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| ARTICLE 2623
OVERTIME & FLEX TIME

Overtime will be compensated in accordance with the Fair Labor Standards Act (FLSA). Employees
classified as exempt shall not be entitled to the overtime provisions set forth in FLSA. However, exempt
employees may be entitled to per-diem or flex-time as set forth in this Article.

WHEN OVERTIME IS ALLOWED:

| A. Non-Exempt Employees Full- & Part Time Employees Non-Exempt employees: Non-exempt,
full- and part-time employees will receive time and one-half their regular rate of pay for all approved
time worked in excess of 40 hours during a pay week, Sunday through Saturday._In lieu of overtime,

the non-exempt employee may choose to exchange this overtime to compensation time as set forth
in Article 25.

B. Non-Exempt Employees Called In From Home: If a non-exempt employee gets called in from
home to work, he/she shall receive at least a 3-hour minimum in overtime pay if over 40 hours ina
week or a 3-hour minimum in regular pay if under 40 hours in a week. If the 3-hour minimum
overlaps with regular duty time, additional pay shall be only for hours worked in excess of the
regular duty schedule.

FLEX TIME & PER DIEM:

A. Purpose: Flextime or flexible hours program refers to the replacement of fixed work hours
with flexible hours chosen by an employee within the parameters established by the Chief of Police or

his/her designee. Flextime is the option of working a shorter tour of duty on one day to offset a longer
tour of duty on anoiher day in the same work week due to unusual Department assignments or job

responsibilities.

B. Exempt Employees (Fiex Time & Per Diem):

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September 10, 2021 Page 6
20210910 Bridge St E Hollis St Nashua Sanborn Head Amend 1.docx 4381.00

s Item 1009.22 - Stockpile and Off-Site Disposal of Unanticipated Contaminated Soil.

Sanborn Head will coordinate with the NHDOT to receive the most recent version of the
Standard Specifications identified above and update them as necessary for the scope of this
project. The information obtained as part of the draft Environmental Screening Report
suggests that groundwater is deep and unlikely to be encountered during construction. As
such, we did not included costs to prepare Special Provisions related to temporary
dewatering or management of contaminated water during construction.

We will work with McFarland Johnson to establish pay items for work described in the
Special Provisions related to environmental soil management. We anticipate that
contingency pay items may be incorporated into the bid documents for different types of
off-site soil disposal facilities and unanticipated environmental conditions.

Task CD2 - Bid Assistance

We included an allowance for 8 hours of bid assistance to McFarland Johnson to respond to
pre-bid questions related to hazardous materials and geotechnical sections of the bid
documents.

Task CD3 - Meeting

We included an allowance for one meeting to be attended by the Sanborn Head Principal-
in-Charge at the offices of McFarland Johnson in Concord, NH during the Construction
Documents and Bid Assistance phase.

SANBORN HEAD

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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