Township of Franklin, NJ
Somerset County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Franklin 3-27-2001 by Ord. No. 3200 (Ch. 44 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 5.
Salaries and compensation — See Ch. 62.

§ 46-1 Purpose.

The purpose of this chapter is to set forth the policy of Franklin Township regarding personnel practices and establish a personnel system to administer such practices under the direction of the Township Manager.

§ 46-2 Policy declaration.

Franklin Township's personnel policy shall consist of a system of rules:
A. 
That complies with all applicable state and federal laws governing employment practices
B. 
That develops an effective Township organization by establishing a work environment that encourages employee productivity and maximizes individual employee capability and potential
C. 
That provides equal opportunity and advancement for all qualified persons based on work performance, competencies, education and experience
D. 
That ensures employees receive adequate incentives in the form of adequate salaries, the recognition of exceptional performance, the reward of long service and the availability of retirement benefits
E. 
That establish an equitable method for administering discipline.

§ 46-3 Guiding merit principles.

The Township's personnel system shall center around merit principles designed to:
A. 
Recruit, hire, and advance employees on the basis of ability, knowledge and skill.
B. 
Base personnel actions on merit and performance principles such as:
(1) 
Tests (written, performance, interview, skills or other).
(2) 
Experience, education, employment and performance records; or observable on-the-job performance.
(3) 
Provide equitable and adequate compensation.
(4) 
Train employees on the job to assure high quality performance.
(5) 
Retain employees on the basis of adequate performance and separate employees whose inadequate performance cannot be corrected.
(6) 
Assure fair treatment and equal employment opportunity for applicants for employment as well as employees in all aspects of personnel administration without regard to political affiliation, race, religion, age, national origin, color, sex or disability.
(7) 
Assure that every employee complies with the spirit and intent of this personnel system.

§ 46-4 Nondiscrimination.

Franklin Township provides equal employment opportunity (EEO) to all employees and applicants for employment without regard to race, sex, color, religion, gender, sexual orientation, national origin, age, disability, martial status, political affiliation or status as a Vietnam veteran in accordance with applicable federal, state laws. This policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. Franklin Township expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, national origin, age, disability or veteran status. A complaint procedure shall be provided for in the Township's Personnel Policy Manual.

§ 46-5 Scope and applicability.

[Amended 6-10-2003 by Ord. No. 3380]
A. 
The provisions of this chapter shall be applicable to all employees except as provided below:
(1) 
Elected officials shall be exempt from these provisions except as specifically provided for in this chapter.
(2) 
The Township Clerk and Tax Assessor shall be exempt from those provisions governing appointment and dismissal.
(3) 
Volunteer personnel and personnel appointed to serve without pay.
(4) 
Consultants and counsel providing temporary professional services.
(5) 
Seasonal, temporary or part-time employees unless specifically indicated.
(6) 
Except where a provision of a negotiated collective bargaining agreement states otherwise.
B. 
The Chief of Police may prepare and enforce, with the approval of the Township Manager, police personnel policies and procedures. Such policies and procedures shall be in addition to and supplement the personnel policies established in this chapter.

§ 46-6 Administration.

A. 
Personnel rules. Based on the established policy guidance set forth in this chapter, the Township Manager shall be authorized to promulgate rules and regulations to administer the Township's personnel system. The Township Manager shall also be authorized to establish a personnel policy manual to assist managers with the administration of the personnel system.
B. 
Council review of proposed rules. The Township Manager shall forward proposed rules to the Township Council for adoption by resolution. These rules shall have the effect of law. Amendments to the rules shall also be made by the adoption of a resolution.
C. 
Establishment of Personnel Office. The Township Manager shall ensure the establishment and operation of a Personnel Office. The Personnel Office shall be under the supervision of the Personnel Officer, who shall perform the functions as designated by the Township Manager in accordance with this chapter, state and federal laws.
D. 
Maintenance of personnel records. The Personnel Office shall maintain such personnel records as are necessary for the proper administration of the personnel system. The Township shall maintain only information that is necessary and relevant to accomplishing legitimate personnel administration needs. Personnel files at a minimum shall maintain the following:
[Amended 12-13-2002 by Ord. No. 3341]
(1) 
Original employment application.
(2) 
Notes from any preemployment interview.
(3) 
Written performance evaluations.
(4) 
Disciplinary actions.
E. 
Responsibility of the Township Manager. The Township Manager shall be responsible for the administration of the personnel policies, rules and provisions of ordinances. The Township Manager shall have final authority in the administration and interpretation of the provision of this chapter. The Township Manager shall be authorized to contract with any qualified person or agency for the performance of such technical services as may be desired to the establishment and operation of the personnel program. The services may include the contracting for a broker of record who shall market the Township's hospital and medical insurance.
F. 
Responsibility of the Personnel Officer. The Township Manager may designate a Personnel Officer who shall assist in the preparation and maintenance of the position classification plan, pay plan compensation plan and perform such other duties in connection with a modern personnel program as the Township Manager shall require including written job descriptions.
[Amended 12-13-2002 by Ord. No. 3341]

§ 46-7 Classification system.

A. 
Purpose. The purpose of the classification plan shall be to assist in the efficient conduct of the Township's personnel management; to establish a system of identifying and describing the varied kinds of work in the administrative organization; to group similar positions under common job titles; to provide efficient, effective and economical service to Township residents through recruitment and the retention of competent personnel.
B. 
Functions. The functions of the plan shall be to:
(1) 
Aid in Township planning and budgeting processes;
(2) 
Provide a systematic system for recruiting, selection and placement of personnel;
(3) 
Maintain the principle of "equal pay for equal work;"
(4) 
Assure professional and systematic approaches to promotion, transfer, demotion, reassignment, and to detail individual duties and supervisory relationships.
C. 
Administration. The Township Manager shall have primary responsibility for the administration of this classification plan. The Township Manager may delegate to the Personnel Officer the responsibility to conduct the detail administration of this classification plan which may include:
(1) 
Conduct necessary classification surveys;
(2) 
Develop job description forms;
(3) 
Conduct position questionnaire reviews;
(4) 
Conduct job audits;
(5) 
Determine job classes;
(6) 
Relate the classification plan to the compensation plan;
(7) 
Write class specifications;
(8) 
Establish allocation lists; and
(9) 
Otherwise maintain the plan.
D. 
Maintenance of the classification plan. The elements of the plan are not static, but are subject to periodic changes. Thus, the classification plan must receive periodic reviews and require periodic amendment. The Personnel Officer shall prepare manuals covering:
(1) 
Factors requiring plan changes;
(2) 
Details of plan maintenance;
(3) 
General maintenance principles and responsibilities;
(4) 
Methods of classification maintenance;
(5) 
Procedures for classification study;
(6) 
Consideration of employee status;
(7) 
Suggested files and records;
(8) 
Re-surveys; and
(9) 
Standards for evaluation of the maintenance program.

§ 46-8 Compensation plan.

A. 
Compensation plan preparation. The Township Manager or the Personnel Officer under the direction of the Township Manager shall prepare a compensation plan. The rate or range for each class shall be such as to reflect fairly the differences in duties and responsibilities and shall be related to compensation for comparable positions in other places of public employment.
B. 
Adoption. The Township Manager or Personnel Officer shall submit the compensation plan to the Council for adoption by ordinance. Before the compensation plan is adopted by the Council, the Township Manager or the Personnel Officer shall assign each job class to one of the pay ranges provided in the compensation plan.
C. 
Amendment. The compensation plan may be amended by ordinance of the Township Council from time to time as circumstances require, either through adjustment of rates or by reassignment of job classes to different pay ranges. All modifications shall apply uniformly to all positions within the same class.

§ 46-9 Recruitment, selection and appointment.

A. 
Vacancy announcements. An employment bulletin board shall be established for the posting of all position vacancies. Additional recruiting publicity may be carried out as requested by the department or recommended by the Personnel Officer. Position vacancy announcements shall contain at a minimum:
(1) 
The title of position.
(2) 
A summary of the duties of the position.
(3) 
A summary of the minimum qualifications.
B. 
Application for employment.
(1) 
Applicants for Township employment shall apply on forms provided by the Township and designed to obtain pertinent information concerning the applicant's education, training, experience, character and other factors necessary to determine fitness and qualifications for service in the Township. All applicants shall file their applications with the Personnel Office.
(2) 
An official Township application form shall be made available to applicants for all position listings. No applications may be accepted by a department; all applications must be made through the Personnel Office.
C. 
Responsibility of Police Department. The Police Department Administrative Division shall be responsible for the distribution of vacancy announcements, the acceptance of applications and tracking of applicants for appointment or promotion to a position in the Police Department excluding police civilian.
D. 
Qualification standards. All applicants considered for employment or promotion shall meet the essential qualifications standards established by the class specification for the position to which the appointment is being made. Applicants who knowingly make any material false statement concerning their application for appointment or promotion to a position shall forfeit their right to be considered for or to occupy the position.
E. 
Selection.
(1) 
The Department/Division Director shall document on a consistent basis their selection process. The Department/Division shall review applications and determine which applicants have the minimum qualifications. These applicants shall become candidates for the job opening.
(2) 
Applications may be rejected where the candidate:
(a) 
Lacks any of the established qualifications and requirements for appointment to the position.
(b) 
Is physically unfit to perform the duties of the position.
(c) 
Is addicted to the habitual or excessive use of drugs or intoxicants.
(d) 
Has been convicted of any crime or offenses, including disorderly persons offenses, involving moral turpitude or disgraceful conduct.
(e) 
Has been dishonorably discharged from Armed Services of the United States and has not received presidential pardon.
(f) 
Has been dismissed from previous employment for delinquency, insubordination or misconduct.
F. 
Appointments.
(1) 
Appointment to Township employment shall be made on the basis of merit and fitness demonstrated by examination and/or other evidence of competence without regard to race, sex, color, national origin, religion, age, gender, sexual orientation, marital status, political affiliation, disability or status as a Vietnam era veteran in accordance with applicable federal and state laws. The Personnel Officer shall be responsible for assisting departments in recruiting and selecting such employees as are authorized by the classification plan and by the budget.
(2) 
The appointing authority for the Township is the Township Manager. The Department/Division Director shall recommend appointments for departmental positions to the Township Manager.
(3) 
The Township Manager shall require any job applicant to submit to a physical examination by the Township Physician before appointment. The physical examination may include preemployment drug testing. All appointments are subject to satisfactory physical examinations.
G. 
Residency requirement.
(1) 
No employee of the Township need be a resident of the Township at the time of appointment but shall establish residence in the Township within one year after the date of appointment, with the exception that the employee may reside outside the Township:
(a) 
Where there is a lack of adequate rental facilities or residential housing;
(b) 
Where available housing of any type is beyond the employee's income level or is substandard; or
(c) 
Where undue financial, transportation or health hardship would result from enforcing Township residency.
(2) 
Subject, however, to the following conditions:
(a) 
The employee's place of residence is within 20 minutes driving time from the main municipal office of the Township or within five air miles from any boundary line of the Township and within the county; and
(b) 
The employee is married and the head of a family, is an unmarried head of the household as defined by the Internal Revenue Service; or is not the head of a family but is contributing 20% or more to the family income annually.
(3) 
Nonresidency is a privilege and not a right and must be approved at the Township Manager's sole discretion pursuant to an application filed by the employee with the Township Manager, which application shall contain information revealing the employee's income, and information indicating that the requisite conditions exist which would entitle such employee to reside outside the Township in accordance with the provisions herein. Any false statement in such application shall be grounds for immediate dismissal. Present employees desiring to move outside the Township must comply with the provisions contained herein. If, following approval of nonresidency, any of the above conditions upon which nonresidency was approved changes, the nonresident employee, at the Township Manager's discretion, shall be required to establish residency in the Township within such period of time as shall be determined by the Township Manager. The Township Manager may not reside outside of the Township.
H. 
Probationary/evaluation period established.
(1) 
All employees hired or promoted shall serve a probationary/evaluation period of six months with option to extend six months from date of hire or promotion. During this probationary period, the Township reserves the right to terminate an employee for any reason.
(2) 
During the probationary/evaluation period an employee shall be evaluated twice during any six-month probationary/evaluation period.
I. 
Promotion.
(1) 
Vacancies in positions above the entrance level shall be filled by promotion whenever in the judgment of the Township Manager or Personnel Officer it is in the best interests of the Township to do so. Promotions shall give appropriate consideration to the applicant's qualifications, record of performance, and seniority.
(2) 
An advancement in rank or grade or an increase in salary beyond the limits defined in the rules for the administration of the compensation plan shall constitute a promotion.
(3) 
Any person who is appointed to a vacancy by promotion shall serve a probationary/evaluation period of six months, which may be extended to one year upon recommendation of the department head and approval of the Township Manager.
J. 
Reduction in force.
(1) 
Whenever there is a lack of work or lack of funds requiring reductions in the number of employees in a department or division of the Township government, the required reduction shall be made in such job class or classes as the Township Manager may designate, provided that employees shall be laid off in inverse order of their relative length and quality of service.
(2) 
Within each affected job class, all temporary employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any regular employees.
K. 
Resignation. An employee may resign by filing his reason with the Township Manager or Personnel Officer. An employee resigning in good standing may be reinstated to any position in the same class if there is a need for his/her services within two years of the date of resignation.
L. 
Separation. Employment shall be conditioned on good behavior and the satisfactory performance of duty. Any employee may be temporarily separated by layoff or suspension, or permanently separated by resignation or dismissal.
M. 
Discipline. Disciplinary action or measures shall include oral reprimand, written reprimand, suspension (nature to be given in writing, and removal/discharge:
(1) 
Oral reprimand. Oral statement administered by Supervisor to an employee.
(2) 
Written reprimand. A formal statement delivered in writing by a supervisor to an employee.
(3) 
Suspension. The temporary separation of an employee from employment for a defined period of time with or without pay (at the discretion of the Township Manager).
(4) 
Removal/discharge. The permanent separation of an employee from employment.
N. 
Occasions for disciplinary action. Some infractions may include, but are not limited to:
(1) 
Neglect of duty.
(2) 
Sleeping while on duty.
(3) 
Insubordination or serious breach of discipline.
(4) 
Intoxication while on duty; drinking or substance abuse during work hours.
(5) 
Chronic or excessive absenteeism/tardiness.
(6) 
Neglect of or willful damage of public property or waste of public supplies.
(7) 
The use or attempt to use one's authority or official influence to control or modify the political action of any person in the service or engagement in any form of political activities during working hours.
(8) 
Conduct unbecoming as an employee of the Township.
(9) 
Commission of a criminal act.
(10) 
Violation of the drug and alcohol policy adopted by the Township, in which case disciplinary action will conform to the policy guidelines.

§ 46-10 Periodic objective employee evaluations.

[Added 12-10-2002 by Ord. No. 3341]
The Township recognizes the importance of conducting periodic evaluations of employee performance to assist in the growth and development of all employees. Such evaluations shall identify employee strengths as well as weaknesses, and will become the basis for creating a personal improvement or development program for the employee.

§ 46-11 Employment benefits.

[Amended 11-27-2001 by Ord. No. 3253; 2-12-2002 by Ord. No. 3267; 6-24-2008 by Ord. No. 3764]
A. 
Confidential and senior management employees.
(1) 
Confidential employees eligible for benefits under this chapter shall receive benefits not less than those authorized for employees of the same grade classifications.
(2) 
Senior managers, including the Township Clerk and Tax Assessor, eligible for benefits under this chapter shall receive benefits not less than those authorized for employees of the senior managers' collective bargaining unit.
B. 
Vacation leave.
(1) 
Exempt managerial staff vacation leave is an accrued benefit based on the following schedule. Vacation leave will accrue but may not be used until after six-month probationary period is completed.
Years of Service Completed in PERS
Annual Vacation Leave Credit1
(days)
5
15
10
20
15
25
20
30
(2) 
Confidential staff vacation leave is an accrued benefit based on the following schedule: Vacation leave will accrue but may not be used until after six-month probationary period is completed.
Years of Service
Annual Vacation Leave Credit1
(days per year)
Beginning 2 through 5
12
Beginning 6 through 10
15
Beginning 11 through 15
20
Beginning 16 through 20
25
21 and over
30
1NOTE: Year one: one day per full month of service, not to exceed 10 days.
C. 
Granting vacation. Employees shall be granted the use of earned vacation leave upon request to their respective supervisor, subject to the operational needs of the respective department as determined by the Department/Division Director. The Department/Division Director shall ensure all employees are given the opportunity to utilize earned vacation. Vacation time will be credited and may be used by the employee as of January 1 of the year in which it will be earned. Vacations may be taken anytime between January 1 and December 31. Half days are permissible.
D. 
Vacation leave accumulations.
(1) 
Exempt managerial staff may accumulate up to three years of earned vacation.
(2) 
Confidential staff may accumulate up to two years of earned vacation.
E. 
Vacation leave upon termination.
(1) 
Exempt managerial staff separated in good standing who have no more than three years of permissible leave to their credit at the time of separation shall be paid the salary equivalent to accrued vacation leave.
(2) 
Confidential staff separated in good standing who have no more than two years of permissible leave to their credit at the time of separation shall be paid the salary equivalent to accrued vacation leave.
(3) 
Any exempt managerial or confidential staff who leave the employment of the Township for any reason, and who has taken vacation before it have been earned, shall reimburse, in full, the Township the cash value of the amounts paid to them for all unearned vacation.
(4) 
Vacation time accumulated is forfeited if at least 10 working days' notice of intention to terminate employment is not given, in writing, by the employee to the appropriate Department/Division Director. All or part of this requirement may be waived by the Township upon approval of the Department/Division Director and Township Manager.
F. 
Holidays. Employees shall receive the following holidays with full pay for the employee's regular daily rate of pay, although no work is performed on such days, and that said employees are in a paid status the day next preceding and next following such holiday:
(1) 
New Year's Day.
(2) 
Martin Luther King's Birthday.
(3) 
President's Birthday (Washington).
(4) 
Good Friday.
(5) 
Memorial Day.
(6) 
Independence Day.
(7) 
Labor Day.
(8) 
General Election Day (first Tuesday after the first Monday in November).
(9) 
Veteran's Day.
(10) 
Thanksgiving Day.
(11) 
Friday after Thanksgiving Day.
(12) 
One half day Christmas Eve (afternoon).
(13) 
Christmas Day.
G. 
Personal leave. Employees are permitted three personal days per year. A personal day is provided to recognize that there may be days when time off is required to conduct personal business. Unused personal days cannot be carried over from year to year and are forfeited December 31.
H. 
Paid sick leave. One day of paid sick leave per month shall be authorized to full-time employees and same shall be cumulative from year to year to a maximum of 110 days. To obtain payment for sick leave next preceding or next following a holiday or vacation, sickness must be substantiated by a doctor's certificate.
(1) 
Criteria for use of sick leave.
(a) 
Personal illness or physical incapacity resulting from causes beyond the employee's control. Whenever deemed necessary, an employee using sick leave may be required to present medical verification of the cause for use of such sick leave.
(b) 
The illness of a member of the employee's household that requires the employee's personal care and attention (not to exceed three days).
I. 
Extended sick leave. Upon exhaustion of sick leave benefits, an employee shall automatically be placed on a leave of absence without pay. The employee shall furnish the Personnel Officer with a medical statement at least every 30 calendar days. The Township may cause the employee to establish continued leave at any time through medical examination by a Township-appointed physician.
J. 
Bereavement leave. Employees may be granted, not to exceed five days off with pay at the employee's straight time rate, in the event of the death of the employee's spouse or child. Employees shall be granted, not to exceed three days off, for any other member of the immediate family defined as parent, parent-in-law, sister or brother. Employees shall be granted one day off, the day of the funeral, without loss of pay, for the funeral of a sister-in-law, brother-in-law, grandparent or grandchild. The Township reserves the right to verify the legal relationship of the family member to the employee.
K. 
Leave of absence without pay.
(1) 
By making application 30 calendar days prior to the effective date, employees may apply to the Township Manager for a leave of absence without pay. Employees may be granted up to 90 days of approved absence without loss or adjustment to seniority rights. If the employee desires to continue benefits through the leave of absence without pay, the employee shall deposit with the Township funds to cover continuation of health, disability and pension benefits.
(2) 
Sick and vacation days will not accrue after 30 days of absence without pay. In addition, the employee's anniversary date shall be adjusted.
(3) 
Maternity leave, paternity leave, leave for the adoption of a child and leave necessary for the illness of a member of an employee's household which require the employee's personal care and attention shall be in accordance with the Family and Medical Leave Act.
L. 
Military leave.
(1) 
Granting of military leave shall be in accordance with federal and state laws.
(2) 
Compensation for military leave during an emergency. Members of the United States Army Reserves and National Guard who voluntarily or involuntarily enter active duty in an emergency as defined by N.J.S.A. 38:23-4.1 shall receive compensation equal to the differential between their current Township salary and any military pay received. This compensation shall continue as long as the employee meets the requirement for military leave under N.J.S.A. 38:23-4.
(3) 
Compensation for military leave for active duty for training. Members of the United States Army Reserves and National Guard shall be compensated for active duty for training in accordance with state and federal law.
M. 
Jury duty. An employee who is called for jury duty shall be paid the employee's regular rate of pay for jury service, upon presentation of proper evidence of jury service and the amount of compensation received. However, the employee shall be required to give prior notice to the immediate supervisor of the call for jury duty.
N. 
Crossing guards and permanent part-time employees.
(1) 
After completion of one year of service, school crossing guards are entitled to:
(a) 
Two days paid sick leave during the school year;
(b) 
Funeral leave per ordinance;
(c) 
Enrollment in the public employee retirement system.
(2) 
After completion of one year of service, permanent part-time employees [defined as working a minimum of 260 hours in each of the four calendar quarters (1040 hours annually) and earning in excess of $500 annually] are entitled to:
(a) 
Two days paid sick leave per year; and
(b) 
Funeral leave per ordinance.
O. 
Donated leave program.
[Added 11-25-2008 by Ord. No. 3798]
(1) 
A full-time employee shall be eligible to receive donated sick or vacation leave if the employee:
(a) 
Has completed at least one year of continuous service;
(b) 
Has exhausted all accrued sick, vacation and administrative leave, all sick leave injury benefits, if any, and all compensatory time off;
(c) 
Has not, in the two-year period immediately preceding the employee's need for donated leave, been disciplined for chronic or excessive absenteeism, chronic or excessive lateness or abuse of leave; and
(d) 
Either:
[1] 
Suffers from a catastrophic health condition or injury;
[2] 
Is needed to provide care to a member of the employee's immediate family who is suffering from a catastrophic health condition or injury; or
[3] 
Requires absence from work due to the donation of an organ (which shall include, for example, the donation of bone marrow).
(2) 
For purposes of this Subsection O, a "catastrophic health condition or injury" shall be defined as follows:
(a) 
With respect to an employee, a catastrophic health condition or injury is a life-threatening condition or combination of conditions or a period of disability required by his or her mental or physical health or the health of the employee's fetus and requiring the care of a physician who provides a medical verification of the need for the employee's absence from work for 60 or more work days.
(b) 
With respect to an employee's immediate family member, a catastrophic health condition or injury is a life-threatening condition or combination of conditions or a period of disability required by his or her mental or physical health and requiring the care of a physician who provides a medical verification of the need for the family member's care by the employee for 60 or more work days.
(3) 
An employee may request that the Township Manager/Assistant Township Manager approve his or her participation in the program as a leave recipient or leave donor. The employee's supervisor may make such a request on behalf of the employee for his or her participation in the program as a leave recipient.
(a) 
The employee or supervisor requesting the employee's acceptance as a leave recipient shall submit to the Township Manager/Assistant Township Manager medical verification from a physician or other licensed health care provider concerning the nature and anticipated duration of the disability resulting from either the catastrophic health condition or injury, or the donation of an organ, as the case may be.
(b) 
When the Township Manager/Assistant Township Manager has approved an employee as a leave recipient, the Department Head or Supervisor shall, with the employee's consent, post or circulate the employee's name along with those of other eligible employees in a conspicuous manner to encourage the donation of leave time. If the employee is unable to consent to this posting or circulation, the employee's family many consent on his or her behalf.
(4) 
A leave recipient must receive at least five sick days or vacation days or a combination thereof from one or more leave donors to participate in the donated leave program. A leave donor shall donate only whole sick days or whole vacation days and may not donate more than 10 such days to any one recipient.
(a) 
A leave recipient shall receive no more than 180 sick days or vacation days, and shall not receive any such days on a retroactive basis.
(b) 
A leave donor shall have remaining at least 20 days of accrued sick leave, if donating sick leave, and at least 12 days of accrued vacation leave, if donating vacation leave.
(c) 
A leave donor shall not revoke the leave donation.
(5) 
While using donated leave time, the leave recipient shall accrue sick leave and vacation leave and be entitled to retain such leave upon his or her return to work.
(a) 
Any unused, donated leave shall be returned to the leave donors on a prorated basis upon the leave recipient's return to work, except that, if the proration of leave days results in less than one day per donor to be returned, the leave time shall not be returned.
(b) 
Upon retirement, the leave recipient shall not be granted supplemental compensation on retirement for any unused sick days which he or she had received through the leave donation program.
(6) 
An employee shall be prohibited from threatening or coercing or attempting to threaten or coerce another employee for the purpose of interfering with rights involving donating, receiving or using donated leave time. Such prohibited acts shall include, but not be limited to, promising to confer or conferring a benefit such as an appointment or promotion or making a threat to engage in, or engaging in, an act of retaliation against an employee.
(a) 
Those employees wishing to donate time shall complete the donor transfer form and submit it to the Finance Department.
(b) 
The Finance Department will verify that the donor is eligible to donate time and will deduct appropriate time from the donor.
(c) 
An employee must donate a minimum of one sick/vacation day. Donations not meeting this requirement will be denied.
(d) 
The Finance Department will be the official recordkeeper of donated time as well as any time that is to be returned.

§ 46-12 Medical insurance coverage.

[Amended 2-14-2006 by Ord. No. 3591; 10-23-2007 by Ord. No. 3721; 6-24-2008 by Ord. No. 3764; 8-12-2008 by Ord. No. 3774]
A. 
The Township shall provide the following medical coverage:
[Amended 2-14-2017 by Ord. No. 4169-17]
(1) 
Effective February 1, 2017:
(a) 
Medical:
[1] 
Horizon BCBS New Jersey Direct Access Plan - New Jersey State Defector Plan.
[2] 
Horizon BCBS New Jersey PPO One Plan.
[3] 
Horizon BCBS New Jersey PPO Two Plan.
[4] 
Horizon BCBS New Jersey OMNIA Plan.
[5] 
Horizon BCBS New Jersey EPO Plan - Design 1.
(b) 
Dental:
[1] 
Horizon BCBS New Jersey Dental Option Plan.
[a] 
Deductible: $50 single /$150 family.
[b] 
Preventative: 100%.
[c] 
Basic: 70%.
[d] 
Major: 50%.
[e] 
Calendar year max: $1,200.
[f] 
Orthodontia: 50% up to $1,500.
[2] 
Horizon BCBS New Jersey Dental Choice Plan.
[a] 
Deductible: none.
[b] 
Preventative: 100%.
[c] 
Basic: 50%.
[d] 
Major: 50%.
[e] 
Calendar year max: none.
[f] 
Orthodontia: 50% of treatment plan.
(c) 
Prescription:
[1] 
Horizon BCBS New Jersey Option 1: nonformulary, $0 copay for generic, $4 copay for brand name.
[2] 
Horizon BCBS New Jersey Option 2: nonformulary, $10 copay for generic, $20 copay for brand name.
B. 
Medical coverage cost and eligibility.
[Amended 3-9-2010 by Ord. No. 3867; 2-14-2017 by Ord. No. 4169-17]
(1) 
Employees eligible for health insurance benefits through the Township shall contribute to the cost of their benefits as dictated by New Jersey Chapter 78. Contributions shall be made via payroll deduction.
(2) 
Full-time employees covered under collective bargaining agreements shall be eligible for medical benefits for the employee and eligible dependent(s) in accordance with their respective agreements.
(3) 
Municipal Court Judges and elected officials shall be eligible for health care coverage for the official and eligible dependent(s) by paying 15% of the medical, dental and prescription premiums.
(4) 
School crossing guards.
(a) 
The Township will provide medical and prescription insurance coverage for school crossing guards appointed prior to January 1, 1992. These school crossing guards shall contribute to the cost of their benefits as dictated by New Jersey Chapter 78. Contributions shall be made via payroll deductions.
(b) 
School crossing guards appointed after January 1, 1992, may join a medical plan by paying the entire annual premium.
C. 
Flexible spending accounts.
[Amended 5-13-2014 by Ord. No. 4059-14]
(1) 
The Township will allow employees to establish flexible spending accounts to which they may contribute to pay for health and other expenses as allowed under the Internal Revenue Code. Up to the amounts allowed annually under the Internal Revenue Code, employees may pay into these flexible spending accounts from their salary or wages or additionally from their stipend under this chapter.
D. 
Cash stipend in lieu of health insurance coverage. In the event that any full-time employee or full-time appointed official, school crossing guard or full-time retired employee with 25 years of service who receives hospitalization and medical, dental and/or prescription coverage through a source other than the Township, said individual may apply for a cash stipend in lieu of municipal hospital, medical, dental and/or prescription coverage. The following provisions shall apply:
[Amended 5-13-2014 by Ord. No. 4059-14]
(1) 
Said individual must apply to the Human Resources office for the cash stipend in lieu of health insurance coverage during the first week of June. Said individual will be required to provide proof of the aforesaid health insurance coverage and must sign an agreement releasing the Township from any and all liability.
(2) 
The Township shall make two equal payments to the individual, one in January and the second in July following the accrual of the stipend.
(3) 
The annual cash stipend in lieu of health insurance coverage shall not exceed 25% of the amount saved by the Township or $5,000, whichever is less.

§ 46-13 Retirement benefits.

[Amended 2-10-2004 by Ord. No. 3427; 6-14-2005 by Ord. No. 3550; 2-14-2006 by Ord. No. 3591; 10-23-2007 by Ord. No. 3721; 6-24-2008 by Ord. No. 3764]
A. 
Current retirees currently receiving retirement benefits as of the effective date of this chapter shall continue to receive benefits as prescribed on the effective date of their retirement.
B. 
Employees retiring with 25 years of service in the New Jersey pension system under service retirement, early retirement, disability retirement or veteran retirement and who have 20 years of service with the Township will receive the medical, prescription and dental benefits for which they are eligible under § 46-12B of this chapter.
[Amended 6-9-2009 by Ord. No. 3831; 10-22-2013 by Ord. No. 4040-13]
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Hospital and medical care benefits for retirees and their dependents with less than 20 years of service, was repealed at the direction of the Township. See now Subsection B.
D. 
Hospital and medical care benefits for spouse/domestic/estate partner of retirees. In the event an employee retiring under the provisions of this chapter dies leaving an eligible spouse/domestic/estate partner, the eligible spouse/domestic/estate partner may opt to continue coverage previously received, provided that the spouse/domestic/estate partner was covered prior to the death of the retiree and is not otherwise eligible for medical benefits from his/her employers.
E. 
Sick leave accumulation at retirement. Upon retirement or death after 10 years of service, the employee or his/her spouse/domestic/estate partner will receive full payment for any unused accumulated sick leave, computed on the basis of final wages, in an amount not to exceed $16,500 for confidential staff and in an amount not to exceed $30,000 for exempt managerial staff. For the purpose of this section, the retirement date shall be the date established by the Public Employees Retirement System. Deferred retirement benefits shall not count as retirement for purposes of this section. Any employee who is eligible to retire shall give at least 12 months' notice to the employer if they desire a lump-sum payment for accumulated sick leave. Otherwise, payment will be paid in 12 equal monthly installments. The employer shall have 45 days from the receipt of the employee's formal notice of retirement approval to make final computations of amount due. No payment under this section shall affect, either by increasing or decreasing, any pension or retirement benefit due the employee.
F. 
Employees who retire on a disability retirement based upon a disability that resulted from the lawful use of deadly force in the performance of their law enforcement duties shall receive the medical, prescription and dental benefits for which they are eligible under § 46-12B of this chapter.

§ 46-14 Temporary disability income protection.

A. 
The cost of temporary disability income protection plan as for all full-time employees shall be shared equally by the Township and the individual.
B. 
Those full-time employees in a no-pay status with less than two years of Township service shall be entitled to medical, dental and prescription benefits for which the employee is eligible for the first 30 calendar days of a temporary disability-insurance-covered leave.
C. 
Those full-time employees in a no-pay status with two years or more of Township service shall be entitled to medical, dental and prescription benefits for which the employee is eligible for the first 180 calendar days of a temporary disability-insurance-covered leave.
D. 
On the 31st or 181st calendar day, respectively, of a temporary disability leave in a no-pay status, the employee shall be responsible for the Township share as well as the employee share for those benefits to which the Township contributes in part or wholly.

§ 46-15 Training.

A. 
Reserve military training. Absences for military training are to be paid in accordance with federal and State of New Jersey statutes as applicable to a municipal employee.
B. 
Job training.
(1) 
Training deemed essential by the department/division director and approved by the Personnel Officer will be normally taken on Township time, and such course will be fully funded by the responsible department to include travel expenses. Such essential training and education must be directly related to the position currently occupied for more effective performance rather than another job or new or additional skill.
(2) 
The Township shall reimburse the employees for tuition costs for training courses taken by the employees at their request when such courses are approved by the department/division director and the Personnel Officer in advance of enrollment and are determined by the department/division director and the Personnel Officer to be of benefit to the Township. Such training courses shall be taken on the employee's own time unless otherwise authorized by the Township Manager, and reimbursement of 50% shall be made to employees after proof of enrollment and 50% after proof of successful completion of such approved course.

§ 46-16 Benefits for members and survivors of volunteer organizations.

[Amended 6-27-2002 by Ord. No. 3300]
A. 
Pensions to certain survivors of volunteer fire fighters, first aid squad or rescue squad members.
(1) 
Provision; amount; when effective. Pursuant to the provisions of N.J.S.A. 43:12-28.1, there is hereby provided a pension in the amount of $5,000 annually to the spouse, minor children or qualified dependent of volunteer fire fighters, first aid squad or rescue squad members who shall die as the result of injuries sustained out of and in the course of performance of duties as a member of such volunteer company or squad. Such pension shall be paid in accordance with the statutes in such cases and in the same manner as municipal employees are paid, but only for any death occurring after the date of this section, except as provided by law.
(2) 
Payment; termination. Such pension shall be paid to the spouse or qualified dependent during his or her unmarried status, or the minor child or children of such volunteer if no spouse is surviving, or to such minor child or children after the death of such spouse. Such pension shall terminate if the spouse or qualified dependent remarries. The minor child shall be a child who has not reached his or her 18th birthday and has never married.
(3) 
Determination of eligibility. The Township governing body and a committee from the Fire Chiefs' Association shall make such investigations as it shall deem necessary to determine eligibility for benefits.
(4) 
Volunteer fire company, first aid squad, etc., to be officially sanctioned; other eligibility requirements. A volunteer fire company, first aid squad or rescue squad must be officially sanctioned by resolution of the Township Council of the Township to be eligible for pension benefits. The death of such volunteer must be out of and in the course of his volunteer duties, and he must have been eligible for workers' compensation benefits as provided by the Township.
B. 
Recognizing that Franklin Township's volunteer fire, rescue and first aid organizations play a critical role in the essential mission to provide public safety for the Township, it is the policy of Franklin Township to support employees who volunteer for these services. Consequently, the Township encourages employees to respond to emergency call during business hours. The Township shall work with volunteers to develop mechanisms that will address the conflict between Township's manpower needs and its support for fire and rescue volunteers. Further, the Township is committed to exploring new ways to encourage volunteerism among its employees.