’s Birthday Veteran’s Day
Patriot’s Day Thanksgiving and following Friday
Memorial Christmas
Independence Day
If a regular holiday falls on a Sunday, the following Monday is considered a holiday; if on a Saturday, the preceding Friday, unless otherwise regulated by law.
A person on a leave of absence without pay shall not be entitled to holiday pay.
Holiday pay is to be considered a normal day’s wages.
Temporary and seasonal employees shall not be entitled to paid holidays.
VACATION
Each regular employee who works 20 or more hours per week shall earn annual vacation time with pay in proportion to the hours worked in accordance with the employee’s current term of continuous employment and in accordance with the following schedule:
Completion of one year’s service or over - 2 weeks
Completion of six years’ service or over - 3 weeks
Completion of eleven years’ service or over - 4 weeks
Request for vacation time must be made on properly completed Vacation Request Sheets. Scheduling of vacations shall be done by the employee’s immediate supervisor and in accordance with operational needs. In case a holiday falls within the vacation period, the vacation will be extended to compensate therefor. It is the responsibility of the department head to insure that the employee has adequate earned vacation ours available to cover the vacation period requested. Only under special circumstances to be determined and approved by the Town manager will employees be allowed to “borrow” on future earned vacation hours.
Any absence from duty for which sick leave is paid or for official leaves of absence, shall not constitute a break in the record.
Unused vacation days for regular full-time employees may accrue from one year to the next a maximum of 150 hours for employees with less than six (6) years of continuous service, 225 hours for an employee with six (6) years of continuous service but less than eleven (11) years of continuous service and 260 hours for employees with eleven (11) or more years of continuous service.
Unused vacation days for regular part-time employees who work 20 or more hours per week may accrue to a maximum of 80 hours for employees with less than six (6) years of continuous service, 120 hours for employees with six (6) years of continuous service but less than eleven (11) years of continuous service, and 138 hours for employees with eleven (11) or more years of service.
No vacation of more than two (2) weeks duration will be allowed unless approved by the Department Head and the Town Manager.
Vacation leave will be accounted for on an hourly basis. Earned vacation time will be accumulated as the employee earns it and will reflect available time on the paycheck stub.
Any employee who has successfully completed their probationary work period and with more than six (6) months but less than a year’s service with the Town may be granted up to five (5) working days of vacation upon prior written approval of the Town Manager referencing this policy. Any vacation taken prior to one year’s completed service will be deducted from the earned two weeks vacation at anniversary date. If an employee resigns or is terminated from employment prior to one year’s service, any vacation leave taken by the employee will be paid back to the Town. This can be done by deducting the appropriate amount from the employee’s last paycheck.
Accumulated vacation leave, subject to the maximum allowed, shall be paid to an employee upon separation after one year’s employment or upon death with no minimum employment, to his or her beneficiary. The payment will be made in one lump sum.
SICK LEAVE
Paid sick leave for each regular employee, and each regular part-time employee who works 20 or more hours per week, is earned at the rate of one day for each calendar month of service in proportion to the hours worked and may accumulate to not more than 180 days.
Sick leave may be granted for any of the following reasons:
Personal illness or injury of an incapacitating nature sufficient to justify absence from work;
Personal medical or dental appointments which cannot be scheduled during other than working hours.
An employee is required to contact the supervisor, or in the case of the supervisor’s absence, the supervisor’s designee, prior to the start of the employee’s regularly scheduled workday but no later than 15 minutes after the start of the regularly scheduled workday unless specific department policy requires otherwise. In the case of an emergency situation, i.e. hospitalization, the employee will make every effort to notify the supervisor or designee as soon as possible. Failure to report within this time frame will result in disallowance of sick pay for that day.
An employee is required to call the supervisor or the supervisor’s designee each day of the absence unless previous arrangements have been made between the employee and the supervisor. In the event that an employee fails to call the supervisor or supervisor’s designee the day of the absence, and the day of the absence falls before a holiday, the employee will not receive holiday pay for that holiday period.
The Town Manager may after 3 days as a condition precedent to continuance of sick pay, require a certificate of a qualified physician certifying the condition of the employee to be such as to justify the continued absence from employment.
Probationary employees shall not be entitled to paid sick leave until they have completed ninety (90) days employment. At the completion of ninety (90) days employment by probationary employees, cumulative sick leave days shall be computed from the original date of employment.
After any extended sick leave it may be required by the department head that the absent employee obtain a physician’s statement, at his or her own cost, that he or she is physically capable to return to normal duty. It shall be the responsibility of the department head to insure that this requirement is appropriately followed before the employee is allowed to return to his or her regular duties.
At the time of separation by the employee, accumulated sick leave shall be paid to the employee as follows:
5 to 10 years of service 25%
10 years of service or over 50%
In the event of an employee’s death, the Town will pay all sick leave benefits to the employee’s family.
FAMILY MEDICAL LEAVE
An employee who has been employed by the Town of Gorham for 12 months (this does not need to be consecutive) and who has worked at least 1,250 hours during the year preceding the start of the leave is entitled to a family medical leave of up to twelve (12) weeks in any one calendar year for the birth, adoption of a child 16 years of age or less, or serious illness of the employee, child, spouse, or parent. Serious illness means an accident or disease or condition that: (1) poses imminent danger of death; (2) requires hospitalization involving an organ transplant, limb amputation or other procedure of similar severity; or (3) any mental or physical condition that requires constant in-home care. Please refer to the Town Manager’s office for further details or clarification.
A. To be eligible for a family medical leave, the employee must give at least 30 days notice of the intended date upon which family medical leave will commence and terminate, unless the employee is prevented from giving notice because of a medical emergency. The employee requesting family medical leave must do so on a preprinted form available in the Town Manager’s office.
B. The Town may require certification from a physician to verify the amount of leave requested by the employee.
C. Family medical leave is without pay. If the employee is enrolled in group medical insurance prior to utilizing unpaid leave, the Town of Gorham will pay for the employer’s share of the medical insurance premium for the period of the unpaid family medical leave; said period not to exceed twelve (12) weeks. The employee’s share of medical insurance, life insurance, income protection and retirement benefits will continue during the period of unpaid leave at the cost of the employee.
D. The employee may use accrued holiday, vacation, and sick leave in accordance with the policies concerning such leaves, to cover absences related to family medical leave; however, the total amount of family medical leave may not exceed twelve (12) weeks.
E. Vacation, sick leave and holidays do not accrue during an unpaid leave period.
F. Upon the end of the family medical leave, an employee will be restored to the position occupied by the employee immediately prior to the commencement of the leave or to an equivalent position with the same employee benefits and pay as existed immediately prior to the commencement of the leave, except in the event of conditions unrelated to the employee’s taking of a family medical leave which prevent the restoration to the same or equivalent position.
G. An employee should return to work from the family medical leave no later than the first working day following the expiration of the leave. If the employee has not returned at the expiration of their leave, his/her termination date will be the last day she/he was entitled to group coverage.
H. An employee may take leave on an intermittent basis or by working a reduced schedule with prior written approval by the Town Manager.
LEAVE OF ABSENCE
An employee of regular standing may be granted a leave of absence without pay by the Town Manager on recommendation of the department head, with such leave not to exceed one year in length. The granting of the leave shall protect the employee’s existing continuous service for the leave period but shall not count as service time for Maine State Retirement, nor shall vacation or sick leave accrue during the absence, nor will the employee receive pay for municipal holidays.
MILITARY LEAVE
Full-time regular employees who are members of the organized military reserves and who are required to perform field duty, will be granted a maximum of two weeks reserve service leave, in addition to normal vacation leave, per fiscal year. For any such period of reserve service leave, the Town will pay the difference (if any) between service pay, and the employee’s regular pay.
JURY DUTY
An employee will be granted special leave, as required, for jury duty or performance of other civic duty requiring appearance in court or before another public body. The employee shall be paid the difference (if any) in compensation between the amount received from the rendering of such service and his or her regular rate of pay, if the service occurs during a work day. Time paid for Jury Service shall not be counted as time worked for purposes of overtime computation. These provisions shall apply only to employees who have completed their probation period who give notice of such absence.
BEREAVEMENT LEAVE
Special leave with pay shall be granted to regular employees for up to three days for absence caused by the death of a member of the immediate family. “Immediate family” means parents, spouse, brother, sister, child, stepchild, grandmother, grandfather, mother-in-law, and father-in-law. Special exceptions to this rule may be made by the Town Manager.
ALL LEAVE UTILIZED
When all leave including sick and vacation leave, has been utilized by an employee, salary payments to the employee shall cease immediately. The Town will no longer pay any amount toward life and medical insurance. The employee will then have the opportunity to continue the benefits by paying the cost themselves.
HEALTH INSURANCE
Regular employees working 30 hours or more are eligible to participate in the Maine Municipal Health Trust Plan or equivalent. The employees must pay for 10% of the cost, the Municipality pays for 90% of the cost. Participants in the Health Insurance Plan will receive Basic Life Insurance equal to one year’s salary at no cost. Participants may purchase Supplemental and Dependent coverage at their expense. Insurance will start at the first of the next month following employment. Regular employees working 20 hours or more may purchase Basic, Supplemental, and/or Dependent Life Insurance coverage at their expense from the Maine Municipal Employees Health Trust.
DENTAL INSURANCE
Regular full-time employees and regular part-time employees working 20 hours or more a week are eligible to participate in the Maine Municipal Health Trust Dental Plan at their expense, provided a minimum number of employees participate in the program to meet program requirements. Employees who are interested should obtain more information and carefully evaluate the details before deciding whether to participate.
LIFE INSURANCE
Regular employees working 20 hours or more may purchase Basic, Supplemental, and/or Dependent Life Insurance coverage at their expense from the Maine Municipal Employees Health Trust.
FLEXIBLE REIMBURSEMENT BENEFITS ACCOUNTS
The Town offers a flexible benefits program to regular full-time employees. Employees who voluntarily choose to participate may elect to make weekly deductions into their accounts to reimburse them for up to $5,000 in annual Dependent Care expenses and for up to $5,000 in annual medical expenses on a tax-free basis.
Employees who are interested should obtain more information and carefully evaluate the details before deciding whether to participate.
WORKER’S COMPENSATION
The Town of Gorham provides Worker’s Compensation Insurance coverage for all employees. When an on-the-job accident occurs the affected employee is to report it immediately to his or her direct supervisor or department head. The department head shall notify the Town Manager’s office within 24 hours of the injury or on the next following work day of the accident.
A. Preferred Provider Program
The Town of Gorham encourages safety in our work environment. We are concerned about employee well being and take an active role to assist the employee with a proper recovery.
Because of our interest in employees, we have coordinated a preferred provider program for work-related medical services. For information on who the Town’s preferred provider is, please see either your Department Head or the Town Manager’s Assistant.
It is required that all employees, unless it is an emergency situation, seek medical treatment through the Town’s preferred provider. Initial medical treatment is to be obtained from the Town’s preferred provider and is authorized by law under the Maine Workers' Compensation Act of 1992, Title 39-A, M.R.S.A., Section 206.
All initial medical treatment is to be obtained from the Town’s preferred provider and will be scheduled through the Department Manager who in turn will notify the Town Manager's Administrative Assistant.
We look forward to working together to maintain a safe, healthy work environment, as well as provide opportunities for a proper recover.
B. Medical Bills
Medical bills, when received either by the department or the employee, are to be forwarded immediately to the Manager’s office. Medical bills are paid without any waiting period. For employee compensation there is a seven day waiting period. The Town remains responsible for employee compensation for the first seven days of the absence, this will be charged to employee sick leave, between eight and thirteen days the insurance carrier provides compensation; fourteen days and over all compensation is retroactive to day one by the insurance carrier and the employee’s sick leave shall be credited back to the Town upon payment by the employee to the Town for the seven days. Firefighters, police and communications personnel are excluded from the waiting period and must receive compensation from
the date of incapacity.
C. Transitional Work Program
In the case of an employee out of work due to a work-related injury, the Town manager's Office will coordinate a transitional work program with the employee, employee's doctor and department head. This program may be in the employee's department, in a different department or spread over several departments and is designed to provide less strenuous work or modified work tasks to those employees able and approved by their doctor to return to work in some capacity. Transitional work may start at a reduced schedule with a gradual increase in hours or may include a full time work schedule as coordinated by the physician, employee and Town. The Town reserves the right to discontinue the transitional work program or any employee's participation in this program consistent with the provisions of the Workers
Compensation laws.
In some instances worker’s compensation payments may be held up. If this occurs, the Town will continue to pay the employee by charging his time to sick leave, of which the employee must buy back from the compensation paid by the insurance carrier.
If a worker is receiving worker’s compensation he must continue to pay his share of life and medical insurances.
RETIREMENT
Social Security - Any person who becomes a regular employee of the Town must participate as a condition of employment.
ICMA Retirement Corporation
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