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a. Only employees who are exempted from the provisions of the Fair Labor Standards Act
(FLSA) shall be eligible for per diem or flex time. Exempt positions are not eligible for
overtime. However, exempt personnel may be allowed flextime off by their appropriate
supervisor within thirty (30) days of the overtime worked in exchange based on each
situation.

b. When exempt employees are required to report to work on. a weekend (from Friday at 8:00
p.m. until Sunday at midnight), holiday, or vacation day in emergency or non-emergency
situations to assist any City/Department, agency, or specialty unit, , the exempt employee
shall be compensated at a per diem rate of one and one-half (11%) times their base hourly

rate from the time they report to work until such time as they are released from work by
their supervisor.

C. Approval of Flextime: Flextime must be approved by the appropriate supervisor or
designee before the employee is allowed to change his/her duty hours.

D. Disputes: Disputes concerning personal days and flextime shall follow the Grievance
Procedure through Step 3, at which point, the decision shall be final and binding upon the parties.

E. Emergency Situations: During special times such_ as emergency operations or during
snowstorms, non-essential civilians may be sent home early from work. For these special situations,
those civilians who continue to work the normal work day will not receive additional pay, and those
civilians who are allowed or asked to leave the work day early, will not be deducted any amount from
their normal weekly pay.

SPECIAL PROJECT STIPENDS:

Employees, who are normally ineligible for overtime, may receive a stipend based on special
projects which fall outside of their normal areas of responsibility. The rate will be based _on 1.5 times the

hourly rate of pay. The amount of the stipend allowed per quarterweek will be determined in advance by
the Chief or Deputy Chief of Police.

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A--Rurpose-—Fiadime—o+texdele_tours_program_+eters_te the _replacement-ot-txedanivat and
Bopariafe Ree BY Seneeue OF working hours” chosen by ornployeos wilhie the paramelere

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2_Exempt:tssentiatexempt personnel shall-report to work during time offand-may-be-allowed
perdiem and/ertextime as-cutlined underthis Article.

B— Emergency Situations: During special-times—such—as—omergency_operaticns—or_dunag
snowstorms, ner-essential-_cuilians_maybe seat home early trom wer.—For these special
situations, those civilians who continue-te-worcthe normmalwerkday will net receive additional pay,
and+those-civilians-whe-are-allewed er asked te leave the workday early will net be-deducted-any -
amounttremtheit-nermalweekly pay

ARTICLE 2527

EXEMPT EMPLOYEES:

Exem nnel receiv ming. tort work nd their normal work hours: however
hey m liowed flextime a iin rth im i

GENERAL POLICIES:

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Deductions: The time will be deducted from the employee's time coming accrual and. from the

i or other automated system i in! version to tim
oming has been used completely, the slip will be marked as so and may be kept for record
purposes.

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ARTICLE 2428
LUNCH TIME & COFFEE BREAKS

LUNCH PERIODS:

A. Lunch periods shall be paid according to any of the following ways as dictated by the Chief of Police
or his/her designee:

{. An hour (1) lunch (without pay);
2. A 1/2 hour lunch (without pay); or

3. A 20-minute lunch break (with pay).

B. An employee may be called back from a lunch break due to emergencies.

C. The Bureau Commander or designee will allow an additional lunch break to be taken if conditions
allow this to occur.

BREAKS:

A. Employees may be allowed up to two (2) 15-minute breaks if conditions allow.

B. One break may be taken before and one may be taken after the lunch break period as the work
schedule allows.

C. All employees may be called back from a break due to emergencies.

D. The Bureau Commander or designee will allow an additional break to be taken if conditions allow.

E. The availability of breaks will not change an employee's normal workday schedule.

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ARTICLE 2926
WORKERS COMPENSATION

AL CITY POLICIES

GENER

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State RSA/City’s Worker’s Compensation Insurance: Employees shall be covered by the
provisions of the New Hampshire Worker's Compensation Act, as may be amended from time to
time, and by related City policies. All employees are covered by the City’s worker's compensation
insurance. The cost of this coverage shall be paid entirely by the City.

Notification to Supervisor/Completion of Paperwork: In the event an employee is injured on
the job, he or she must give immediate notice to their supervisor and complete the required
Paperwork.

Supplementing Worker’s Compensation Payments: The employee may choose to supplement
his or her worker's compensation payment utilizing available benefit leave balances. The use of
accrued leave shail be limited to the difference between the amount the employee is paid under
Worker Compensation and the amount of the employee's pay for their regularly scheduled work
week as in effect at the time of the injury.

Accruing Benefits: Employees will continue to accrue full benefits while receiving worker's
compensation benefits.

VOCATIONAL REHABILITATION (RSA 281-A:25):

The City of Nashua shall follow the State Law under RSA 281-A:25.

ALTERNATIVE WORK OPPORTUNITIES (RSA 281-A:23-b):

The Department shall follow the State Law under RSA 281-A:23-b regarding the development of temporary
alternative work opportunities for injured employees.

REINSTATEMENT OF EMPLOYEE SUSTAINING COMPENSABLE INJURIES/ REPLACEMENTS (RSA
281-A:25-a):

For employees who have sustained an on-duty injury, the Department shall follow the State Law under RSA
281-A:25-a entitled, “Reinstatement of Employee Sustaining Compensable Injuries.”

A.

Temporary Replacement: Unless otherwise designated by State or Federal law, during the time
an employee is disabled from performing the duties of his/her position due to an on-duty injury, the
Department reserves the right to temporarily fill the position as needed up to an 18-month period
from the date of the injury.

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B,

Permanent Replacement: Unless otherwise designated by State or Federal law, after the 18-
month period if the person is still unable to return to his/her position, he/she shall be deemed to be
unable to return to work. The person will be released, and the position may be filled permanently.
if the employee becomes employable after the 18-month period, he/she may apply for any vacant
position within the Department for which he/she is qualified for.

ARTICLE 3027
VACANCIES

GENERAL POLICY:

It is a policy of the Nashua Police Department to employ the best candidates possible through positive
recruitment and selection to ensure a lower rate of personnel turnover, fewer disciplinary problems, higher
moral, better community relations, and more efficient and effective services. The recruitment process will
be consistent with City and Department procedures and Federal and State laws.

FILLING VACANCIES WITH CURRENT EMPLOYEES:

A,

D.

Opportunity to Apply: When filling vacancies for positions covered by this Agreement, current
employees will be given the opportunity to apply for the position through a City Posting, to be
evaluated for consideration purposes, and to participate in testing procedures if applicable.

Promotions: (Cite Article 21 — Wages for policies.)

Demotions: Employees may apply for vacant positions lower than their current grade, which would
be considered a demotion. (Cite Article 21 — Wages for policies.)

Unsatisfactory Performance: Should the employee's performance be unsatisfactory any time
during the six-month period, the Chief of Police may:

Extend the probationary period for an additional 6 months;

Permit the employee to bid on another vacancy for which he/she is qualified, or,

Return the employee to the position which he/she left if still vacant, or,

« To terminate the employee from employment with the Nashua Police Department.

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ARTICLE 3128
WORK POLICIES & REGULATIONS

GUIDELINES FOR DEPARTMENT OPERATIONS:

It is the policy of the Nashua Police Department to provide certain guidelines to insure efficient Department
operations. Civilian employees must comply with all applicable chapters or sections within the Nashua
Police Department Rules & Regulations Manual or other written or unwritten procedures/policies.

STANDARDS OF CONDUCT:

Civilian employees are subject to the Nashua Police Department's Disciplinary System and Internal
Affairs Investigations for any complaints/allegations relating to a criminal offense; neglect of duty; a
violation of Department/City policies, rules, procedures or ordinances; or conduct, either on or off duty,
which may tend to reflect unfavorably upon the employee, City or Department.

ARTICLE 3229
RETIREMENT SYSTEM

Employees who work thirty-five (35) hours or more per week are mandated to join the NH Retirement
System (NHRS).

ARTICLE 3339
SENIORITY

DEFINITIONS:

A. City Seniority: “City seniority” is defined as continuous service either from the date of hire or
rehire and is used for accrual purpose only.

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