Search

| . Inthe event of a prolonged absence because of illness in excess of
thirty (30) calendar days, sick leave accumulation will be allowed only for the first
thirty (30) days ofsuchanabsence. There will be no accumulation of sick leave
during absences covered by the Sick Bank.

| . Sick leave will be used only for the personal injury or illness of the
employees, not contracted in the line of duty, provided such sickness or injury 1s
not incurred as the result of day-off work in which case no sick leave will be paid.
In the case of sickness or injury incurred as the result of working for another
employer, the employee shall receive no sick leave with pay.

| .1. Anemployee may use a maximum of 80.64 hours per year for the care
of the illness of a family member who resides in the immediate household. The
usage of sick leave in this instance may not necessarily be covered by the Family
Medical Leave Act (FMLA). Employees utilizing sick leave under this paragraph
who are unable to perform their duties for more than two (2) consecutive duty
shifts shall furnish to the Chief of the Department a certificate from a physician
stating that the nature of the family member’s illness required the employee’s
absence from work.

At the discretion of the Chief or designee, an employee who meets the
criteria set forth in the Family Medical Leave Act of 1993 may use all of his/her
accrued sick leave while on FMLA.

| . Any employee not able to report to work because of illness must
notify the Deputy Chief on duty at least one (1) hour before scheduled to report for
work. Any member of the Department classified asa Fire Private, Fire Lieutenant
or Fire Captain, who is unable to perform his/her duties because of illness for more
than two (2) duty shifts, and members of the Department classified as Dispatchers,
Assistant Superintendents, Superintendents, Fire Marshall, Inspector/ Investigator,
Inspector/Public Education Officer and third ranking specialists who are unable to
perform their duties because of illness for more than two (2) duty shifts shall
furnish to the Chief of the Department a certificate from a physician stating the
nature, cause and extent of the illness and a clearance to return to work. No less
than twelve (12) hours prior to the return to duty of the members of any grade from
leaves of absence because of illness shall report such return to the Deputy Chief on
duty, by telephone or otherwise, who shallreport to the Chief of the Department.

| . Ifanemployee incurs injury on the job, he/she will be sent at once to
a hospital if in the judgment of his/her immediate supervisor such action 1s

40

Board of Aldermen Page 16
March 8, 2016

Alderman Siegel

If you want to recuse yourself you normally do that before the discussion but just for everybody's education
as someone that is actually an entrepreneur that starts businesses in New Hampshire let me give you a
little education about the BPT. The Business Profit Tax is the one biggest joke every because in order to
avoid it which is fairly simple you just run your business so you don’t have profits which unfortunately has
the side effect of making it very difficult to get capital from commercial banks because they see no matter
what the cash flow into all the companies pockets that the people who own the company or have shares in
the company, it doesn’t matter because they are not showing a profit. The other way to get around that is
to just be a LLC. which happens all of the time. Here we have an established corporation trying to have
300 manufacturing jobs and we are going to tell them you know what, you are not located in the Millyard so
we can’t help you, in which case they will say, that’s great maybe we will go to Merrimack. I’m beside
myself that this is even an issue because this will help Nashua tremendously.

Alderman Dowd

| will also be recusing myself as | am still an employee of BAE but in fairness to the previous comments, |
totally disagree with Alderman Moriarty.

President McCarthy

Since we seem to be sticklers for the rules this evening, | would point out that our rules, by ordinance,
declare that unless you have a stated conflict of interest under the terms of the ordinances which involve
employers or employers of relatives you must vote. Alderman Moriarty, would you point out what the
conflict is that precludes you from voting?

Alderman Moriarty

If you are going to insist that | vote then | will vote but in defense of Alderman Dowd he can actually get in
trouble at work if he votes for this so you should grant him so leniency.

President McCarthy

| believe that he has a legitimate statement of conflict.

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Deane, 13
Alderman Cookson, Alderman Caron, Alderman Siegel,
Alderman Schoneman, Alderwoman Melizzi-Golja, Alderman McGuinness,

Alderman LeBrun, Alderman O’Brien, Alderman Lopez,
Alderman McCarthy

Nay: Alderman Moriarty 1
Abstain: Alderman Dowd 1

MOTION CARRIED
Resolution R-16-008 declared duly adopted.

required to determine the extent of the injury. The injured employee who 1s sent to
a hospital, as provided above, will obtain a certificate from the doctor indicating
the extent of the injury and the date by which the employeecan be expected to be
able to return to work. This certificate is to be provided to the Deputy Chief or
Superintendent, depending on work group.

| . Any member of the Nashua Fire Rescue whois temporarily unable to
perform his/her duties as the result of personal injury or illness contracted in the
discharge of his/her duties shall so inform the Nashua Fire Rescue on the day of
the injury on the required forms or as soonas the employee is aware of the injury
or illness, and shall also comply with the State's Worker's Compensation Law.
Upon qualification for worker's compensation benefits, the injured or ill employee

| shall be entitled to full pay during such disability under this Paragraph up toa
maximum of twenty-six (26) weeks, commencing with the date of injury or illness
for which worker's compensation benefits are paid. For this purpose, full pay shall
be computed as follows: the weekly compensation allowance as determined by the
worker's compensation law plus a weekly allowance paid by the City by means of
the Department payroll -- the City's share to be an amount representing the
difference between a member's regular full weekly salary and the amount paid
under worker's compensation. With medical certification of continuing total
disability which is not in conflict with the rulings of the worker's compensation
specialist, differential pay to the amount of 3/4 of the regular full salary computed
as specified above shall be continued for up to a maximum of an additional twenty-
six (26) weeks (witha mimimum total payment of approved worker's compensation
payments combined with City differential pay accounting to 3/4 of the maximum
of such regular full salary applicable to Senior Privates/Senior Dispatchers). Such
occupational sickness or disability shall not be charged to the accrued sick leave of

| the employee. The payment of the benefits under this Paragraph shall be so
administered as to allow the benefited employee(s) the maximum tax relief
permitted under the United States Internal Revenue Code.

| . The City shall pay under Workers Compensation coverage, the
hospital, medicaland surgical expenses incurred by any employee who 1s injured

in the performance of his/her duties.

| . Noaccumulated sick leave shall be paid to any employee who resigns
or is discharged from the Department.

In the event of an employee's death while in service, his/her
accumulated sick leave

41

shall be paid to the surviving spouse. If no spouse survives the employee, this
payment shall be paid to the surviving children through the legal administrator of
the estate of the deceased. If no spouse or children survive, the sick leave is
cancelled and no payment shall be made.

Whenever an employee retires, he/she shall receive his/her accrued
sick leave pay ina lump
sum at the rate of pay in effect at the date of retirement.

| . Any member of the bargaining unit may contribute eight (8) hours of
his/her sick leave to a sick leave bank by July 31 of each contract year.
Contributing members may apply for withdrawal from the sick leave bank upon
depletion of accumulated sick leave for reasons of prolonged or continuing illness
or incapacitating accident. The total amount of accumulations in the bank as of
July 1, 1983, is agreed to be 7910 hours. Henceforth, the total number of
accumulated hours in the bank shall not exceed 58 hours times the number of
eligible members in the bargaining unit. Withdrawals from the bank shall be
charged against the total number of hours in the bank on the basis of the number of
actual hours the employee is absent during scheduled duty hours. The operation of
the bank and withdrawals therefrom shall be carried out by a committee of two (2)
members of the bargaining unit, and one (1) administrator selected by the Chief.
The committee shall establish tts rules and regulations and shall require
documentation from a physician supporting the request for sick leave bank
withdrawals. The committee shall furnish written records of deposits, withdrawals
and documentation to the Chief and to the City Human Resource Department.
Records of deposits shall be furnished no later than August 30th of each year. Inall
cases, the decisions rendered by the committee shall be final and binding,
provided, however, that specific provisions of this Paragraph cannot be
superseded by any rules or regulations of the sick leave bank committee. All
decisions of the committee shall be in accordance with its rules and regulations.
The provisions of this Article shall govern all sick leave bank entitlements.
Notwithstanding any provision of this Paragraph to the contrary, after using up
all his own sick leave accrual and vacation (according to Sick Leave Bank Rules),
accrualno employee shall be able to withdraw more than eighteen months of sick
leave from the sick leave bank for any one sickness or injury without the prior
approval of the Fire Commissioners, to whom the employee may appeal.
Additional contributions of eight (8) hours of a member’ssick leave may be made
by members in the event that the totalaccumulated hours in the sick leave bank fall
below four hundred twenty (420) hours

42

| . A program of light duty work shall be made available within the Fire
Department for Fire Department personnel who have sustained a work related
disabling injury. Light duty assignments shall conform to New Hampshire law.
Any variation to the work schedule set forth in Article 14 for such light duty work
shall be mutually agreed upon by the Union and the Chief of the Department,
consistent with the physician’s work restrictions. An mjured employee who 1s
judged to have a light work capacity by his/her treating physician may be given a
light duty assignment consistent with Fire Department functions, the employee’s
physical capabilities and any limitations imposed by the treating physician. The
Department may promulgate policies and procedures from time to time in order to
update andimprove this program. Light duty assignments shall be temporary, and
will be calculated to facilitate the employee’s recovery and resumption of his/her
normal duties. Participants shall receive the difference between thei Worker’s
Compensation benefits and any wages received, and their regular full pay while
serving in this light duty capacity.

| . Anincentive shall be paid for the non-use and accumulation of sick
leave. It shall be administered as follows:

1. Any individual employed for an entire calendaryear whouses no sick
time during that calendar year shall receive sixty percent (60%) of one
week's pay. Any such employee who uses less than twenty-four (24) hours
of sick leave shallreceive thirty percent (30%) of one week's pay. Any such
employee who uses less than forty-two (42) hours of sick leave shall receive
$100.00. Payments to be made hereunder shall be made in the January next
succeeding the calendar year in question.

2. The first payment for this plan shall be made in January, 1995, based
on sick leave accruals for the calendar year 1994.

| 3. All computations referred to in this Paragraph shall be performed
by the Fire Department based upon tts records.

4. This benefit shall cease for any calendar year in the event that total

department sick leave use exceeds eleven thousand five hundred (11,500)

hours in that year. In the event that total department sick leave use 1s less

than eight thousand (8,000) hours in any year, the benefit described in
| Paragraph .l above shall increase as follows:

43

Nosick time used in the calendar year - seventy-five percent (75%) of one
week's pay;

Fifteen (15) hours or less of sick leave used in the calendar year - sixty
percent (60%) of one week's pay;

Thirty hours or less of sick leave used in the calendar year - fifty percent
(50%) of one week's pay;

Forty-eight (48) hours or less of sick leave usedin the calendar year - forty
percent (40%) of one week's pay.

In computing total departmental sick time use for purposes of determining
whether the enhanced benefits in this subparagraph will be paid in the calendar
year in question, all departmental sick time used will be included, except that the
consecutive hours used by an individual employee on account of a single injury or
illness which exceed 420 consecutive hours for that injury or illness will not be
included. The 420 hour maximum shall be included in the computation.

P-N Bargaining Unit employees shall be granted a maximum of two (2)
shifts for personal leave per year, provided that on January | of each year the
employee has a balance of six hundred (600) or more hours of accrued sick leave.
Bargaining Unit employees shall be granted a maximum of one (1) shift for
personal leave per year, provided that on January 1 of each year the employee has
a balance of—329 three hundred (300) or more hours of accrued sick leave.
Personal leave shall be deducted from the employee’s sick leave. Personal leave
shall not carry forward from year to year. Members wishing to use personal leave
in this section must notify the deputy chief or Division Supervisor by 7 a.m. on the
day the leave is to be used. This leave cannot be scheduled on days excluded
under Article 21 H.2.

QO. Bargaining Unit employees shall be granted two(2) shifts for Training
Leave per year, provided that on January | of each year the employee has a balance
of six hundred (600) or more hours of accrued sick leave. Bargaining Unit
employees shall be granted one (1) shift for Training Leave per year, provided that
on January | of each year the employeehasa balance of329 three hundred (300)
or more hours of accrued sick leave. Training Leave shall be deducted from the
employee’s sick leave. Training Leave shall not carry forward from year to year
and must be used toattend fire Service related training approved by the Chief or
designee. Members wishing to use training Leave in this section must notify the

44

Deputy Chief or division supervisor seven (7) days in advance of the requested
leave date. This leave cannot be scheduled on days excluded under Article 21 H.2.

Article 23 - BEREAVEMENT LEAVE

A. Four (4) duty shifts (not to exceed forty-eight (48) hours) paid leave at
the employee's regular straight time rate will be granted for absence from
scheduled work necessitated by death in the immediate family. For purposes of this
section, immediate family shall mean employee's spouse, children, step-children,
brother, sister, and parents and step-parents of employee or spouse. By definition,
child includes the loss of the fetus, after the second trimester of the pregnancy.

B. Two(2) duty shifts (not to exceed twenty-four (24) hours) paid leave
atemployee's regular straight time rate will be granted for absence from scheduled
work necessitated by death in the extended family. For purposes of this section,
extended family shall mean employee's grandparents, daughter-in-law, son- in-law,
brother-in-law, sister-in-law, step—parents—stepbrother, stepsisters, and-niece,
nephew, spouses’ grandparents, and employee’s or employee’s spouse’s blood
related uncle or aunt.

C. Paid leaveas provided insections A and B above can only be taken
contiguous to the death and/or at the time of the funeral/memorial service.

D. In the event that the provisions of C above occur during an
employee’s vacation, the employee shall be able to take the appropriate number of
duty shifts allotted in A. or B. of this Article 23 immediately following his/her
return to work following vacation or have them recredited to his/her vacation
accrual.

Article 24 - PERSONAL LEAVE

A. Employees may take personal leave for such purposes as job-related
education, illness or death in the immediate family, as defined in Article 23, and
such other personal business as cannot be performed during off duty hours, subject
to the requirements of Paragraphs B and C below.

45

B. No leave shall be permitted under Paragraph A above in the event that
by taking that leave, the employee will miss training which is not scheduled to be
repeated within the fiscal year during which the leave is sought. No more than two

under Paragraph A above may be taken consecutively, except

for leave required to attend out-of-town fire service education.
Additional consecutive
may be authorized at the discretion of the Chief or his/her designee.

C. Forty-eight hours notice, except in emergencies, is required to be
given to the Chief or designee for leave to be taken under Paragraph A above.
Those taking the leave will provide a substitute who is qualified in the opinion of
the Chief or designee.

D. The Deputy Chief in charge of the platoon, or designee, may grant
emergency leave with pay toany subordinate employee who requires such leave
for urgent reasons. Such emergency leave shall not exceed one hour in any duty
shift.

E. Specialist employees who wish to take personal leave under this
Article 24 and who are unable to obtain a qualified substitute under Paragraph C
above, may be allowed by the Chief or designee to take personal leave days as
provided under Paragraph A above, provided the time absent is made up within the
two weeks next following the date the leave is taken.

F. _—_‘ The training requirements under Paragraph B above will be waived if
the employee has previously met the standards for the training scheduled during
the requested leave period.

Article 24A - EXTENDED LEAVES OF ABSENCE

A. Anemployee may apply for an unpaid extended leave of absence for
the following purposes: to care for a sick or injured member of the employee’s
immediate family as defined in Article 23, Paragraph A; to participate in an
educational opportunity of the employee related to Nashua Fire Rescue operations;
due to the relocation ofa spouse, or other similar circumstances as determined by
the Board of Fire Commissioners.

B. Applications for leaves of absence shall be approved or disapproved
by the Board of Fire Commissioners. The Board of Fire Commissioners will not

46

approve applications for leave of absence for the purpose of allowing or permitting
an employee to obtain and/or engage in employment with another employer or for
purposes of self-employment. Applications for leaves of absence will not be
granted when granting such leaves will negatively impact the Nashua Fire Rescue
operations. The Board of Fire Commissioners may consider the cost to the Nashua
Fire Rescue of granting such leave.

C. During an unpaid leave of absence, the Board shall continue to pay his
portion of health, dental and life insurance premiums for up to ninety (90) days per
granted request. Employees who are on such leave shall continue to pay their
portion of the premiums during that period and thereafter shall pay 100% of the
cost to continue coverage.

D. Leaves of absence shall not exceed ninety (90) days for any single
request. Employees may submit consecutive or non-consecutive requests for leaves
of absence not to exceed the ninety (90) day cap for any single request.

Article 25 - LONGEVITY BONUS PAY

A. Regular full-time employees who have been employed by the City for
seven or more years, on an uninterrupted basis except by reason of lay-off or
approved leave of absence, will receive a longevity payment during the last pay
period in November, for the current calendar year, based on their length of service
as of November 22nd, as follows:

7 to 9 years of service -------------------------------- $200.00
10 to 16 years of service ------------------ one week’s base pay
17+ years of service --------- one and one half week's base pay

B. _ Longevity bonus pay to regular part-time employees who work 25 or
more hours per week and who have seven or more years of service as in A above,
shall be determined by the average number of weekly hours worked during the
preceding year in proportion to the weekly hours of regular full-time employees.

C. An employee eligible to receive longevity pay, who voluntarily
terminates his/her employment or is dismissed for just cause prior to November 22
of any year, shall forfeit his/her right to entitlement to all or any portion of
longevity pay to which he/she would otherwise be entitled.

47

D. Employees hired after July 1, 2005 shall not be eligible for Longevity
Bonus.

Article 26 - CLOTHING ALLOWANCE

A. The City will give an initial issue to each newemployee of three sets
of work clothing (pants, shirts and jackets).

B. _ For each year of this agreement, employees who have completed their
probationary period will be authorized the following amounts to be used to
purchase and maintain authorized work clothing or other authorized uniforms, as
set forth in this Article 26. The authorized work clothing and uniforms for the
purpose of this paragraph will include: NFPA compliant station wear, or work
clothing as set forth by the Board of Fire Commission. Class A uniform and
necessary accessories (hat, badges, necktie, black shoes as example shoes, boots
approved exercise apparel, and any other related approved items).

Each Fiscal Year: per member

Payment of the clothing allowance shall be paid to the eligible employees by
payroll check during the month of July of each year. If the employee prefers,
he/she may purchase the articles of clothing authorized pursuant to this agreement
at their own expense and present the receipts to the designee of the department
within thirty (30) days of the purchase for rembursement through the warrant
process. This selection must be made before the beginning of the fiscal year in
July. If the reimbursement method is selected and the employee does not use the
entire clothing allowance, the balance shall be paid through the payroll system at
the end of the fiscal year in question during the month of June. Employees are
solely responsible for complying with any and all requirements of any taxing
authority and bear all liability for any taxes, federal, state, or local, occasioned by
the manner of payment of the clothing allowance set forth in this Article.

C. Eachemployee will maintain in good condition his/her own uniforms
and must replaceany lost, worn or damaged uniforms at the employee's expense.
Uniforms will be worn by employees only during working hours. He or she shall
be additionally responsible for obtaining and possessing adequate quantities of
required uniforms as well as insuring that uniforms purchased and worn meet
Nashua Fire Department approved standards.

48