File #: 93-16    Version: 1 Name:
Type: Ordinance Status: Tabled to a Future Date
File created: 2/5/2016 In control: Rules & Ordinance Committee
On agenda: 2/9/2016 Final action:
Title: Be it ordained that Chapter 8 of R.O. 1991 be amended relative to Employee Benefits
Sponsors: David D'Arcangelo

Title

Be it ordained that Chapter 8 of R.O. 1991 be amended relative to Employee Benefits

Body

Be it hereby ordained by the Malden City Council that Chapter 8 of the Revised Ordinances of 1991 be and the same is hereby amended as follows:

 

-in Section 8.2, delete paragraph A and insert in place thereof a new paragraph A as follows:

A.                     Direct all insurance programs for City employees and retirees.

 

-in Section 8.9, delete the title and insert in place thereof the following

 

 

Amendments to Chapter 8

HUMAN RESOURCES

 

 

SECTION 8.2                                          DUTIES

 

The Human Resources Director shall be authorized to perform the following duties with respect to all positions and departments having employees whose positions are or may be subject to this ordinance.

 

Delete:

A.                     Direct the Group Health and Life Insurance programs for City employees and retirees.

 

Amendment (Replace with):

 

B.                     Direct all insurance programs for City employees and retirees.

 

 

SECTION 8.9                                          VACATION BENEFITS LEAVE

 

Delete:                      1.                     All permanent full time City employees shall be credited with vacation leave without loss of pay as follows:

 

A.                     After the first six (6) months of continuous service with the City of Malden, employees shall be allowed a vacation of two (2) work weeks, to be credited on the first day of the seventh month of service.

 

Amendment (replace with):

 

1.                     All Vacation Leave is earned by employees on an accrual basis based upon the following schedule:

 

Less than 5 years of service - 0.83 days per month

5 years up to 10 years of service - 1.25 days per month

10 years up to 20 years of service - 1.66 days per month

20 years or more of service - 2.08 days per month

 

It is the policy of the City of Malden to credit to each employee at the beginning of each calendar year the total amount of vacation anticipated to be earned by that employee during that calendar year.  However, any employee who terminates employment during the calendar year will only be entitled to the accrual amount earned based on the above schedule (plus any rollover vacation from the previous year).  If the employee has used more vacation time than actually earned then the employee will be required to reimburse the City of Malden for any used but unearned vacation time.

 

In conjunction with the above, employees will receive vacation credited as per the schedule below:

 

A.                     All new employees shall be allowed a vacation of two (2) weeks to be credited on the first of the month following six (6) months of service with the City. 

 

The rest of Section 8.9.1 has the following changes:

 

B.  For each year up to five (5) years of credited service, completed as of January 1, employees shall be allowed a vacation of two (2) work weeks, to be credited on January 1 of each year after six (6) months of service.

C.  For each year more than five (5) years but less than ten (10) years of credited service, completed as of January 1, employees shall be allowed a vacation of three (3) work weeks, to be credited on January 1 of each year after five (5) years of service.

D.  For each year more than ten (10) years but less than twenty (20) years of credited service, completed as of January 1, employees shall be allowed a vacation of four (4) work weeks, to be credited on January 1 of each year, after ten (10) years of service.

E.  For each year more than twenty (20) years of credited service, completed as of January 1, employees shall be allowed a vacation of five (5) weeks, to be credited on January 1 of each year, after twenty (20) years of service.

 

Add:                                           1.  Any employee who attains an anniversary date of fifth, tenth, or twentieth year, after any January 1st would begin to accrue vacation at the new accrual rate above starting in the month of

his/her anniversary.

 

Amend:                     2. Scheduling of vacations for employees shall be subject to the approval of the Department Head.  Department Heads shall notify the Mayor and the Human Resources Director, in writing, of their scheduled vacations.  In the event of a conflict, seniority shall prevail in selection of vacation time. Employees may carry over one year of vacation credit. Vacation not used in the vacation year in which it becomes available must be used by the end of the following vacation year or it is forfeited. An employee may not accumulate more than two (2) years vacation credits at any time.  

 

Amend:                     3.  Any employee who attains an anniversary date of service, such as the fifth, tenth, or twentieth year, at which time said employee would be entitled to receive an additional week of vacation time as specified above, shall be credited with said additional week as of the employee’s annual anniversary date of employment. Thereafter, said additional week shall be credited as of January 1 of the following year. Employees may carry over up to one year of accrued, unused vacation leave into the next calendar year.  Any employee with more than 1 year of accrued vacation as of any December 31st will lose the time that is over the 1 year maximum carryover allowable.

 

Delete:                      4. Persons employed on a permanent, part-time basis who regularly work a minimum of twenty (20) hours or more per week shall be credited with that proportion of the vacation leave, provided above, which their part-time service bears  to full-time service.

Add:                     4. Persons employed on a permanent, part-time basis who work a regular schedule of twenty (20) hours or more per week shall accrue a prorated portion of the vacation leave.

 

There are no changes to Section 8.9.5.

 

Amendment to 8.9.6: All employees of the City who had employment under Malden CETA, Malden Community Development or other similar grant programs, Malden Redevelopment Authority, or other State, County, or Municipal employment within the Commonwealth of Massachusetts shall count this time toward eligibility for vacation benefit as credited service. All employees of the City who have any prior documented Commonwealth of Massachusetts public employment shall count this time toward eligibility for vacation accrual.  This prior service documentation must be submitted to the Human Resources department.  The vacation accrual shall commence on the first of the month following six (6) months of service with the City.

 

There are no changes to Section 8.10 and 8.11 (A) through 8.11 (E)

 

Amendment to SECTION 8.11 (F):                                           

 

F.  Persons employed on a permanent part-time basis who regularly work a minimum of twenty (20) hours per week shall be credited with that proportion of sick leave which their part-time service bears to full-time service. Persons employed on permanent, part-time basis who work a regular schedule of twenty (20) hours or more per week shall accrue a prorated portion of sick leave.

 

No changes to SECTION 8.12 and 8.13

 

Amendment to SECTION 8.14                                           PERSONAL LEAVE DAY

 

All full-time employees shall be granted three (3) paid personal leave days per calendar year and such days shall not be cumulative. However, no personal day shall be allowed on Christmas Eve, or New Year’s Eve, or the day before or after such holiday. New employees hired between January 1 and May 31 are granted three (3) personal days in their 1st year.  New employees hired between June 1 and October 31 are granted two (2) personal days in their 1st year.  New employees hired between November 1 and December 15 are granted one (1) personal day in their 1st year.  New employees hired after December 15 are not entitled to any personal time for the remainder of the calendar year.  Scheduling of personal days shall be subject to the approval of the Department Head.

 

Persons employed on a permanent, part-time basis who work a regular schedule of twenty (20) hours or more per week shall be granted a prorated portion of personal leave.

                     

Amendment to SECTION 8.15                                          BEREAVEMENT LEAVE

 

Bereavement Leave of four (4) days, without loss of pay or benefits, may be granted commencing the first working day following the day of death of an employee's spouse, child, step-child, father, mother, sister, brother, grandparents, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, or other relative who is a member of the family of an employee and also domiciled with the employee.  Written documentation, including a copy of a published death notice, may be required within five (5) days of any bereavement leave.  Unless authorized by the Human Resources Director, bereavement leave shall not accrue to an employee who, at the time of such leave would commence, is utilizing any other form of extended leave, including but not limited to extended sick leave, leaves of absence and family medical leave.

 

No changes to SECTION 8.16, 8.17 and 8.18

 

Delete in its entirety SECTION 8.19                     MATERNITY AND ADOPTIVE LEAVE                                                                

 

Replace with SECTION 8.19                     PARENTAL LEAVE

 

Upon completion of a probationary period of six (6) months employment, Parental Leave without pay shall be granted to any employee for eight (8) weeks in connection with the birth or adoption or court-ordered placement of a child providing that the request for said leave is made in writing to the Department Head at least two (2) weeks prior to such leave.  Requests for a Parental Leave shall be submitted in writing to the Department Head and the Human Resources Director and shall include the expected commencement date of the Leave and state that the employee intends to return to his/her position at the conclusion of the Leave.

 

An employee on Parental Leave shall not accrue additional vacation or sick leave. Parental Leave shall not affect seniority or length of service credit.