SECTION 6. LEAVES

6.1 Leaves of Absence with Pay

6.1.1 Legal Holidays

All holidays legally observed by the Commonwealth of Massachusetts are recognized as paid holidays for all employees of the City, provided that the eligible employee is not on authorized leave without pay or unauthorized absence on any part of the employee's scheduled work day immediately preceding or following the holiday. The following holidays are observed by the City:

• New Year's Day
• Martin Luther King Day
• Presidents' Day
• Patriots' Day
• Memorial Day
• Independence Day
• Labor Day
• Columbus Day
• Veterans' Day
• Thanksgiving Day
• Christmas Day

Employees are entitled to an additional day off without loss of pay for all holidays that fall on a Saturday. The day is to be given at the discretion of the department head and offices are to remain open at all times. Holidays falling on a Sunday are observed on the following Monday.

A. Compensation for Working Holidays.

Any full-time employee who worked on the regularly scheduled workday preceding or following a legal holiday listed in 6.1.1. above, and is required to work on such a legal holiday, is entitled to receive compensation at one and one-half (1 1/2) times the employee's regular hourly rate plus the holiday pay, including differential.

This section does not apply to appointees of the Mayor or to Department Heads.

6.1.2 Sick Leave

A. Number of Days Allowed.

All full-time and permanent part-time employees are credited with sick leave with pay not to exceed fifteen (15) working days for each year of service, at the rate of one and one-quarter (1 1/4) day per month, provided that said leave is caused by sickness or injury which incapacitates the employee in the performance of his or her duties.

The accrual of sick leave allows you to accrue leave time so that you have paid time available to take for occasional short-term illness or injury. The primary purpose, however, is to allow you to have paid leave time in the event you have a serious illness or injury that requires an extended leave of absence from work. Sick leave can be viewed as an insurance policy – there if you ever need it, but we hope you never really need it. Sick leave should not be used casually. For clarification, please contact the Human Resources Office.

B. Extended Family Sick Leave

Employees are entitled to up to five (5) days of sick leave in each calendar year when they have been exposed to a contagious disease or when there is a serious illness of a spouse, child or parent. Proof of such illness in the form of an extended family sick leave certificate signed by a physician or a doctor's statement is required before payment of compensation can be made. Vacation or personal time shall be charged until the signed document is received by the Department Head and/or the Human Resources Department.

An Extended Family Sick Leave Certificate can be obtained from the Department Head, his/her designee, or from the Human Resources Department. For your convenience an Extended Family Sick Leave Certificate can be downloaded from the City’s Website at: www.ci.haverhill.ma.us/hr.

C. When Sick Leave Credit Begins.

Sick leave credit for full-time and permanent part-time employees working twenty (20) hours or more begins to accrue on the first day of the month following employment, and accumulates at the rate of one and one quarter (1 1/4) day per month each calendar month thereafter (which will be credited to the employee at the end of the completed month). Full-time and permanent part-time employees who are absent without pay and/or on leave without pay for more than one (1) day in any calendar month will not receive sick leave credit for that month unless otherwise approved by the Mayor.

D. Accumulation Permitted; Restrictions.

Sick leave not used in any year may be accumulated. Employees are not entitled to sick leave with pay in excess of the accumulated sick leave credit then due. Sick leave credits do not accrue for service in excess of the number of hours normally employed. An employee whose service is terminated or discontinued voluntarily by the employee is not entitled to compensation in lieu of sick leave credit not used.

E. Use of Unearned Sick Leave Credit

In the event an employee has used up all his/her sick leave credits, the Mayor may permit said employee to use sick leave or vacation leave credits in anticipation of said credits being earned in the future. Additional sick leave credits may be granted as provided for in the sections that follow.

The employee must execute a memorandum of agreement that in the event of termination or resignation of the employee before restoring such credits, the City will receive reimbursement from any funds available to the employee.

F. Voluntary Donation of Accumulated Time

In the event of a long-term illness of an employee with no sick leave credits, individual employees may volunteer to donate at least one (1) day but no more than 5% of their accumulated sick leave time to the employee on a sign-up basis through the Human Resources Department. The employee must submit a letter of request including the reasons along with medical proof from their physician indicating the prognosis of the long-term illness and the certainty of returning to full time work in the future. Such donated time may not exceed a total of two hundred and forty (240) days for the duration of the employee's illness. Initial donations shall be taken from individuals in the employee’s department and must be exhausted before any voluntary donated time is considered from other city department workers. The use of such donated time will be recorded by the Human Resources Department and notification will be given to the donor and department head.

No donation of unused sick time can be donated to the bank upon the filing of an application for retirement of an employee.

G. Absence Due to Sickness.

When an employee is absent because of sickness, such absence shall be charged off against any accumulated sick leave credits in multiples of one-half (1/2) hour, but no less than the actual time off. If an employee has no sick leave credits, such absence will be charged off, at the employee's option, to leave without pay or to vacation leave credits, if any, but will be nonetheless charged off on the same basis as above.

H. Notification of Absence and Returns Required.

Notification of absences or returns must be given as early as possible to the head of the department. In the event that an extended absence is foreseeable due to illness, notification must be given to the department head and a Medical Release Form (for the illness in question) must be signed by the employee. The Medical Release Form must be completed by the employee and returned to the Department Head within a two (2) week period. If such notification is not given, the employee's absence may be applied as absence or leave without pay at the discretion of the department head. The Medical Release Form can be downloaded from the City’s Website at www.ci.haverhill.ma.us/hr.

I. Physician's Certificate Required for Extended Sick Leave.

Upon return to duty following an extended sick leave of or in excess of five (5) consecutive working days, an employee is required to file evidence in the form of a physician's certificate, along with a statement of the employee's fitness for duty. If such certificate is not submitted within five (5) working days after the employee's return to duty, such absence will be considered an unauthorized absence and therefore applied as absence or leave without pay or against vacation time. In the event a second opinion is required, a certificate may be obtained from the Occupational Health Services of Anna Jaques Hospital, 24 Morrill Place, Amesbury, MA 01913 at the City's expense.

J. Sick Leave Accumulation for Retirees.

Upon retirement or in the event of death of a contractual employee, sick leave credits will be compensated at a rate of up to forty (40%) percent of all accumulated sick time up to July 1, 1979 as stipulated or amended by bargaining agreements in effect.

K. Sick Leave Coinciding with Holidays.

A full or part-time employee is entitled to holiday pay as designated in 6.1.1., even if said employee is on authorized leave due to sickness, injury, or otherwise, at the time said holiday occurs.

L. Perfect Attendance Policy

For each quarter work year of perfect attendance at work by a member, one (1) day of annual leave will be granted. If a member maintains perfect attendance for one year (4) quarters five (5) days of annual leave will be granted. Such days of annual leave must be taken during the next working quarter with the approval of the Supervisor/Department Head. Bereavement leave, family sick leave and/or personal leave days shall not considered as absences in applying this provision.

The following non-union positions are covered by this benefit. They include: Mayor’s Office – Administrative Assistant; City Council – Executive Secretary/Administrative Assistant; Ice Skating Rink – Superintendent, Skilled Laborer, Laborer.

The following Management positions are covered by this benefit. They include: City Clerk’s Office – Assistant City Clerk; Human Resources – HR Technician; Treasurers – Assistant Tax Collector, Assistant Treasurer; Inspectional Services - Local Building Inspector, Plumbing/Gas Inspector; Conservation – Environmental Health Technician.

This section does not apply to appointees of the Mayor or to Department Heads.

M. Recordkeeping.

Each department head will keep a record of all sick leaves granted to each employee in the department. The Human Resources Department holds all official records of sick and other leaves. Employees have the right to review their personnel records upon request.

6.1.3 Maternity Leave.

• Every female employee, whether permanent part-time, or full-time, is entitled to up to eight (8) weeks' maternity leave (*see below) without loss of accrued employment benefits, in connection with childbirth, provided the following conditions are met:

• The employee must have completed any applicable probation period in the position in which the employee was initially hired. If such probation period is longer than six (6) months, then six (6) months of employment will suffice to satisfy this condition.

• The employee has given a two (2) weeks' advance notice of such departure date, including a clear intent to return to work.

• The employee is entitled to return to the same position before or upon eight (8) weeks from the departure date, without any loss of employment benefits accrued prior to commencing such leave.

(*Six (6) weeks’ leave given for a normal delivery (natural childbirth); up to eight (8) weeks’ leave for caesarean birth or doctor’s orders)

• Accrued sick leave benefits are provided in connection with pregnancy related illnesses, disability or convalescence on the same basis as provided for any other illness, disability or convalescence. The terms and conditions of those benefits are explained in Sections 6.1.2. of this Handbook.

6.1.4 Military Leave

Employees required to fulfill military reserve training or serve temporary tours of duty are compensated the difference between the military service pay (base pay) and their regular week's pay (base pay). Notice of the intended leave must be given in advance to the department head via the employee's military order, and a copy of the military pay voucher must be submitted to the Department Head upon return. Departments shall notify the Human Resources Department of such leave. After receipt of appropriate documentation, compensation shall be paid in the next regular pay period.

6.1.5 Jury Duty/Court Appearance

Employees absent due to court appearances but released by the court by or before 10:00 A.M. are required to report back to work. Upon return from jury duty employees must submit a copy of their notice to appear and their court pay voucher to the department head for computation into their week's pay.

Employees will be compensated the difference between their regular week's pay and the amount of the court pay voucher as applicable by law. This compensation does not take into consideration travel and other allowances paid by the court.

Employees subpoenaed to appear in court on city related business are compensated at their regular week's pay.

6.1.6 Personal Days

All employees are entitled to up to five (5) personal days with pay in each calendar year for personal reasons. An employee must complete the six (6) months probationary period prior to becoming eligible to use these five (5) Personal Days - One (1) of the five (5) to be used the day after Thanksgiving. During the first six (6) months of employment, a Personal Day may be granted on an emergency basis by the Department Head. Please see individual contracts for specific benefits or contact the Human Resources Office.

Personal Days can be used upon proper notification during the calendar year, but may not be carried forward under any circumstances.

6.1.7 Training/Seminar (Authorized/Approved)

When approved by the Mayor to attend courses applicable to an employee's work and position with the City, the employee becomes eligible for paid tuition, on the condition that the employee successfully complete and pass any course with a grade "C" average or better.

6.1.8 Union Time Off

Employees who are required to attend Arbitration Hearings as witnesses receive time off without loss of pay or benefits and are not required to make up the lost time.

Employees, not to exceed two (2) appointed by bargaining representatives are allowed time off for bargaining sessions for which they then receive their normal pay at straight time rate if bargaining takes place during normal working hours.

6.1.9 Leave for Veteran Attending Convention.

Any city employee who is a veteran and has been duly elected as an accredited delegate from his or her military organization to attend an annual convention, may attend and be allowed not more than three (3) days leave from duty in any one (1) fiscal year without loss of pay.

6.1.10 Bereavement Leave.

In the event of death in the immediate family, an employee will be granted a maximum of five (5) days with pay (not to exceed one (1) tour of duty where applicable) for spouse, parent, child, or grandchild; three (3) days for brother, sister, foster parent, grandparent, spouse's parent; and one (1) day for aunt, uncle, brother-in-law, sister-in-law, niece and nephew.

6.2. Vacations

A. Vacation Period Designated.

The vacation period is from the first day in January through the last day in December.

B. Vacation Time for Full-Time Employees.

In the absence of collective bargaining contracts for any group, all full-time employees, and those hired after April 1, who have been in the service of the municipality for a period of six (6) months or one hundred eighty (180) days will be granted one (1) week of vacation with pay. After twelve (12) consecutive months of employment with the City, every full-time employee is entitled to two (2) calendar weeks of vacation leave with pay in each vacation year, effective on the anniversary date of employment. Any employee who has completed five (5) years but less than ten (10) years of employment with the City will be granted three (3) calendar weeks vacation leave with pay in each vacation year. Any employee who has completed ten (10) years of employment will be granted four (4) weeks of vacation leave with pay in each vacation year.

Commencing with twenty-one (21) years of employment, each employee is entitled to one (1) additional day each year until the twenty-fifth (25th) year of employment, at which time the employee becomes eligible for a total of five (5) vacation weeks. See schedule below:

• On the employee’s 21st anniversary – 4 weeks + 1 day
  
• On the employee’s 22nd anniversary – 4 weeks + 2 days
  
• On the employee’s 23rd anniversary – 4 weeks + 3 days
  
• On the employee’s 24th anniversary – 4 weeks + 4 days
  
• On the employee’s 25th anniversary – 5 weeks of vacation

C. Permanent Part-time Employees

All accrual benefits (including sick leave, personal leave, perfect attendance, holiday, etc.) will be determined by the number of hours worked over a five (5) day work week.

D. Temporary Employees.

Temporary employees are granted one (1) week of vacation leave with pay after nine (9) months of continuous full-time employment. At the completion of eighteen (18) months of continuous employment, such designated employees receive two (2) calendar weeks of vacation leave with pay. There are no provisions for retroactive vacation allowances.

E. Restrictions on Granting Vacation Leave.

Full-time employees who are absent without pay and/or leave without pay for more than one (1) day in any month do not receive vacation credit for that month, and will have their vacation status retarded by one (1) day or one twelfth (1/12) of their annually accrued vacation credits - whichever is greater - for each such occasion. Subject to the written approval of the Mayor, part-time and temporary employees may be granted such proportion of vacation leave credit as their actual part-time or temporary service bears to full-time service, provided that such vacation leave with pay does not exceed two (2) calendar weeks.

F. Determination of Years of Service for Vacation Credits.

In determining the number of years of service for vacation purposes only, permanent employees are credited with one (1) year of service for each calendar year in which one hundred sixty (160) days of work have been accumulated as a reserve or temporary employee. This section does not apply to reserve patrolmen, with the exception of those reserve patrolmen who work a minimum of twenty (20) days per calendar month.

G. Public Interest to be Served in Granting Vacations.

Heads of departments may grant vacation leave at such times during the vacation year as will best serve the public interest. Preferences are given to employees on the basis of seniority.

H. Accumulation of Vacation Leave Prohibited.

All City employees including Department Heads must use vacation credits during the calendar year in which those credits are earned. Under certain circumstances employees may request permission to carry over vacation credits based on unusual needs or conditions. All requests must be made in writing, and along with the Department Heads' recommendations must be submitted to the Human Resources Department by November 1st of each year for submission to the Mayor no later than November 15th each year. All requests must be accompanied by a schedule showing how the total remainder of vacation credits will be used in the following year. Upon submission, up to fifty percent (50%) of one year's vacation time carry over may be approved by the Mayor.

Vacation leave credits may not accrue for service in excess of the number of hours normally employed.

I. Payment in Case of Death of Employee.

Upon the death of an eligible employee, payment of vacation leave and other benefits are made to the beneficiary(ies), as designated by the employee under the municipal retirement system, or to the estate of the deceased. Such payment is made in an amount equal to the vacation leave credits earned up to the time of death of the employee. This is effective up to the time of separation from the payroll, provided that no monetary or other allowances have already been made therefore.

J. Accrual of Vacation Credits.

Vacation credits continue to accrue to an employee while on leave with pay status. Vacation leave credits earned following a return to duty after leave without pay or absence without pay are not retroactively applied against such leave or absences. When a legal holiday falls on a regularly scheduled work day during an employee's vacation leave with pay, the employee is entitled to one (1) additional day of vacation, subject to the provisions of 6.1.1.

K. Employees on Sick Leave.

Employees on sick leave must return to employment within the calendar year to be eligible for vacation time off in the same year. No more than fifty-two (52) weeks pay may be given in any calendar year.

L. Use and Loss of Vacation Time Before Retirement Required.

Before retiring from the City of Haverhill, employees must take vacation accrued prior to the effective date of retirement. Employees may not lose any vacation or holiday credits actually earned.

6.3 Leave of Absence without Pay/Family & Medical Leave

• Provision - All employees, whether full-time or regular part-time are eligible for twelve (12) weeks of unpaid leave in any twelve-month period, provided the following:

• The employee has worked for at least a year for the City of Haverhill.

• Under no circumstances should an employee's rights be interfered with for opposing any practice made unlawful under the Family Leave Act of 1993, or for the employee's involvement in any proceedings relating to this Act against the City.

• Coverage - Employees are covered in cases involving the following:

• Caring for the employee's newborn child, or for a newborn or child adoption, or foster care placement with the employee.

• Caring for the employee's spouse, child, or parent with a "serious health condition". A serious health condition is one that requires in-patient care or continuing treatment by a health care professional.

• The employee suffers a serious health condition that makes him or her unable to perform job duties.

• Notice - An employee must submit a two-week notice in writing to the head of his/her department when the leave is foreseeable. When this is not possible, the employee must give notice within two (2) business days of learning of the need for such leave. FMLA Forms are available for download from the HR page on the city website (http://ci.haverhill.ma.us/departments/hr/benefits.html).

• Certification - In some cases, the City may require an employee to provide certification of his/her own or a family member serious health condition. Such certification must be provided within thirty (30) days of the request, unless it is not practical under the circumstances.

• The City may also require second and third opinions at its own expense. In cases where the employee does request an extension of leave, re-certification may be required.

• In cases of serious health conditions, the City requires a note from the employee's physician certifying the employee's fitness to return to duty after an extended leave.

• An employee's accumulated sick leave cannot be used in any capacity to cover the serious illness of a family member.

• Intermittent Leave - An employee may use intermittent leave, not continuous, not to exceed twelve (12) weeks in any twelve (12) month period, whether for the birth or adoption of a child, or for serious health conditions of the employee, the employee's child or immediate family member. In either case, the employee must give notice to the Department Head as provided in Section 6.3.3. above.

• Alternative Use of Leave Time - Under this section an employee may alternately use paid vacations and unpaid leave, combining personal or sick leave, as provided under personnel rules and contracts. Such alternate use of paid leave should not exceed the mandated period of twelve (12) weeks.

• Benefits and Reinstatement - Employment benefits will be continued during an employee's medical and family leave as stated below:

• When an employee is granted a medical leave of absence without pay due to the illness of said employee, and not because of illness of the member of the employee's immediate family, said employee is required to make payment for the applicable health and life insurance rate to the City.

• When an employee is granted a leave of absence, without pay, the employee is required to make payment for the entire cost of his/her health and life insurance for the duration of the leave.

• When an employee is granted a leave of absence without pay, said employee may not appear on the payroll during that approved time for any reason.

• The terms and conditions of other employee benefits pertaining to this policy are provided in the Employee Benefit Section 7 of this Handbook.

• An employee returning from medical and family leave must be reinstated to the same position the employee worked prior to the leave.

• Administration - Each department will maintain records pertaining to compliance with this policy. Department heads are responsible for forwarding records to the personnel department for benefits administration. For more information, contact the Human Resources Department.