Search

ARTICLE 17
SICK LEAVE

Part-Time Employees:

For the purposes of this article, sick leave deductions during one workday shall be the
employee’s normal workday. Part-time employees shall receive prorated sick days and
reach maximum accrual caps based on full-time accruals for employees hired prior to the
signing of this contract. (Examples below.)

32 hours = 8 Hours each Month or 96 hours a year, cumulative to a
maximum of 576 hours.

34 hours = 8.5 Hours each Month or 102 hours a year, cumulative to a
maximum of 612 hours.

Transfers from Another Bargaining Unit or other City Department:

Full-time and part-time employees who transfer from another bargaining unit or from
another City Department without any breaks in City service will be permitted to retain
their sick leave accrual balances. However, they will not be permitted to use them as sick
days under this article until completion of six (6) months of continuous employment.

Full-Time Employees:

Full-time employees must be employed prior to and including the 15" of any month, or
on approved sick or vacation leave, to accrue sick time for that particular month. Sick
leave for full-time employees on the active payroll, covered by this Agreement shall
accumulate at the rate below per calendar month (1 1/4 Days or 15 Days per Year),
except as noted below for employees hired after the signing of this contract:

* 10 hours each month or 120 hours a year, cumulative to a maximum of 1080
hours for 40-hour-a-week employees.

Sick Leave Policies:
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.

19

Use of Sick Leave:

1, Sick leave shall not be considered as 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, the employee’s spouse or
domestic partner, children, and parents, but only when employee’s
presence is required to actively care for the ill person, or to take physical
and dental examinations or other sickness prevention measures.

2, Essential and non-essential employees shall not make physical and dental
examinations during their tour of duty if possible. If these types of
examinations cannot be made during off-duty times, essential personnel
must make arrangements with their 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.

3. All absences from work or absences during their 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, If the employee is exempt
(salaried), he shall not have this time deducted from sick leave; however,
the time may be required to be documented and allocated to FMLA if the
absence is a qualifying FMLA event. 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. The
Commission reserves the right to verify all claims for paid sick leave.

Notification of Sick Leave:

Non-essential employees are to make arrangements to notify their immediate supervisor
or the Desk Sergeant at headquarters daily and in a timely manner prior to scheduled duty
time of their intention to be on sick leave. Essential employees shall make the necessary
notifications at least one (1) hour before their normal scheduled duty time.

Use of Leave:
The appropriate supervisor will complete NPD Form #02-06, "Use of Leave," upon
notification of an employee's requesting sick leave. Employees taking sick leave are

required to fill out NPD Form #02-07, "Use of Leave Time", the next working day from
the use of leave.

Doctor’s Slip Required:

20

Notwithstanding the frequency, in all cases a doctor’s slip is required for employees
taking three or more successive sick days within five (5) days after returning to work.

Loss & Reinstatement of Sick Leave:

ili

Except in the case of death, accrued sick leave shall be lost if the
employee resigns, is discharged, released, or laid off. If full-time
employees leave employment with the Nashua Police Department, but
return within three (3) years of your date of termination, their accrued sick
leave will be reinstated.

Empleyees—Full and part-time employees who have reached their sick
leave cap, 1080 hours for full-time employees and 612 hours for part-time
employees.-shall be allowed up to an additional year’s sick leave accrual;
however, said days shall not be allowed to carry into the ensuing year. At
the start of every new calendar year, the sick leave balance shall be
brought back to the employee’s maximum accrual amount. Employees
will be able to again accrue sick days as outlined in this Article beyond
their cap up to an additional year’s accrual for that year, and the process
will begin again.

Full-time employees who abuse sick leave, shall forfeit 10 days (for 40-
hour-a-week employees), of accrued sick leave for a first offense. (If the
entire 10 days cannot be deducted from the accumulated total due to the
accrual amount, the negative balance will be carried over until the entire
time can be deducted.)

For the second offense, full-time employees shall forfeit 12 days (for 40-
hour-a-week employees) of accrued sick leave. (If the entire 12 days
cannot be deducted from the accumulated total due to the accrual amount,
the negative balance will be carried over until the entire time can be
deducted.) For the third offense, the employee will be immediately
discharged.

Death/Retirement Payments for Full-Time Employees:

alt

Accrued sick leave, up to the designated amount listed in the following
paragraphs, shall be paid in a lump sum to the employee’s beneficiary, as
specified in writing by the employee on an approved form, if death occurs
while employed by the Nashua Police Department. If no beneficiaries are
designated by the employee, the accrued sick leave will be paid to the
employee’s estate.

Upon retirement under the NH Retirement System, an employee will
receive payment for the accrued sick leave balance in his account (up to

21

720 hours for 40-hour-a-week employees), calculated at the current rate of
pay on the day of retirement.

3. Upon layoff due to reduction in force, an employee will be paid 25% of all

accrued sick leave calculated at the employee’s then current rate of pay.
Sick Bank:

1. All employees covered under this Collective Bargaining Agreement may
maintain and contribute to a sick leave bank on a voluntary basis from
their unused sick leave credits.

2. A Sick Leave Bank Committee appointed by members of the Union shall
establish the rules and procedures of the sick leave bank.

3. A copy of the rules and procedures under which the sick leave bank
operates must be provided to the Chief of Police by the Union.

4. The Sick Leave Bank Article or the procedures and standards established
by the Sick Leave Bank Committee 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".

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.

"Domestic partner" is defined as an individual:

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

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.

22

Full-Time/Part-Time Employees:

BEREAVEMENT
LEAVE
A. 1 DAY LEAVE In the event of the death of an uncle, aunt,
niece, or nephew of the employee
B. 3 DAYS LEAVE In the event of a member of the immediate
family of the employee as defined below.
C. 4 DAYS LEAVE In the event of the member’s parent, step-
parent, spouse, child, or step-child.

Bereavement Leave Policies:

A.

Such leave shall normally commence upon the day following the death of
the immediate family member.

Employees may utilize sick leave for the hours missed when first notified
of deaths, unless it is at the beginning of their normal tour of duty.

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 business bereavement leave days for full-time/part-time
employees.

At the discretion of the Chief of Police or a Deputy Chief, the three
consecutive business days may be broken up between the initial
notification and the actual day of the funeral services.

Appropriate Form Required:

The appropriate NPD Form shall be completed for all usage of bereavement leave.

Immediate Family Defined:

The immediate family includes your spouse and the following relatives of you or your

Spouse:

Children, Stepchildren, Brother, Stepbrother, Sister, Stepsister, Parents,

Stepparents, Grandparents, Step-Grandparents, Grandchildren, Mother-in-Law, Father-in-
Law, Brother-in-Law, Sister-in-Law, Daughter-in-Law, Son-in-Law, or Ward/Relative
living in the home.

23

11.Fly America Requirements.

For contracts involving transportation of persons or property, by air between the U.S. and/or places outside
the U.S, These requirements do not apply to micro-purchases ($3,500 or less, except for construction
contracts over $2,000).

Contractor shall comply with 49 USC 40118 (the "Fly America” Act) in accordance with General Services
Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and
their contractors are required to use US Flag air carriers for US Government-financed international air
travel and transportation of their personal effects or property, to the extent such service is available, unless
travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall
submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining
why service by a US flag air carrier was not available or why it was necessary to use a foreign air cartier
and shall, in any event, provide a certificate of compliance with the Fly America requirements, Contractor
shall include the requirements of this section in all subcontracts that may involve international air
transportation.

12.Seismic Safety

The contractor agrees that any new building or addition fo an existing building will be designed and
constructed in accordance with the standards for Seismic Safety required in Department of Transportation
Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the
regulation. The contractor also agrees to ensure that all work performed under this contract including work
performed by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.

13.Cargo Preference Requirements
The Maritime Administration (MARAD) regulations at 46 C.F.R. § 381.7 contain suggested contract
clauses, Recipients can draw on the following language for inclusion in their federally funded procurements.

Cargo Preference - Use of United States-Flag Vessels - The contractor agrees:

a, to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such
vessels are available at fair and reasonable rates for United States-Flag commercial vessels:

b. to furnish within 20 working days following the date of loading for shipments originating within the United
States or within 30 working days following the date of loading for shipments originating outside the United
States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
contractor in the case of a subcontractor's bill-of-lading.); and

c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract
may involve the transport of equipment, material, or commodities by ocean vessel.

8|Page

Domestic Partner:

The immediate family may also include an employee's domestic partner; however,
Management reserves the right to determine the circumstances under which a "domestic
partner" qualifies under this Article.

Disputes:

Disputes concerning Bereavement Leave shall be subject to the Grievance Procedure
through STEP 2 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 or Detention Specialist 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 absence for the anticipated length of such service.
The employee will be allowed seniority credit for the time spent in the armed forces.

The employee is entitled to reinstatement to the position he held or one of like status and
pay if a vacancy is open within the city, provided that the employee accepts release from
active service at the earliest possible date and request reinstatement within ninety (90)
days after release.

If a regular full-time employee is called to serve not more than a seventeen-day annual
training tour of duty with the National Guard or Armed Forces Reserve, he shall be paid
the difference between his pay for such government service and the amount of straight
time earnings lost by him by reason of such service, if any, based on the employee's
regularly scheduled straight time rate. Such payments shall be made following the
showing of satisfactory evidence of the amount of pay received for such service. The
employee will continue accrual of sick and vacation time during this time and shall not
lose any benefits.

If a regular full-time employee is called into active duty with the National Guard or
Armed Forces Reserve for more than 17 days, he shall not be paid the difference between
his pay for such government service and the amount of regular straight time earnings.
The employee may request payment of his sick and vacation accrual balances (subject to
accumulation restrictions) or these accruals may remain as balances until he returns to
city employment. He shall not accrue sick and vacation time during the military leave of
absence and his benefits will be as indicated below:

A. More than 17 days, less than 6 months.....Full benefits

24

B. More than 6 months:

1. No benefits:
2. Allowed seniority credit for the time spent in the armed forces,
3. Insurance benefits available under COBRA provisions.

Part-Time Employees:

Part-time employees are eligible for paid or unpaid personal leaves of absence. By law,
employees are eligible for Family Medical Leave if they have been employed at least
twelve (12) months and worked at least 1,250 hours during the twelve (12) months
immediately preceding the commencement of the leave.

Paid Leaves of Absence:

With prior approval, and at the sole discretion of the Chief of Police, paid leaves of
absence may be granted to regular full-time employees due to personal illness up to six
(6) weeks. The paid leaves of absence are limited to an employee's total accruals of sick
and vacation time.

Full-time employees continue to accrue sick and vacation time while on paid leaves of
absence. A leave of absence shall be charged first against the employee's accumulated
sick leave and then against the employee's accumulated vacation time.

Unpaid Leaves of Absence:

1. With prior approval, and at the sole discretion of the Chief of Police,
unpaid leaves of absence may be granted to regular full-time employees
due to personal illness up to forty-five (45) continuous days. Full-time
employees do not accrue sick and vacation time while on unpaid leaves of
absence. During an unpaid leave of absence for personal illness, the City
will continue to pay its portion of applicable insurance premiums up to six
(6) months. An employee will continue to pay their portion(s) of
applicable insurance premiums during this six-month period. Thereafter,
the employee shall pay 100% of the cost if he wishes to continue
applicable insurance coverage.

2. To continue any applicable insurance benefits during an unpaid leave of
absence for other reasons than personal illness, it shall be the employee's
responsibilities to assume payment of the full premiums (100%) at the
time of leave. Payment of applicable insurance premiums during an
unpaid leave of absence must be arranged in advance with the Human
Resource Department and the Insurance Department.

25

At no time shall an unpaid leave of absence extend beyond 45 continuous
days unless authorized by the Chief of Police. If the member can meet the
eligibility requirements as set by the City's Disability Income Plan, he may
apply for the Long Term Disability Benefit. (Cite Article 31.)

If the Department's operations are affected due to the length of the unpaid leave of
absence and a medical authority cannot determine when the employee is able to work, it
shall be the Chief's of Police’s discretion to hire a temporary or regular replacement. If
the employee is able to recover from the disability during the limitation period of the
long-term disability benefit and the Commission is satisfied with the recovery, he will
have preference over applicants outside the City to apply for any position within the City
that he is qualified for. If the employee cannot recover during the limitation period as
described above, the employee shall be terminated.

ARTICLE 20
PERSONAL DAYS

Regular Full-Time Employees:

A.

D.

For the purpose of this Article the words “personal day” means a day,
when an employee is excused from active duty for personal reasons.

Said time is deducted from the employee's accumulated sick leave. If no
sick leave is available, the employee is not eligible to receive a personal
day.

A full-time regular employee may use 6 days (“days” as defined under
Paragraph “A” above), of sick leave per calendar year for personal leave.

Personal days may be taken in half day increments.

Regular Part-Time Employees:

A.

For the purpose of this Article the words "personal day" means a normal
workday, when an employee is excused from active duty for personal
reasons.

Said time is deducted from the employee's yearly sick leave balance. Ifno

sick leave is available, the employee is not eligible to receive a personal
day, unless the employee opts to take an available vacation day.

26

C. Only upon the discretion of the Chief of Police (or a Deputy Chief in his
absence) will a part-time employee be allowed to take a day off for
personal reasons without pay.

D. Part-time employees may use up to 6 days (“days” as defined under
Paragraph “A” under this section), sick days as personal days.

Approval of Personal Leave:

Personal Leave must be approved by your supervisor prior to the date of such personal
day, except in an emergency. If approved, the appropriate form will be completed by the
supervisor or employee. The form will be forwarded to the Financial Services Division.
Except in cases of emergency, the form will be approved/disapproved (pending the
availability of accrued sick leave), and the employee will be notified by the Bureau
Commander or designee of its approval or disapproval.

Provisions:
«+ A personal day's approval is subject to potential workloads, manpower

requirements, and any possibility of an emergency situation as determined by the
Chief of Police or designee.

+ Once a personal day is approved and the date is to be changed or canceled by the
employee, the employee must reapply.

+ The approved personal day is subject to recall by the Chief or designee due to

potential workloads, manpower requirements, and any emergencies that may
arise.

+ Personal days shall not be taken more than two at a time unless approved by the
Chief of Police or designee.

Disputes:

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

ARTICLE 21
EXCHANGE OF WORKDAYS

27