Borough of Lavallette, NJ Article VI Reimbursement for Accumulated Absence

[Added 7-25-2005 by Ord. No. 2005-12(976)]

§ 45-25 Employees subject to individual employment contracts or collective bargaining agreements.

Employees who have entered into individual employment contracts or are subject to a collective bargaining agreement between a bargaining unit and the Borough of Lavallette shall have accumulated leave time, and payment for same, as established by the terms of such agreements.

§ 45-26 Employees not subject to individual employment contracts or collective bargaining agreements.

Employees not subject to individual employment contracts or collective bargaining agreements shall have accumulated leave time as follows:

A. Sick leave. Sick leave will be granted to each full-time employee. In hours, on the following basis:

(1) Sick leave shall be provided in accordance with N.J.A.C. 4A:6-1.3, as amended and supplemented.

(2) A total of no more than 30 days of accumulated sick leave will be paid to an employee upon retirement, death or resignation in good standing after 10 years' service. If an employee resigns after less than 10 years of service, no accumulated sick leave will be paid. In the case of death, the benefits shall be paid to the next of kin.

(3) Accumulated sick leave shall be paid at the employee's rate of pay as of the date of separation.

(4) If an employee is discharged for cause, that employee will receive no payment for accumulated sick leave.

(5) If an employee is absent for more than three consecutive working days, the employee must provide to the Borough written confirmation of the employee's illness from a physician. An employee who uses more than 10 sick leave days during one calendar year without written confirmation of the employee's illness from a physician, must provide to the Borough written confirmation of illness from a physician for all additional days of sick leave taken within that calendar year.

(6) If an employee has accumulated 30 sick days, that employee shall be entitled to sell back all or any portion of unused sick leave above the accumulated 30 days, earned during the current calendar year, to the Borough at the employee's current rate of pay, provided that any sick days taken during the year in question shall be considered as having been earned during that calendar year. If an employee elects to sell back unused sick time, that employee's department head shall notify the Chief Financial Officer by November 1 of the relevant calendar year, and payment shall be made by the Borough by the first pay period in December of the relevant calendar year. If any sick days are used after November 1 of the relevant calendar year, those sick days will be deducted from the employee's remaining 30 days of accumulated sick leave.

B. Vacation leave.

(1) Vacation leave will be granted to each full-time employee, in hours, on the following basis:

(a) An employee with no more than 12 months of service shall receive one working day, in hours, for each calendar month employed.

(b) An employee who, at the beginning of a calendar year, has served one year and one day up to a total of four years shall receive 12 working days, in hours, per year.

(c) An employee who, at the beginning of a calendar year, has served from four years and one day up to 11 years shall receive 15 working days, in hours, per year.

(d) An employee who, at the beginning of a calendar year, has served from 11 years and one day to 19 years shall receive 19 working days, in hours, per year.

(e) An employee who, at the beginning of a calendar year, has served for at least 19 years and one day shall receive 25 working days, in hours, per year.

(f) New full-time employees, both provisional and permanent, shall earn, but are not permitted to use, vacation leave during the first three months of employment. Employees who are not retained at the conclusion of the three-month period shall not be entitled to payment for any vacation or sick leave accumulated during that time.

(2) Vacation leave may be carried over for one calendar year, where use of such leave was not permitted during the year earned due to business necessity. Vacation leave not used by the end of the calendar year following the year of employment is lost.

(3) Accumulated vacation leave shall be paid to the employee upon separation of employment at the employee's rate of pay as of the date of separation. Any employee leaving the service of the Borough shall have unused vacation leave paid to him/her on a pro-rated basis. If separation from service occurs, unearned vacation leave used will be deducted from the employee's last pay along with any other unearned leave that the employee has utilized.

C. Personal days.

(1) Personal leave will be granted to each full-time employee, in hours, on the following basis:

(a) An employee who, at the beginning of a calendar year, has served one year and one day up to a total of six years shall receive one working day, in hours, per year.

(b) An employee who, at the beginning of a calendar year, has served from six years and one day up to 12 years shall receive two working days, in hours, per year.

(c) An employee who, at the beginning of a calendar year, has served for at least 13 years and one day shall receive three working days, in hours, per year.

(2) All personal days given must be used within the calendar year given.