Search

arise. Employees shall be paid time and half of their regular rate of pay for a callback when on
vacation and granted an additional vacation day, which may be banked for future use.

SECTION Il — ACCRUAL RATE

Full-time Employees covered by this Agreement shall accrue vacation in accordance with the
following schedule, and shall be eligible to use accrued vacation after four (4) months of
continuous service:

1. LESS THAN 5 YEARS OF CONTINUOUS SERVICE: 11 DAYS PER YEAR: 40-
hour a week employees = 88 hours, accrued at the rate of 7.33 hours per month
worked

2. 5 YEARS, BUT LESS THAN 10 YEARS OF CONTINUOUS SERVICE: 15 DAYS

PER YEAR: 40-hour a week employees = 120 hours, accrued at the rate of 10
hours per month worked

3. 10 YEARS, BUT LESS THAN 15 YEARS OF CONTINUOUS SERVICE: 22
DAYS PER YEAR: 40-hour a week employees = 176 hours, accrued at the rate
of 14.66 hours per month worked

4. 15 YEARS, BUT LESS THAN 20 YEARS OF CONTINUOUS SERVICE: 25
DAYS PER YEAR: 40-hour a week employees = 200 hours, accrued at the rate
of 16.66 hours per month worked

5.
Effective July 1, 2022 (FY2023)

1. 20 YEARS, BUT LESS THAN 25 YEARS OF CONTINUOUS SERVICE: 29
DAYS PER YEAR:
40-hour a week employees= 232 hours, accrued at the rate of 19.33 hours per
month worked.

2. 25 YEARS OR MORE OF CONTINUOUS SERVICE: 30 DAYS PER YEAR
40-hour a week employees= 240 hours, accrued at the rate of 20 hours per
month worked.

Additional or new benefits contained in Section II “Accrual Rate” shall commence on July 1, 2017,
and shall only be retroactive to that date and after this Agreement has received all required
approvals.

ARTICLE 14 - HOLIDAYS

For the purposes of this article, a "holiday' means an eight (8) hour day for full-time employees
averaging 37 v2 hours a week. After completing the first thirty (80) calendar days of employment,
full-time employees will receive a day's pay at their regular straight time rate for the below
holidays.

In order to qualify for holiday pay, full-time employees who are off-duty on the day of the holiday,
must have worked their last scheduled duty day prior to the holiday and the first scheduled duty

11

day after the holiday, or been absent on authorized leave on either or both of these days.
"Authorized leave" is defined as an occupational injury, bereavement leave, vacation or sick
leave, jury duty, military reserve or National Guard duty, paid leave, court appearance by
subpoena, or other compensatory time off, determined by the employee's supervisor.

Full-time employees are eligible to receive twelve (12) holidays per year plus the Presidential
Election Day (every fourth year beginning 7/1/2020)

Holidays that fall on Saturday are celebrated on Friday, and ones that fall on Sunday are
celebrated on Monday.

Standard Holidays: Nine (9) of the holidays are the same from year to year. The nine standard
holidays are:

NEW YEAR'S DAY INDEPENDENCE VETERANS’ DAY
DAY

CIVIL RIGHTS DAY LABOR DAY THANKSGIVING

MEMORIAL DAY COLUMBUS DAY CHRISTMAS DAY

Presidential Election
Day (every 4” year
beginning 7/1/2020)

Floating Holidays: Three (3) holidays are determined by the Board of Police Commissioners or
the Chief of Police in January of each year.

Holiday Pay for Essential Employees: [Essential full-time employees are required to work
holidays if they fall on their regularly scheduled workday. [Essential full-time employees shall
receive one day's pay at their regular rate for the above holidays in addition to their regular pay.
All Communications personnel are considered essential employees.

ARTICLE 15- DRESS & GROOMING CODE

It is the policy of the Nashua Police Department to provide certain guidelines to insure a
professional image in the grooming and dress of its employees.

Communications Personnel Dress: It is the policy of the Nashua Police Department that its
employees project_a professional image in their grooming and dress. Communications
personnel are allowed to wear Business Casual attire. A_list_of_ acceptable Business
Casual Attire and Unacceptable Business Casual Attire can_be found under Rules and

Regulations Chapter 6.

Uniforms:

1. The Chief of Police may institute the wearing of uniform for Communications
Division personnel at any time. Said Uniform Program will be at the
Department’s expense and is subject to allotment and replacement policies as
established by the Department. If uniforms are instituted, Communications
Division personnel will not be permitted to wear civilian clothing; therefore, the
above language under Communications Personnel Dress will no longer apply
except for probationary employees or those who have not yet been issued their
uniforms by the Department. There will be an appropriate transition period set
aside by the Chief of Police or designee for the conversion from civilian clothing
to uniforms.

12

2. Upon approval by the Chief of Police or designee, damaged or worn uniform
clothing will be replaced at the Department's expense upon notice by the
employee through an intradepartmental communication. The article of damaged
or worn uniform clothing will be presented for inspection to an appropriate
supervisor at the time of the request and submission of the intradepartmental
communication.

3. The Chief of Police may discontinue the wearing of uniform for Communications
Division personnel at any time. _ If the wearing of civilian clothing is instituted,
Communications Division personnel will not be permitted to wear uniforms. There
will be an appropriate transition period set aside by the Chief of Police or
designee for the conversion from uniforms to civilian clothing.

Grooming: Personal appearances of all male and female employees should be clean and neat.
Mustaches, beards, and hairstyles should be neatly trimmed and groomed.

ARTICLE 16 —- INSURANCES

MEDICAL & HEALTH INSURANCE

SECTION I —- HEALTH INSURANCE

Except as otherwise provided in this Article 16, upon the request of an eligible member of the
bargaining unit, the City shall provide the premium for an individual, two-person, or family
plan of one but not more of, the following plans, if available, or a comparable plan if the
following plan(s) are not available:

a. Point-of-Service Plan;

b. HMO Plan;
c. High Deductible Health Plan with Health Savings Account (HDHP w/
H.S.A.)

d. The City may make additional plans available to members with benefit
levels and premium cost sharing determined by the City in its sole
discretion.

Effective July 1, 2021 (FY2022): The city shall contribute 70% of the premium of option “a” and
80% of the premium of option “b” and “c”. The following plans offered by the City shall have the
following co-pays and deductibles:

Option “a”: Point of Service:

1) Twenty Dollars ($20.00) per medical visit;

2) One Hundred Dollars ($100.00) per emergency room visit;

3) Two Hundred Fifty Dollars ($250.00) per person, Five Hundred Dollars
($500.00) per two-person/Family Inpatient/Outpatient Facility Deductible;

4) Three (3) Tier Pharmacy Benefit of $5/15/35 ($5/30/70 mail order).

Option “b”: HMO Plan:
1 Twenty-five Dollars ($25.00) per medical visit;

2 One Hundred Dollars ($100.00) per emergency room visit ;( co-payment
waived if admitted)

13

3 Fifteen Hundred Dollars ($1500.00) per person, Three Thousand Dollars
($3000.00) per two-person/Family Inpatient/Outpatient Facility Deductible;
4 Three (3) Tier Pharmacy Benefit of $10/$30/$50 ($20/$60/$100 mail order).

Option “c” High Deductible Health Plan with Health Savings Account (HDHP w/ H.S.A.):

The deductibles for this plan will be $2000 for an individual plan and $4000 for a 2-person or
family plan. The City will contribute $1500 of the $2000 for the single plan (the remaining $500
will be the responsibility of the employee) and $3000 of the 2-person or family plan (the remaining
$1000 will be the responsibility of the employee).

The City H.S.A contribution will be distributed in 2 installments, one on or about July 1 and one on
or about October 1 of each year. If an employee is required to pay more towards his/her
deductible than the initial 50% contribution, upon presentation of suitable documentation, the City
will contribute the remaining 50% prior to October 1. Employees who retire between July 1 and
October 1 will receive their July 1 City contribution. If the retired employee keeps the City
insurance plan they will also receive the October 1 contribution. If the employee does not keep
the City plan they will not be eligible for the October 1 contribution. If an employee retirees after
October 1 they will keep the City contribution.

Coverage for new employees is available on the 1% of the next month following date of hire if
hired on or before the 15th of the month; and on the 1st of the month following a full month of
employment if hired after the 15' of the month. Employees who do not enroll on their initial
eligibility date may subsequently only do so during the annual open enrollment period or following
a “qualifying event’.

The option of the health care plan is at the sole discretion of the City. It is agreed by all parties
concerned that the City reserves and shall have the right to change insurance carriers provided
the benefits to participants are comparable and the City elects the least expensive plan available
to provide such benefits.

Should the City determine that it is in the best interests of the City to offer a “comparable” plan to
either option “a” or “b”, it shall provide at least one hundred twenty (120) days prior written notice
to the Union and documentation of the cost to members and the benefits that will be provided
under the comparable plan. Should the Union determine that the proposed plan is not
comparable, the grievance shall not be subject to the grievance procedure (Article 12), and shall
be submitted directly for arbitration no later than thirty (80) days after the Union is notified of the
proposed change to the comparable plan. The grievance shall be heard in an expedited manner.

The decision of the arbitrator shall be binding on both parties.

For the purposes of this article, a “comparable” plan means: a comparable plan means one that offers
the same type of benefits, but benefits do not have to be exactly the same. In addition, the plan must
provide reasonable access to health services and physicians, including specialists and hospitals.

Restrictions for Newly Hired Employees: After the signing of the Contract: Newly hired
employees must sign up for a minimum of one (1) year with plans “b” or “c” and may change to
another plan during the normal group re-opening period.

In the event that any employee’s spouse is employed by the City of Nashua, the Nashua School
District, or another agency of the City, the employee shall be entitled to health insurance premium
coverage either pursuant to this article or pursuant to the coverage afforded to his/her spouse,
but not both.

14

Any eligible member of the bargaining unit requesting initial membership in a plan may enter
during a specified enrollment period. Any eligible member desiring to select a different plan may
make such a change only during the annual enrollment period. Eligible members moving into or
out of a plan’s service area may change plans within a specified period after such move to the
extent permitted by the plans.

Eligible members of the bargaining unit shall be defined as full-time employees.

JOINT LABOR/MANAGEMENT COMMITTEE: For the duration of this Agreement, either party
to the Agreement may request that a joint Labor/Management Committee be convened to
consider the performance of the aforementioned plans, any changes thereto.

ANNUAL AUDIT: The City of Nashua hereby agrees to conduct a yearly loss ratio analysis of all
health insurance plans offered to employees and return all employee overpayments in the form of
a Health Insurance Premium Holiday at the completion of the analysis.

SECTION Il — LIFE INSURANCE

Full-time employees, averaging 37 ‘2 hours or more a week, are eligible to participate in the city’s
group term life insurance benefit. The benefit is equal to one times the annual basic rate of pay
of each employee. If an employee elects to participate, the city will pay 100% of the premium
cost. This item is not retroactive and shall become effective upon approval of cost items by the
Board of Aldermen.

This benefit also provides for optional term life insurance and is 100% employee paid. The
benefit amounts are determined by the insurance carrier and the cost of optional coverage is
determined by the employee’s age.

SECTION Ill — DENTAL INSURANCE

The Commission shall ensure through the City of Nashua that full-time employees, averaging
37% hours a week, are provided a 2-person Dental Plan, Coverage A (100%), B (85%) and C
(50%), at no cost to the employee, except for single employees who shall receive a 100% paid 1-
person Dental Plan. This item is not retroactive and shall become effective upon approval of cost
items by the Board of Aldermen.

1. Employees may request a family plan; however, the employee will be responsible
for paying any differences in the 2-person plan premium versus the family plan
premium through payroll deductions.

2. Any employee requesting initial membership in one of the plans may enter only
during a specified enrollment period (group re-opening}. Any employee desiring
to select a different plan, after having enrolled in one of the plans, may make that
selection only once during one (1) calendar year.

High Option Plan:
Effective September 1, 2015, those employees covered by dental insurance under this article
may elect to participate in the High Option Plan available through Delta Dental. The

employee shall be responsible for paying the full additional premium cost for the High Option
Plan.

SECTION IV — SHORT TERM DISABILITY COVERAGE

15

The City of Nashua will offer Short Term Disability coverage to all employees covered under this
CBA. Participation in this program will be completely optional and funded entirely at the
employee’s expense.

SECTION V— LONG TERM DISABILITY COVERAGE

Employees who are covered by this Agreement may be eligible for Long-Term Disability under
the City’s Long-Term Disability Plan in accordance with the provisions thereof as the same may
be amended from time to time. There shall be no cost to the employee for this benefit.

ARTICLE 16A — WELLNESS REIMBURSEMENT ALLOWANCE

Upon submitting proof of payment for membership costs to the appropriate personnel within the
Administrative Bureau, the Department will reimburse employees up to $200 to maintain
membership in a bona fide health, fitness club, or gym or for personal workout equipment,
authorized by the administration. The cost of exercise or workout equipment which is generally
used for recreational or leisure purposes shall not be subject to reimbursement.

ARTICLE 17 - SICK LEAVE
SECTION I - ACCRUAL RATES

For Employees Hired On or After July 1, 2000: Effective July 1, 2008, full-time employees
covered by this Agreement (averaging 37% hours a week or more) on the active payroll shall
accrue: 8 hours each month or 96 hours (12 days) a year. All additional and new benefits
under this Section shall commence effective July 1, 2008 and after this Agreement has received
all required approvals. Prior to June 30, 2008, the benefits contained under this Section in the
parties’ prior collective bargaining agreement shall be in effect.

For Employees Hired On or After July 1, 2000: Effective July 1, 2014, full-time employees
covered by this Agreement (averaging 37 Ye hours a week or more) on the active payroll shall
accrue: 9 hours each month or 108 hours (13.5 days) per year.

For Employees Hired on or After July 1, 2000: Effective July 1, 2015, full-time employees
covered by this Agreement (averaging 37 Ye hours a week or more) on the active payroll shall
accrue: 10 hours each month or 120 hours (15 days) per year.

For Employees Hired Before July 1, 2000: Full-time employees covered by this Agreement
(averaging 37% hours a week or more) on the active payroll covered by this Agreement, shall
accumulate at the rate below per calendar month: 10 hours each month or 120 hours (15 days)
a year, cumulative to a maximum of 720 hours (90 days).

SECTION Il - ACCRUAL POLICIES
For the purposes of this article, full-time employees averaging 371% hours a week will be

considered 40-hour-a-week employees. Accruals and deductions will be based on eight (8) hour
days.

16

Full-time employees must be employed for at least 15 calendar days, beginning the first of any
month, or on approved sick or vacation leave, to accrue sick time for that particular month. A
newly hired employee is not entitled to payment for sick leave until completion of six (6)
continuous months, and such payments may not be applied retroactively.

Employees must have the appropriate time accrued before use of sick time is approved. At no
time shall an employee be paid sick time if it has not yet been accrued. During an unpaid leave
of absence, an employee does not accrue any sick time.

Sick leave shall not be considered a privilege which an employee may use at his discretion. It
shall be allowed only in the case of necessity and actual sickness or disability of the employee, or
to take physical and dental examinations or other sickness prevention measures, or under the
Family Medical Leave Act.

SECTION Ill- PAYMENTS & MAXIMUM ACCRUALS

Maximum Accruals: Sick leave for full-time employees (averaging 37’ hours a week or more)
on the active payroll covered by this Agreement shall accumulate as listed below:

1. Employees hired July 1, 2000, and After: Employees are allowed to accrue a
maximum of 180 days.

2. Employees hired before July 1, 2000: Employees are allowed to accrue a
maximum of 90 days.

Loss & Reinstatement of Sick Leave: Except in the case of death, accrued sick leave shall be
lost if the employee resigns, is discharged, released, or laid off. If an employee leaves
employment with the Nashua Police Department, but returns within three (3) years of the date of
termination, the employee's sick leave accrued up to the date of termination will be reinstated.

1. First Offense: Employees who abuse sick leave shall forfeit 52 hours (6.5 days)
for full-time employees averaging 37’ a week of accrued sick leave for a first
offense (65% of the normal annual accumulation). (If the entire 52 hours as
specified previously cannot be deducted from the accumulated total due to the
accrual amount, the negative balance will be carried over until the entire 52 hours
can be deducted.)

2. Second Offense: For full-time employees averaging 37’ hours a week, the
employee shall forfeit 60 hours (7.5 days) of accrued sick leave (75% of the
normal annual accumulation) for the second offense. (If the entire 60 hours as
specified previously cannot be deducted from the accumulated total due to the
accrual amount, the negative balance will be carried over until the entire 60 hours
can be deducted.)

3. Third Offense: For the third offense, the employee will be disciplined up to and
including dismissal.

Transfers from another Bargaining Unit: Employees who transfer from another bargaining unit
(outside of the Department) or from another City Department will be permitted to transfer their
sick leave accrual balance to the maximums provided under this Article. Such transferred sick
leave accrual balances will be allowable for use as sick leave days under this Article; however,

17

use will not be permitted until the six-month period elapses from the date of hire with the
Department.

Death Payments:

1. Employees hired July 1, 2000, or After: Accrued sick leave up to 50% of the
total amount of sick leave accrued for full-time employees averaging 37% hours a
week will be paid to an employee's surviving spouse, or if no spouse survives, to
the surviving children through the administrator of the estate, when an employee
dies while employed by the Nashua Police Department. If no spouse or children
survive, the accrued sick leave will be paid to the employee’s estate.

2. Employees hired Before July 1, 2000: Accrued sick leave up to 720 hours (90
days) for full-time employees averaging 371% hours a week will be paid to an
employee's surviving spouse, or if no spouse survives, to the surviving children
through the administrator of the estate, when an employee dies while employed
by the Nashua Police Department. If no spouse or children survive, the accrued
sick leave will be paid to the employee’s estate.

Retirement Payments:

1. Employees hired July 1, 2000, or After: Upon retirement under the NH
Retirement System, an employee will receive payment for the accrued sick leave
balance in his account up to 50% of the total amount of sick leave accrued (up to
a maximum of 180 days) for full-time employees averaging 3712 hours a week,
calculated at the current rate of pay on the day of retirement.

2. Employees hired Before July 1, 2000: Upon retirement under the NH
Retirement System, an employee will receive payment for the accrued sick leave
balance in his account up to 720 hours (90 days) for full-time employees
averaging 37’ hours a week, calculated at the current rate of pay on the day of
retirement.

SECTION IV - USE OF SICK LEAVE

Physical & Dental Examinations: Employees should not make physical and dental
examinations during their tour of duty. If these types of examinations cannot be made during off-
duty times, essential personnel must make arrangements with their Services Bureau Commander
or designee to assure that coverage is available during their absence from duty. If no coverage is
available, the physical and dental examination will be rescheduled when the employee is off duty
or when coverage is available.

Sickness for Child or Family Care: In the case of sickness of a spouse or children of the
employee necessitating the employee's absence from work under 8 hours, the employee's
Services Bureau Commander or designee may grant absence from work with sick pay, if such
specific payment is approved by the Commission or the Chief of Police. Absences over eight
hours for child or family care shall be in accordance with the Family Medical Leave Act and
Department policies.

Absences Deducted from Sick Leave: All absences from work or absences during an
employee's tour of duty due to illness, disability, physical/dental examinations or other sickness
prevention measures shall be deducted from the non-exempt employee's accumulated sick leave
by actual hours missed. Employees may make up the entire time, limited to two hours, in lieu of
sick leave deductions as approved by their Services Bureau Commander or designee; however,
such time shall be made up within two weeks or a sick leave deduction shall be made for the time

18

used. Any instances of sick time used over the two-hour limit (the entire time), shall be
automatically deducted from the employee's sick leave accrual balance.

1. The Commission reserves the right to verify all claims for paid sick leave. This
includes the right to require the employee to submit a physician’s statement
verifying the need for the use of the sick leave, irrespective of the number of sick
hours taken.

2. All employees who leave their tour of duty must complete NPD Form #710,
"Documentation of Time Not Worked."

A. This form will be signed by the employee's Services Bureau Commander
or designee approving the time to be missed.

B. The actual hours missed (rounded off to the nearest half hour) shall be
clearly listed in order to deduct the correct amount from sick accruals.

C. The form will be forwarded to the Administrative Bureau.

Notification of Sick Leave: Employees are to make arrangements to notify headquarters daily
and at least one (1) hour before their normal scheduled duty time of their intention to be on sick
leave.

Use of Leave Time: Employees shall complete the appropriate Department form as required by
Department policy when utilizing sick leave.

Doctor’s Slip Required: Notwithstanding the frequency, in all cases a doctor's slip is required
within five (5) days after returning to work for employees taking three or more successive sick
days. Slips will be directed to the Services Bureau Commander or designee.

SECTION V - SICK LEAVE BANK

All non-probationary full-time employees covered under this Agreement shall maintain and
contribute to a sick leave bank on a voluntary basis from their unused sick leave accrual
balances. A Sick Leave Bank Committee appointed by the Union shall establish the rules,
standards, and procedures of the Sick Leave Bank. Said rules, standards, and procedures shall
be provided to and approved by the Chief of Police before implementation and operation of the
Sick Leave Bank by the Union. Once the rules, standards, and procedures have been approved,
the Sick Leave Bank usage shall not be subject to the grievance procedure.

ARTICLE 18 - BEREAVEMENT LEAVE
Definitions: For the purposes of this Article:

A. The term “bereavement leave" means "a leave of absence granted to an
employee upon a death occurring in the employee's immediate Family.”

B. The Chief's "designee" is the Deputy Chief of Operations or the Bureau
Commander. In the absence of the Deputy Chief of Operations or the Bureau
Commander, the Chief's designee may be the Divisional Supervisor.

C. “Domestic Partner” is defined in Article 3-Q as an individual (Article 3-Q)I:

1. Who had a long-term intimate relationship with an employee,

19

2. Who was living in the same household as the employee at the time of
death, and

3. With whom the employee had an intent to remain in a long-term
relationship.

Purpose of Bereavement Leave: The purpose of Bereavement Leave is to give the necessary
time to employees to handle personal affairs or to attend a funeral due a death in the immediate
family. An employee has up to three consecutive days available to him; and, depending upon the
relationship, may elect to take one day, two days, or the three days for each occurrence. An
employee should not automatically take three days for each incident. An employee also has
other leave available if the time period needs to be extended. The employee should work with his
supervisor for the time needed.

Bereavement Leave Policies:

Beginning the day after the notification of the death, per occurrence in any fiscal year, a regular
full-time employee (averaging 37 1’ hours a week) shall be permitted the following:

In the event of the death of an uncle, aunt,
niece, or nephew of the employee

One (1} Day Leave (from Sick time)

Three (83) Days Bereavement Leave In the event of the death of an immediate family

member as defined below

Four (4) Days Bereavement Leave In the event of the death of an immediate family

member as defined below.

Immediate Family Defined: The immediate family includes the employee's spouse / domestic
partner and the following relatives of the employee or the employee's spouse / domestic partner:

Children, Step Children Brother, Step Brother Sister, Step Sister
Parents, Step Parents Grandparents, Grandchildren,
Step Grandparents Step Grandchildren
Daughter-in-law, Son-in-law Ward/Relative living in the
home

If for reasons which would require out-of-state travel to the funeral services or due to the actual
date of the funeral services, the Chief of Police or designee may allow a delay in the
commencement of the three consecutive bereavement leave days. At the discretion of the Chief
of Police or Deputy Chief of Operations, the three consecutive days may be broken up between
the initial notification and the actual day of the funeral services.

Disputes: Disputes concerning Bereavement Leave shall be subject to the Grievance Procedure
through STEP 4 (Chief's level), at which point, the decision shall be final and binding upon the
parties.

ARTICLE 19 - LEAVES OF ABSENCE

Military Leave of Absence:

If a regular full-time employee must leave City employment to enter directly into active service in
the armed forces of the United States involuntarily, he shall be granted a military leave of

20