TABLE O
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)
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.
9)