[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.]
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.
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.
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.
[Amended 7-12-2022 by Ord. No. 4369-22]
Franklin Township provides equal employment
opportunity (EEO) to all employees and applicants for employment without
regard to race, sex, color, religion, gender, gender identity or expression,
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, gender identity or expression, national origin,
age, disability or veteran status. A complaint procedure shall be
provided for in the Township's Personnel Policy Manual.
[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.
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]
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]
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.
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.
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:
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:
(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.
[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.
[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.
[Amended 9-28-2022 by Ord. No. 4380-22]
(1)
Confidential employees eligible for benefits under
this chapter shall receive benefits not less than those authorized
for employees of the same grade classifications as permitted by law.
(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 as permitted by law.
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.
[Amended 9-28-2022 by Ord. No. 4380-22]
(1)
Exempt managerial staff subject to the provisions
of N.J.S.A. 40A:9-10.3 may accumulate up to two years of earned vacation.
(2)
Exempt managerial staff not subject to the provisions
of N.J.S.A. 40A:9-10.3 may accumulate up to three years of earned
vacation.
(3)
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.
(7)
Independence Day.
(8)
Labor Day.
(9)
General Election Day (first Tuesday after the first
Monday in November).
(10)
Veteran's Day.
(11)
Thanksgiving Day.
(12)
Friday after Thanksgiving Day.
(13)
One half day Christmas Eve (afternoon).
(14)
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.
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.
[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.
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.
[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.
Benefits based on date of hire.
[Amended 6-9-2009 by Ord. No. 3831; 10-22-2013 by Ord. No. 4040-13; 10-23-2018 by Ord.
No. 4249-18]
(1)
Employees hired prior to November 12, 2018, 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.
(2)
Employees hired after November 12, 2018, will receive retiree health
benefits until age 65. Upon attaining age 65, retirees will be required
to enroll in Medicare Part A and B at the retiree's expense and health
benefits through the Township will cease.
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/vacation accumulation at retirement.
[Amended 10-23-2018 by Ord. No. 4249-18; 9-28-2022 by Ord. No. 4381-22]
(1)
Employees hired prior to May 21, 2010, 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 not otherwise subject to the provisions
and limitations of N.J.S.A. 40A:9-10.2. 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 the amount due.
No payment under this section shall affect, either by increasing or
decreasing, any pension retirement benefit due the employee.
(2)
Employees and officers subject to the provisions of N.J.S.A. 40A:9-10.2
shall be subject to the limitations as set by statute. Supplemental
compensation for accumulated unused sick leave shall not exceed $15,000,
except in the case of an officer or employee who has, on the effective
date of P.L. 2007, c. 92 (July 1, 2007),[2] or upon the expiration of a collective negotiations agreement
or contract of employment applicable to that officer or employee in
effect on that date, accrued supplemental compensation based upon
accumulated unused sick leave in excess of the statutory limits. Such
employee shall be eligible to receive not more than the amount so
accumulated or not more than $15,000, whichever is greater. Any employee
or officer that becomes subject to N.J.S.A. 40A:9-10.2 after the effective
date of July 1, 2007, and has previously accrued supplemental compensation
based upon accumulated unused sick leave shall, upon retirement, be
eligible to receive for any unused leave not more than the amount
so previously accumulated or not more than $15,000, whichever is greater.
[2]
Editor's Note: See N.J.S.A. 43:15C-1 et seq.
(3)
Employees
hired after May 21, 2010, and prior to November 12, 2018, upon retirement,
will receive full payment for any unused accumulated sick leave, computed
on the basis of final wages, in an amount not to exceed $15,000 for
confidential employees and in an amount not to exceed $15,000 for
exempt managerial staff not otherwise subject to the provisions of
N.J.S.A. 40A:9-10.2. 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 the amount due. No payment
under this section shall affect, either by increasing or decreasing,
any pension or retirement benefit due the employee.
(4)
Employees
hired after November 12, 2018, will not receive payout of unused sick
or vacation time at the time of retirement.
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.
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.
[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.
