NESMITH LIBRARY

PERSONNEL POLICIES 

ORIGINAL:  AUGUST 15, 2000                                       

REVISED:    MAY 13, 2003

    TABLE O F CONTENTS

                                                                       

ARTICLE I                              PURPOSE                                                              

ARTICLE II                             ADMINISTRATION OF THE PLAN                   

ARTICLE III                           SCOPE                                                                      

 ARTICLE IV                           EMPLOYEE DEFINITIONS                                   

 ARTICLE V                            APPOINTMENTS AND PROBATION               

 ARTICLE VI                           POSITION DESCRIPTION                                    

ARTICLE VII                          MEDICAL PHYSICAL EXAMINATION           

ARTICLE VIII                         ANNIVERSARY DATE                                           

 ARTICLE IX                           WAGE/SALARY SCHEDULE                                  

 ARTICLE X                            WORK HOURS                                                         

 ARTICLE XI                           OVERTIME                                                              

 ARTICLE XII                          HOLIDAYS                                                              

 ARTICLE XIII                         EARNED TIME                                                      

 ARTICLE XIV                        MATERNITY LEAVE                                           

 ARTICLE XV                          BEREAVEMENT LEAVE                                      

 ARTICLE XVI                        WORKER’S COMPENSATION                            

 ARTICLE XVII                       LIFE INSURANCE                                                 

ARTICLE XVIII                      DISABILITY INSURANCE                                    

ARTICLE XIX                        HEALTH/MEDICAL INSURANCE                       

 ARTICLE XX                         STAFF DEVELOPMENT

                                                ACADEMIC REIMBURSEMENT                            

 ARTICLE XXI                        RETIREMENT                                                           

 ARTICLE XXII                       PERFORMANCE EVALUATION                            

 ARTICLE XXIII                      REIMBURSEMENT OF EXPENSES               

 ARTICLE XXIV                      GRIEVANCE PROCEDURES                                  

 ARTICLE XXV                       CAUSES FOR DISCIPLINE                                   

ARTICLE XXVI                      LAYOFF/RECALL                                                   

 ARTICLE XXVII                    ABSENCE WITHOUT LEAVE                                 

 ARTICLE XXVIII                   RESIGNATION                                                         

 ARTICLE XXIX                      AUTHORIZED LEAVE                                             

 ARTICLE XXX                       MILITARY/RESERVE                                                      

 ARTICLE XXXI                      ACCESS TO PERSONNEL RECORDS                   

 ARTICLE XXXII                    POLITICAL ACTIVITY                                            

 ARTICLE XXXIII                   GIFTS/GRATUITIES/FAVORS                               

 ARTICLE XXXIV                   ETHICS                                                                   

 ARTICLE XXXV                    FLMA POLICY                                                         

 ARTICLE XXXVI                   SEVERABILITY                                                        

 ARTICLE XXXVII                  CHANGES                                                                 

 ARTICLE XXXVIII                EFFECTIVE DATE                                                 

PERSONNEL POLICY:

 FOREWORD:

 The Nesmith Library is an Equal Opportunity Employer, and shall not discriminate against any applicant or employee for reasons of race, religion, color, sex, age, national origin, marital status, sexual orientation, or physical/mental disability.

ARTICLE I: PURPOSE:

1)     This document establishes the policies, which comprise the Nesmith Library personnel policy, as adopted by the Library Board of Trustees, with the intent of providing a uniform basis for administration of established policies.

ARTICLE II: ADMINISTRATION OF THE PLAN:

1)     It shall be the responsibility of the Library Board of Trustees to establish the policies, which comprise the plan.

2)     The Library Board of Trustees or their designee shall be responsible for the overall administration of the plan. 

3)     The Library Director shall be responsible for adherence to this plan within the Nesmith Library.  The Library Director may adopt rules and regulations not inconsistent with the policies established in this plan.  Library policies shall become effective only upon approval of the Library Board of Trustees or the Board of Selectman where noted in this policy.

4)     The Library Board of Trustees may from time to time amend these policies in accordance with the procedures established in Article XXXVII: Changes.

ARTICLE III: SCOPE:

1)     The  provisions of this plan shall apply to the various classes of library employees as follows:

         A.     All full-time employees of the Library together with those persons             appointed to full-time positions who are currently on probationary status shall be     covered by and shall participate in all parts of this policy.

B.    Part-time employees, together with those persons appointed to fill part-time positions who are on probationary status shall be covered to the same extent as full-time employees, except that such part-time employees shall not be entitled to the benefits of Article XIII (Earned Time), Article XVII (Life Insurance), Article XVIII (Disability Insurance), Article XIX (Health/Dental Insurance), and Article XXI (Retirement Benefits).  In Sections other than those excepted above, reference to "full-time employees" shall include " part-time employees" if the context allows.

 C.    All employees of any type are subject to the provisions of Article V   (Appointments and Probation), Article VII (Medical Physical Examinations), Article VIII (Anniversary Date), Article IX (Wage/Salary Schedule), Article X (Work Hours), Article XI (Overtime), Article XV (Bereavement Leave), Article XVI (Worker's Compensation), Article XXII (Performance Evaluation), Article XXIV (Grievance Procedure), Article XXV (Causes for Discipline), Article XXVI (Layoff/Recall), Article XXVII (Absence Without Leave),  Article XXVIII (Resignation), Article XXIX (Authorized Leave), Article XXXI (Access to Personnel Records), Article XXXIII (Gifts/Gratuities/Favors), and Article XXXIV (Ethics).

         D.    Unless the context indicates to the contrary, where the term "employees"  is used, it will include all categories of employees set forth in Article IV (Employee Definitions) below.

 E.     Notwithstanding any of the above employee classifications, under specific circumstances, an employee(s) may, with prior approval from the Library Board of Trustees, be entitled to receive benefits not allowed by specific provisions of this plan, provided the costs for such benefits are borne by a source other than the library, town or the individual employee(s).

2)     Employee benefits as outlined in this policy shall be made available from the date the employee is hired, except for Health Insurance, Life and Disability Insurance, and Dental Insurance benefits, which shall be made available from the first day of the next month after hire.

3)     The contents of this plan shall not apply in those areas that are found to conflict with Federal or State statutes.

4)     This plan supersedes all previous plans and invalidates all inconsistent provisions of previous Library Board of Trustee's directives, personnel plans or other personnel documents.

 ARTICLE IV: EMPLOYEE DEFINITIONS:

1)     Employees shall be defined as listed below.  When appointed, employees shall be made aware of their status.

A.     “Probationary” - The status an employee is placed in upon appointment and remains in until removed by an official vote of the Library Board of Trustees.

B.    “Full Time” - Employees who have successfully completed a probationary period and who are assigned to a regular workweek of at least thirty-five (35) hours. (Hours increased by the Board of Trustees September 6, 2002) Existing employees currently at thirty (30) hours and receiving full benefits will retain their status. (9/9/04)

 C.    “Part Time” - Employees who have successfully completed a probationary period and are assigned to a regular workweek of less than thirty-five (35) hours.

 D.    “Temporary”  - Employees who are employed for a predetermined length of time.

 2) EMPLOYEE CLASSIFICATION:

     A.     All employees are classified as either exempt or nonexempt employees:

                     1.     Exempt: Salaried management, professional, and administrative employees do not receive overtime pay.  Work in excess of regular workweek is implicit for exempt personnel without additional compensation.

 2.     Nonexempt:  Hourly employees who receive overtime pay for hours worked in excess of forty (40) hours.

     B.    An employee's exempt or nonexempt status is determined by his or her responsibilities, duties, educational qualifications, and salary.  Classification of employees with regard to eligibility for overtime pay is done in accordance with the criteria set forth in the rules and regulations of the Fair Labor Standards Act (FLSA).

3)    RETIREMENT CLASSIFICATION:

     A.   Group I – All eligible library employees are classified by the State Retirement System as Group I.

 ARTICLE V: APPOINTMENTS AND PROBATION:    

1)     The Library Director shall have the right to reject any application for valid medical or mental reasons, for poor work record, making a false statement in application, or any other just reasons of unsuitability for the position applied.

 2)     All appointments shall be made by the Library Board of Trustees and shall be subject to a probationary period of one (1) year.  During the probationary period the employee’s performance shall be subject to close review and at least semi-annual evaluations to determine competence for that position.  The Library Board of Trustees may extend a probationary period.  The Library Board of Trustees may place an  employee in a probationary status, if evaluations show a continuing problem.

 3)     In hiring of new employees to fill positions of Library Director, or other positions involving specialized training and skill, the Library Board of Trustees may, as a hiring incentive, offer to said employee benefits which said employee would not otherwise be entitled without previously having been in the employ of the Nesmith Library for a period of time.  The Board shall specify by vote, which benefits hereunder will be subject to such special treatment, and how long such special benefits shall continue.

 4)     Performance evaluations as specified in Article XXII (Performance Evaluation) shall be done on each individual employee.   Such evaluations shall be considered in such matters as promotions, termination, and salary adjustments.

5)     The probationary period may be waived in cases of movement within the Library or the Town organization, where an employee assumes duties and responsibilities that are substantially similar to a previously held Library or Town position.

 6)     The Library may hire a relative of an employee provided the individual possesses the usual qualifications for employment.  The newly hired employee will not be given work assignments which require one relative to direct, review or process the work of another, or which permit one relative to have access to the personnel records of the other.  If one employee marries another, both may retain their positions if they are not under the direct or indirect supervision of the other, and neither occupies a position which has influence over the other's employment, promotion, salary, administration, and other related management or personnel considerations.

 7)     Once an applicant has been extended an offer of employment, a criminal background check will be conducted and the applicant will be required to undergo a medical physical examination as outlined in Article VII (Medical Physical Examinations).  The applicant will be required to pass both these requirements prior to being formally hired by the Library.  These examinations will be at no cost to the employee.  Additional tests may be required from time to time by the Board.

 ARTICLE VI: POSITION DESCRIPTION:     

1)     A description will be prepared for each position which will generally outline the position's duties and responsibilities and the prerequisite knowledge, skills and abilities. 

2)     All position descriptions shall be retained in the Library Director’s office and shall be available for review.

 ARTICLE VII: MEDICAL PHYSICAL EXAMINATIONS:      

1)      Prior to appointment, the potential employee shall take a medical physical examination, which shall be designed to determine the potential employee's physical suitability for employment for the job position sought. 

2)     Examinations may be required of employees who are transferred, or promoted to positions within the Library's work force.

 3)     Examinations outlined in this article may be administered by professionals or clinics selected by the Library, at no cost to the applicant/employee.

 ARTICLE VIII: ANNIVERSARY DATE:     

1)     The employee's anniversary date is defined as the date of appointment to Library service or the date of appointment to a full time position.  The salary review date is the date the employee is normally eligible for consideration of a salary/wage increase.

 2)     The employee’s salary review date shall be redefined when an employee moves to a new salary/wage scale level.  It shall then become the date of the appointment to the new level.

3)     The employee’s anniversary date shall be redefined when an employee moves from a part time to a full time position.  It shall then become the date of the appointment to the full time position.

 4)     Anniversary dates shall be considered when determining time in service and vacation leave.

 ARTICLE IX: WAGE/SALARY SCHEDULES:

1)     Wage/Salary schedules for employees are available in the Library Director’s office.

2)     Employees may be eligible to advance through the steps of their pay range based on performance and upon the recommendation of the Library Director.  The Library Board of Trustees shall approve step increases based on satisfactory evaluations.

3)     It shall be the responsibility of the Library Board of Trustees with the assistance of the Library Director to determine on a regular basis if the wage/salary schedules are appropriate, and make changes as warranted. 

ARTICLE X: WORK HOURS:     

1)     The Library Director or his/her designee shall be responsible for setting the work hours and schedules for personnel.  The Library Director shall have the authority to change and/or alter the work hours and schedules as deemed necessary for the good of the Library.

 The Library shall utilize the Town of Windham pay period (a weekly pay period consisting of seven (7) days, beginning at 8:00 a.m., Wednesday morning and ending 7:00 a.m. Wednesday morning, one (1) week later).  This section is established under the Town of Windham Personnel Policy WIN 1:00:01:86 and is subject to change by action by the Board of Selectmen.

ARTICLE XI: OVERTIME:     

1)     Overtime pay for Library employees shall be calculated at the rate of time and one half the normal hourly rate of pay, based on a forty (40) hour work week.  Overtime pay as outlined will be paid for any time worked in excess of forty (40) hours per week.

2)     Overtime pay for Library employees who work less than forty (40) hours per week shall be calculated at the regular hourly rate, up to forty (40) hours per week.   Hours worked in excess of forty (40) hours per week will be paid as outlined in section one above. 

3)     Bereavement leave, Earned Time leave and absence while out of work due to a Worker’s Compensation claim shall be considered time worked for the purpose of this section.

 4)     At the discretion of the Library Director, compensatory time may be allowed in lieu of actual pay for overtime, provided however the total accumulation of compensatory time is not more than forty (40) hours at any given time.  Compensatory time will be earned on the same basis as Article XI (Overtime), Sections 1 and 2.

ARTICLE XII: HOLIDAYS:       

1)     There shall be twelve (12) holidays per year, designated as:  

New Year's Day        Independence Day    Thanksgiving Day Eve* 

Martin Luther King/Civil Rights Day   Labor Day   Thanksgiving Day

Presidents’ Day        Columbus Day         Day after Thanksgiving

Memorial Day        Veterans’ Day            Christmas  

 *The Library shall remain open until 12 noon on Thanksgiving Day Eve.  The holiday period will begin after noon.   

2)     Employees who are normally assigned a shift that works during a holiday will receive compensation at the rate of double time the regular hourly rate of pay for time worked during the holiday (maximum of eight (8) hours), in addition to the normal pay for that period.

3)     For the purpose of this section pro-rata compensation shall be the normal hours per week worked divided by five.

4)     The Library Director may allow substitute days off in the form of compensatory time in lieu of holiday pay.

5)     Holiday pay benefits as outlined above shall be computed for the holiday date observed by the Nesmith Library. 

6)     In order for an employee to receive holiday pay benefits as outlined in sub-section 2 above, said employee must work his or her regular scheduled shifts preceding and following a holiday. 

    Article XII amended and approved by the Board of Trustees 01/09/07

ARTICLE XIII: EARNED TIME:

      Earned Time is established under the Town of Windham Personnel Policy WIN 1:00:01:86.   

1)     Earned Time is an alternative approach to the traditional manner of covering absence for vacation; personal leave days, and sick leave.  Instead of dividing benefits into a specific number of days for each benefit, Earned Time puts these days together into a single benefit.   Earned Time days can be used for a variety of purposes, including a payment in cash at the time of voluntary termination.  Earned Time is available as soon as it is "earned".   The exact number of Earned Time days available each year will depend on the years of service to the Town and/or the Library.

2a) COVERAGE:   The Library Director if employed in a position of at least seventy-five (75) percent time is covered by Earned Time.  The accrual rates are as follows: 

 

Years of       Days Accrued   Hrs. Accrued     Hrs. Accrued        

Annual

 Service           Per Hour           Per Hour          Per Year             Days

       

0 thru 5            .0120               .0962                    200                  25

5 thru 10          .0144               .1152                    240                 30

10 thru 19        .0168               .1346                    280                  35

After 19            .0192               .1538                    320                  40

 

Note:  The above table is based on a forty hour per week schedule and is prorated for those employees working less than forty hours per week.  For purposes for calculating individuals actual accruals, the “Hrs Accrued Per Hour” column shall be used as a factor.

 2b) Other employees scheduled for at least 30 hours per week shall receive the following:  

Years of       Days Accrued   Hrs. Accrued     Hrs. Accrued        

Annual

 Service           Per Hour           Per Hour          Per Year              Days

       

0 thru 5            .0096               .0769                    160                  20

5 thru 10          .0120               .0962                    200                 25

10 thru 19        .0144               .1152                    240                  30

After 19             .0168               .1346                    280                  35

 

Note:  The above table is based on a forty hour per week schedule and is prorated for those employees working less than forty hours per week.  For purposes for calculating individuals actual accruals, the “Hrs Accrued Per Hour” column shall be used as a factor.

 Probationary Employees: For purposes of accrual of Earned Time, covered probationary employees shall accrue Earned Time on a prorated basis using per hour accrual rates. 

3)     For purposes of this policy, years of service will be calculated in a manner identical to that used for purposes of Seniority.   Employees accumulate Earned Time based on regularly scheduled hours worked or in pay status up to those hours budgeted for the position (other non-status hours worked and supplemental compensation such as overtime are excluded) and on years of service to the Town and/or the Library.

4)     Termination and Restoration of Service Credit: An employee whose break in service from the Library is less than one (1) year will have his/her service bridged for purposes of computing Earned Time accrual.  For breaks of more than one (1), year an individual will earn one (1) year's credit for each year of employment after return, until the total past credit is accrued. After five  (5) years of employment following return to work, credit for all previous service will be given.

 5)     USAGE:

A.     Earned days may be used any time after being earned, including during an employee’s probationary period.  It is expected that the employee and his/her supervisor, prior to the date of absence, will mutually agree upon all planned absences.

B.    Earned days may be used in units of one-half or more hours.

         C.    Minimum Usage: There is a minimum usage of Earned Days required each year.  See schedule to follow: 

    Years of                           Minimum Usage

                                  Service                                Per Year*

                  

0 thru    5 years                        10 days

5 thru 10 years                         12 days

                  10 thru 19 years                        15 days

                      After 19 years                        17 days 

*Computation of minimum usage will be calculated from January 1 to December 31 annually.  In calendar years where an employee’s rate of accrual changes, the minimum usage for that calendar year will equal one-half of the hours accrued in that year.  The Library and/or the Town on or before November 1 of each year will notify in writing each employee of the remaining amount of Earned Time that must be used by December 31 pursuant to the minimum usage in Article XIII (Earned Time); section 5 (c).

If the Library or the Town delays this notification until after November 1, the deadline for the minimum usage will be delayed beyond December 31 by the equivalent number of days.

 D.    Earned days may be taken to cover absence for any reason, including illness, vacation, funeral, dentist or doctor visits, as long as the total number of days taken meets or exceeds the minimum required usage as indicated.

E.     Days converted into the Sick Leave Pool do not count towards minimum usage.

F..     Earned Time benefits accrue only during the initial three (3) weeks  (15 working days) of Sick Leave Pool usage.  Each separate use of the Sick Leave Pool, however, provides for the continuing earning ability.

 6)     SICK LEAVE POOL: The Sick Leave Pool is intended to provide security by allowing employees to "buy" insurance for extended illness, or other disability.  When "buying" Pool days, employees convert Earned Days on a 1 to 3 basis.  Similar to purchasing insurance, the employee may pick a given number of days to exchange in case of extended disability. 

A.     Pool days are available for use only under the conditions listed below, and are not eligible for use at retirement or termination. 

1.     Use of Pool days may begin on the sixth consecutive workday absence due to illness, injury, or other disability. 

2.     Physician’s report must accompany the request to use Pool days. 

3.     It is not necessary to use up all Earned Days before using Pool Days. 

4.     The employee may continue using Pool days until his/her Pool is exhausted, or until no longer disabled. 

5.     Periodic doctor's reports may be required. 

6.     The maximum Pool day accrual is 150 days (i.e., the maximum conversion of Earned days is 50, which would convert to 150 Pool days).  If Pool days are used, or if an employee wishes to add to his/her Pool days, more Earned days may be added each July (to a total of 150).  Earned Time days may not be converted to Pool days at any other time. 

7)     TERMINATION:  Earned Time up to a maximum of one hundred (100) days will be paid at the time of termination or retirement if the termination occurs under normal circumstances and does not involve an act which demonstrates unfitness for continued employment in the Library such as theft or immoral conduct.  For those employees who have over one hundred (100) days as of January 28, 1998, their maximum days paid out shall be up to the amount they have as of January 28, 1998.  However, since a notice period of two (2) weeks is considered to be appropriate and normal for any employee termination, in cases where such notice is not given, a pro-rated payment for Earned Time accrual, based on the notice given, will be made.  The Library Board of Trustees may grant exceptions to such notice requirements.  Employees may leave Earned Time earnings intact, pending recall, if the nature of their absence from employment is lay-off.  

A.     Earned Time is paid at the same base pay rate at time of termination.

 8)     Earned Time will be scheduled at the convenience of the Library.  A seniority list will be maintained and used by the Library Director for the purpose of scheduling Earned Time. 

9)     At no time shall there be more than twenty-five (25) percent of the personnel of the Library on Earned Time leave at the same time, unless the Library Director has granted express permission. 

10) If, in the opinion of the Library Director, an emergency exists, or is believed to be imminent, the Library Director shall have the authority to cancel Earned Time leaves and/or call personnel back from Earned Time leave should such action be deemed necessary to control said emergency.

 

ARTICLE XIV: MATERNITY LEAVE:

 Maternity Leave is established under the Town of Windham Personnel Policy WIN 1:00:01:86.

     

1)     Employees shall notify the Library Director upon learning of a pregnancy.  Employees shall be permitted to continue working with the written permission of the attending physician.  

2)     Employees out on maternity leave shall be entitled to use accrued Earned Time and vacation time as needed.  Unemployment and disability benefits may also be made available. 

3)     Employees out on maternity leave shall be permitted to return to work upon written permission from the attending physician.  

4)     Employees shall be entitled to the benefits of the Town's FMLA policy (see town policy #WIN 1:00:02:97).   

5)     In special cases, the Library Board of Trustees may extend the provisions of this section if it is deemed in the best interest of the Library and of the employee.

 

ARTICLE XV: BEREAVEMENT LEAVE:         

Bereavement Leave is established under the Town of Windham Personnel Policy WIN 1:00:01:86. 

1)     In case of a death in an employee's immediate family, an eligible employee may be granted leave of absence with pay for the work days falling between the time of death and the day of the funeral, not to exceed three (3) days.  In special cases, the Library Director may grant additional leave of absence if it is deemed to be in the best interest of the employee and the Library. 

2)     "Immediate Family" is defined as the spouse, child, step-child, foster child, brother, sister, parent, grandparent, grandparent-in-law, grandchild, parent-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, or any relative residing in the same household as the employee.   

3)     The Library Director may, at his/her discretion, grant up to three (3) days leave in special circumstances (e.g. death of a stepparent who served as parent in locas). 

ARTICLE XVI: WORKER'S COMPENSATION:  

Worker’s Compensation is established under the Town of Windham Personnel Policy WIN 1:00:01:86. 

1)     The Town of Windham shall purchase and pay the premiums for New Hampshire Workman's Compensation, the benefits of which will be available to all employees, regardless of their classification. 

2)     Employees must report all injuries received while on duty to the Library Director or immediate supervisor as soon as possible after an occurrence and be responsible for filing form 8WC which can be obtained from the Library Director. 

3)     The Library, Town and/or its Worker’s Compensation carrier, retains the right to request updated medical information during the disability.  If a medical exam is requested, the Library, Town or carrier shall use a qualified doctor. 

4)     A Worker’s Compensation claim which results in lost time must be supported by a doctor’s statement outlining the nature of the disability and if possible the length of the disability. 

5)     Employee utilizing Worker’s Compensation Benefits shall advise the Library Director immediately upon receiving a medical clearance to return to work in a light duty capacity.

6)     Prior to returning to work, the employee shall provide a doctor’s statement clearing the employee’s return to his/her duties. 

7)     An employee out on Worker's Compensation from the Town of Windham or Nesmith Library may not perform work for another employer. 

8)     In the event that an employee fails to sign over to the Library and/or Town any Worker’s Compensation check(s) due to the Library and/or Town under this Article, the Library and/or Town shall have no further obligation to pay the employee hereunder, unless and until the employee fulfills his/her obligation by signing over said checks to the Library and/or Town. 

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