The provisions of this article shall apply to all Borough employees except as otherwise provided and except as otherwise provided by individual employment contract or collective negotiation agreement.
[Adopted 12-17-1997 by Ord. No. 33-97]
[Amended 3-27-2024 by Ord. No. 4-24]
A.
The following holidays are observed:
(1)
New Year's Day.
(2)
President's Day.
(3)
Martin Luther King, Jr.'s Birthday.
(4)
Good Friday.
(5)
Memorial Day.
(6)
Juneteenth.
(7)
Independence Day.
(8)
Labor Day.
(9)
Columbus Day.
(10)
Election Day.*
(11)
Veterans Day.
(12)
Thanksgiving Day.
(13)
Friday after Thanksgiving.
(14)
Christmas Day.
*Election Day may be used as a floating holiday as approved by the Mayor and Council. Holidays falling on a Saturday are given on the preceding day, and holidays falling on a Sunday, the following day. This policy conforms to the federal act designating holidays on specific dates, |
B.
Holidays falling during an unpaid leave of absence, except for religious observance, will not be credited.
C.
Those employees not expressly exempted from overtime who work on a holiday shall be paid at a rate of time and one-half for all hours worked. Employees may request equivalent compensatory time off in lieu of pay for all hours worked on the holiday.
D.
Part-time employees shall be paid for holidays at a straight time rate in an amount equal to what they would have received if the day on which the holiday fell would have been a regular working day.
A.
Eligibility. To be eligible for his/her initial vacation, an employee must have completed at least six months of continuous service.
B.
Vacation year. The vacation year is January 1 through December 31, except that one week of vacation taken during the last week of the current year may be considered to have been taken during the current year even though that week of vacation extends into the new year.
C.
Accumulation of vacation time. Except as provided in Subsection B above, the vacation for which an employee is eligible in any calendar year must be taken that year and cannot be carried forward.
D.
Waiver of vacation. A vacation may not be waived by an employee and vacation pay received in lieu thereof.
E.
[1]Holidays during vacation. A recognized holiday that occurs during an employee's vacation period will add a day to the vacation period.
F.
Illness or injury during vacation. If an employee becomes ill or is injured before leaving for a scheduled vacation, the employee's vacation may be rescheduled. If an employee becomes ill or is injured while on vacation, such disability will be considered to be vacation time unless it is of five or more calendar days duration, in which case the following applies:
(1)
The employee's vacation will be deemed to have ceased with the first day of illness or injury; he/she will be placed on sick leave as of that first day. When such employee has recovered sufficiently to be able to resume his duties, he/she may, with appropriate approvals, either continue his/her vacation or take the balance of his/her vacation, the provision of the paragraph next following shall apply.
(2)
If an employee on sick leave approaches the end of the calendar year without having taken and without then being able to take all of the vacation for which he/she is eligible, that period of time equal to the vacation for which he/she is eligible, and which has not been taken, will be designated as vacation. For that period of time he/she will receive full vacation pay.
G.
Termination of employment. Upon termination of employment for any reason (including death), an employee (or his estate, as the case may be) will receive pay in lieu of any untaken vacation for which the employee is or was eligible in that calendar year.
H.
Vacation allowances: Vacation allowances are determined by the length of service completed from the hire date of the full-time employee. The Borough Administrator may create an exception to this policy.
[Amended 3-8-2016 by Ord. No. 8-16]
Length of Service to January 1 | Work Weeks of Vacation As Accrued |
|---|---|
6 months but less than 1 year | 1 |
1 year but less than 5 years | 2 |
5 years but less than 15 years | 3 |
15 years but less than 25 years | 4 |
25 years and over | 5 |
A.
Length of service shall be measured from date of hire.
B.
Periods of authorized absence with pay shall be included.
C.
All military leave and sick leave shall be included.
D.
Leaves of absence in excess of one month shall not be included.
E.
If an employee is separated because of reduction of force and is reemployed within one year of date of separation, his accumulated total number of sick leave days shall be reinstated for the period prior to his separation.
F.
If an employee shall terminate his employment and shall thereafter be reemployed by the Borough, he will not receive credit for any prior service years.
A.
In case of death of a member of the immediate family of any employee, emergency leave with pay of a maximum of four days may be granted.
B.
For the purpose of this policy, a member of the employee's immediate family shall be defined to include wife, husband, child, father, mother, brother, sister, mother-in-law, father-in-law, grandmother and grandfather.
C.
In case of serious illness of a member of the employee's immediate family, emergency leave with pay of a maximum of two days may be granted by the department head.
D.
Any action of the department head granting or denying such leave shall be subject to review by the Borough Administrator and Mayor and Council.
E.
The aforesaid maximum periods of emergency leave may be extended for good cause, but only by the Borough Administrator and Mayor and Council, either with or without pay.
[Amended 3-27-2024 by Ord. No. 4-24]
A.
Sick leave available to permanent employees depends on the length of service to be accumulated as follows:
If Service is: | Maximum Amount is: |
|---|---|
3 months but less than one year | 5 working days |
1 year but less than 2 years | 10 working days |
2 years but less than 3 years | 15 working days |
3 years or more | 22 working days |
B.
The above sick-time schedule shall accrue on the first day of the year. For purposes of this section, the term "year" shall be defined according to the anniversary of the employee's start date.
C.
Carry-over of sick time. Unused sick leave shall accumulate from one year to the next until the time of the employee's retirement. The maximum days an employee can carry of sick time is 180 days. At no point will employees be paid for any unused accumulated sick time.
D.
Permissible use of sick time. Sick time is intended for the following uses:
(1)
Personal illness or injury of the employee or the employee's family member.
(2)
For medical care for a personal illness or injury of the employee or the employee's family member.
(3)
Exposure to contagious disease.
(4)
Care, for a reasonable period of time, of a seriously ill member of the employee's immediate family; immediate family shall be defined as an employee's spouse, domestic partner, child, legal ward, grandchild, foster child, father, mother, legal guardian, grandfather, grandmother, brother, sister, father-in-law, mother-in-law, and other relatives residing in the employee's household.
(5)
Death in the employee's immediate family, for a reasonable period of time.
(6)
By an employee with a disability for absences related to the acquisition or use of an aid for the disability when the aid is necessary to function on the job. In such cases, reasonable proof may be required by the Borough.
E.
Reporting sick time. Employees needing to utilize a sick day shall contact the department head (or his designee) at least 30 minutes prior to the scheduled start of the work day. Upon request, employees shall be required to produce verification to substantiate the need for and the appropriate use of sick time. Such shall consist of a note from a heathcare professional attesting to the existence of the employee's or his or her family member's illness or injury and/or the employee's fitness to return to work to their department head. Such note shall not include details regarding the employee or his or her family member's actual illness.
F.
Employees who must take five or more consecutive sick days may be eligible for benefits under New Jersey State Disability Benefits or the Workers' Compensation Policy and should contact the Chief Administrative Officer and/or human resources official. Such absence may also qualify for leave pursuant to federal, state or local law. If you have questions as to whether your illness or injury or that of your family member may qualify you for any such leaves, please contact the human resources official.
G.
Advancement of accrued paid time prohibited. Employees may carry accrued time forward as set forth above. At the discretion of the Borough Administrator, an employee may borrow time from a future year when that employee has exhausted all sick time of that current year.
H.
No accrual of sick during certain absences. Employees may not accrue sick days during unpaid leaves of absence or other periods of inactive service unless required by law. Sick days shall not accrue during suspension but shall continue to accrue during a voluntary furlough or furlough extension leave. Sick leave credits shall not accrue after an employee has resigned or retired, although his or her name is being retained on the payroll until exhaustion of vacation or other compensatory leave.
NOTE: The below policy is applicable only to those employees who do not receive sick time pursuant to civil service laws or regulations, or pursuant to any other law, rule, or regulation of this state, to the extent required by the New Jersey Earned Sick Leave Law.[1]
[1]
Editor's Note: See N.J.S.A. 34:11D-1 et. seq.
I.
For every 30 hours worked, an employee shall accrue one hour of sick leave. An employee may accrue or use in any year, or carry forward from one year to the next, no more than 40 hours of earned sick leave.
J.
Usage of sick time.
(1)
The Borough permits an employee, pursuant to N.J.S.A. 34:11D-3(a), to use the earned sick leave accrued for any of the following instances:
(a)
Time needed for diagnosis, care, or treatment of, or recovery from, the employee's own mental or physical illness, injury or other adverse health condition, or for preventive medical care for the employee;
(b)
To aid or care for a family member during diagnosis, care, or treatment of, or recovery from, the family member's mental or physical illness, injury or other adverse health condition, or during preventive medical care for the family member;
(c)
If an employee or a family member are a victim of domestic or sexual violence, and are obtaining services from a designated domestic violence agency or other victim services organization, medical attention, legal services, counseling, or are relocating due to the domestic or sexual violence;
(d)
Closure of an employee's workplace, or of the school or place of care of an employee's child, due to an epidemic or public health emergency, or because of the issuance by a public health authority of a determination that the presence of the employee or their family member in the community would jeopardize the health of others;
(e)
During a state of emergency declared by the Governor, or upon the recommendation, direction, or order of a healthcare provider or the Commissioner of Health or other authorized public official, the employee undergoes isolation or quarantine, or cares for a family member in quarantine, as a result of suspected exposure to a communicable disease and a finding by the provider or authority that the presence in the community of the employee or family member would jeopardize the health of others; or
(f)
If an employee needs to attend a school-related conference, meeting, function or other event requested or required by an administrator, teacher, or other professional school staff member responsible for the education of the employee's child, or to attend a meeting regarding care provided to the child in connection with the child's health conditions or disability.
(2)
In regard to the above, the Borough requires three days' notice for any foreseeable use of leave. If the use of leave is unforeseeable, the employee should notify the Borough as soon as practicable of their need to use same.
(3)
In general, should an employee need to use three or more consecutive days of leave, said employee must provide the Borough with reasonable documentation that the leave is being taken for one of the purposes permitted above. Reasonable documentation shall be as defined in N.J.S.A. 34:11D-3b. However, when an employee needs to use a sick day the day before or after a Borough-approved holiday, the employee must provide the Borough with reasonable documentation, as defined in N.J.S.A. 34:11D-3b, that the leave is being taken in accordance with the above policy.
K.
Employees covered under a collective bargaining agreement. The employment details set out in this policy work in conjunction with, and do not replace, amend or supplement any terms or conditions of employment stated in any collective bargaining agreement that a union has with the Borough. Wherever employment details in this policy differ from the terms expressed in a collective bargaining agreement with the Borough, the specific terms of the collective bargaining agreement will control.
[Amended 4-14-1998 by Ord. No. 5-98; 6-5-2008 by Ord. No. 15-08]
The Borough management grants time off with pay to employees and identifies the absence as excused time under the following circumstances only:
A.
Time necessary for involuntary participation in governmental proceedings such as jury duty, draft board examinations, Workmen's Compensation Board hearings or appearing in court as a subpoenaed witness in connection with the employee's official duties with the Borough
B.
Time necessary for voting. Any eligible employee who desires to vote in a general election, primary election, special election or local election in the community where he resides, and who is required to work on the day of such election and whose hours of work are such that it will be difficult or impossible for him to vote, shall be granted two hours of excused time off to vote. Such time off shall be allowed only at the beginning or end of the employee's tour of duty as designated by his supervisor. However, any employee who has four or more consecutive hours before or after his working hours during which polls are open will be considered to have sufficient time to vote outside of his working hours and will not, therefore, be granted excused time.
C.
Time for donating to the Community Blood Bank. Any employee who donates blood to the blood bank during his normal work schedule is granted the rest of that working day off as excused time. Any employee who donates blood outside his normal work schedule is granted three hours of excused time, to be taken at a time mutually convenient to the employee and his supervisor.
D.
One day in connection with wedding or civil union of the employee.
E.
One day in connection with the birth of a child in the employee's immediate family.
F.
One day when the employee who is head of household moves his/her family from one permanent residence to another.
G.
Illness of spouse or civil union partner when preschool or disabled child needs care, or illness of minor (pre-high school) child when the employee is the only adult in the household responsible for the minor child's care (limited to a total of two paid days off per calendar year).
H.
When early termination of workday for employees is announced by the Mayor.
I.
Special individual situations as recommended by the department head or Borough Administrator.
[Amended 4-14-1998 by Ord. No. 5-98; 6-5-2008 by Ord. No. 15-08; 5-13-2014 by Ord. No. 4-14; 3-27-2024 by Ord. No. 4-24; 12-11-2024 by Ord. No. 17-24]
A.
Family and medical leave.
(1)
In accordance with the federal Family and Medical Leave Act ("FMLA"),[1] the Borough of Maywood ("the Borough") provides eligible employees with up to 12 weeks of unpaid medical and family leave during any twelve-month period and up to 26 workweeks to care for a covered servicemember. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or an equivalent position. The following outlines employees' rights and obligations under the FMLA and the Borough's policies implementing the FMLA.
[1]
Editor's Note: See 29 U.S.C.A. § 2601 et. seq.
(2)
Leave available.
(a)
Eligible employees may take up to a total of 12 weeks of unpaid leave during any twelve-month period for any one or more of the following reasons:
[1]
The birth, adoption or placement for foster care of the son or daughter of an employee, and to care for such child;
[2]
A serious health condition of a spouse, son, daughter or parent of an employee if the employee is needed to care for such family member; or
[3]
A serious health condition of an employee that makes an employee unable to work. Generally, the incapacity must result in the employee's inability to work for more than three consecutive days (although there are certain exceptions to this rule);
[4]
Any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is a member of the Regular Armed forces, National Guard or Reserves on active duty status during the deployment to a foreign country, and or has been notified of an impending call to active duty status as such in support of a contingency operation.
(b)
In addition, eligible employees who are either spouse, son, daughter, parent or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of unpaid leave during a single twelve-month period to care for the covered servicemember. During this single twelve-month period, an eligible employee who qualifies for leave to provide care for the covered servicemember shall be entitled to no more than a combined total of 26 workweeks of leave.
(3) COVERED SERVICEMEMBER ELIGIBLE EMPLOYEE NEXT OF KIN QUALIFYING EXIGENCY SERIOUS HEALTH CONDITION SERIOUS INJURY OR ILLNESS
Definitions.
A member of the Armed Forces, including a member of the National Guard or Reserves, or a recent veteran who has been discharged, other than dishonorably, within the five years preceding the family member's initial request for leave, who has a serious injury or illness who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
An individual who has been employed by the Borough for at least 12 months, has worked at least 1,250 hours during the preceding twelve-month period, and is employed at a work site with at least 50 employees within 75 miles of that work site.
The nearest blood relative of the individual.
Covers a number of broad categories of reasons and activities, including short-notice deployment to a foreign country, military events and related activities, child-care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities agreed to by the employer and the employee.
An illness, injury, impairment or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. It generally includes a period of incapacity due to pregnancy, prenatal care, a chronic health condition, a permanent or long-term health condition, or restorative or preventive treatment.
An injury or illness incurred by a covered servicemember in the line of duty or on active duty in the Armed Forces, National Guard or Reserves, incurred in the line of duty on active duty or whose preexisting condition has been aggravated by his/her active duty service, that may render the servicemember medically unfit to perform the duties of the member's office, grade, rank or rating.
(4)
Eligibility.
(a)
Any employee who has been employed by the Borough for 12 months or more and worked 1,250 hours or more in the twelve-month period preceding the first day of the requested leave may be eligible for an unpaid leave of absence of up to 12 weeks during any twelve-month period.
(b)
The twelve-month period shall be determined by using a rolling twelve-month period that commences with the first day of leave taken.
(c)
Leave to care for a child after birth, adoption, or foster care must conclude within 12 months of the child's birth or placement. If both spouses work for the Borough, they may only take a total of 12 weeks between them during the twelve-month period in order to care for a child after birth, adoption, or foster care or to care for a parent with a serious health condition and a combined 26 weeks in a single twelve-month period for military caregiver leave or a combination of military caregiver leave and other FMLA qualifying reasons. Each spouse may be entitled to additional leave for other qualifying reasons under the FMLA, such as the employee's own illness or for the serious illness of the employee's child.
(5)
Notice. When the leave is foreseeable, at least 30 days' advance notice to the Borough, in writing, is required. If 30 days' notice cannot be provided, as much notice as is practical should be provided. Failure to give reasonable notice may delay the availability of the leave.
(6)
Certification.
(a)
Where leave is taken to care for a family member with a serious health condition or because of the employee's own serious health condition, medical certification is required and periodic recertification may be required. In addition, where the leave is taken because of the employee's own serious health condition, a certification of fitness to return to work will be required.
(b)
The Borough, at its expense, may require an examination by a second healthcare provider designated by the Borough. If the second healthcare provider's opinion conflicts with the original medical certification, the Borough, at its expense, may require a third, mutually agreeable, healthcare provider to conduct an examination and provide a final and binding opinion.
(c)
For military exigency leave, an employee may be required to provide certification that the covered military member is a member of the regular Armed Forces, National Guard or Reserves who is on active duty or called to active duty in support of a contingency operation, as well as certification from the employee about the nature and details of the specific exigency, the amount of leave needed, and the employee's relationship to the military member. For military caregiver leave, the employee may be required to provide information from the healthcare provider and employee and/or covered servicemember to support such leave.
(d)
Absent unusual circumstances, medical certifications must be provided within 15 days. The Borough will also require periodic status reports from employees concerning their intended return date.
(e)
Failure to provide requested documentation may result in denial of leave. The Borough may attempt to clarify or authenticate the certification or may require additional certifications to support the need for leave. When leave is taken to care for a family member, the Borough may require the employee to provide documentation or a statement of family relationship (e.g., birth certificate or court document) and proof of the need to care for the family member.
(7)
Utilization of paid leave.
(a)
Generally, FMLA leave is unpaid. However, depending upon the circumstances, employees may be entitled to receive short-term disability, workers' compensation benefits, paid family leave benefits, or other state-sponsored wage replacement benefits which pay a portion of normal compensation. These benefits will run concurrently with the employee's unpaid leave. An employee who is eligible for these benefits may also choose to use accumulated paid leave during their approved unpaid leave. Employees may not receive more than 100% of salary at any time.
(b)
An employee will be required to use any available accumulated paid leave concurrently with the employee's FMLA leave if the employee requested FMLA leave:
(c)
If the employee is out on FMLA leave for any other qualified reason other than for a serious health condition, the employee will only be required to use available accumulated paid vacation, personal, or family leave concurrently with the employee's FMLA leave. However, an employee is not required to use accumulated paid sick leave.
(8)
Coordination with other leave policies. The period of time attributable to the employee's absence due to any workers' compensation, disability, or sick leave will be counted against available leave under this policy to the extent permitted by law. In the event that additional family, medical or sick leave is available pursuant to state laws, this leave will also run concurrently with FMLA leave to the extent permitted by law.
(9)
Intermittent leave. When medically necessary, leave taken because of a serious health condition of an employee or family member or to care for a covered servicemember may be taken on an intermittent or reduced work schedule basis. The employee and employer shall attempt to work out a schedule for such leave that meets the employee's needs without unduly disrupting the employer's operations, subject to the approval of the employee's healthcare provider. The Borough may require an employee taking intermittent or reduced work schedule leave to transfer temporarily to an alternative position with equivalent pay and benefits that is better suited to the leave schedule.
(10)
Employment and benefits protection.
(a)
During the leave, health benefits will continue for up to 12 weeks in each rolling twelve-month period under the same conditions as if the employee continued to work. Employees must, however, pay the same amount for any benefits continued as they do prior to the leave. Other benefits, if any, will continue during the leave under the same conditions as if the employee continued to work.
(b)
If paid leave is substituted for unpaid FMLA leave, the Borough will deduct the employee's portion of the health plan premium as a regular payroll deduction. If the employee's FMLA leave is unpaid, the employee must pay his/her portion of the premium in accordance with a payment method that is devised and mutually agreed upon between the employee and the Borough.
(c)
Employees should consult with their department head and human resources official prior to taking an approved leave. If you fail to return to work after your FMLA leave for any reason except for circumstances beyond your control, you must pay back all unpaid health insurance premiums. With regard to the employee's contribution portion of his/her health benefits pursuant to Chapter 78, P.L. 2011 and any voluntary supplemental benefits that the employee may have, the employee is solely responsible for making payment arrangements with the Borough or, for any voluntary benefits, to the respective insurance company. Your healthcare coverage may cease if your premium payment is more than 30 days late. With regard to any pension contribution that you may have, you must contact the human resources official to make payment arrangements concerning contributions or credits paid toward your pension benefits. If you fail to return to work after your FMLA leave for any reason except for circumstances beyond your control, you must pay back all unpaid health insurance premiums.
(d)
Before returning to work following a medical leave (except for intermittent or reduced schedule leave) due to the employee's own serious health condition, the employee will be required to present a fitness for duty certification from his/her healthcare provider that he/she is medically able to resume work. If the date on which the employee is scheduled to return to work from FMLA leave changes, the employee is required to give notice of the change, if foreseeable, to the Borough within two business days of the change.
(e)
Subject to some exceptions, most employees will be returned to the position they left or to a position equivalent in pay, benefits and other terms of employment. Individuals identified as "key employees" (the highest-paid 10% of salaried employees at the work site or within a seventy-five-mile radius of that work site) at the beginning of their leave may not be returned to their former or equivalent position if restoration will cause substantial economic injury to the Borough. Employees will be informed of their key employee status at the beginning of the leave period.
(f)
A failure to return from FMLA leave for reasons other than the employee's own serious health condition may result in termination of employment. In the event that an employee cannot return to work at the end of FMLA leave due to a continuation of his/her own serious health condition, they must contact the Borough before the expiration of the leave to discuss their options under state and federal law. State leave laws may provide additional leave similar to that provided under the FMLA. The Borough will comply with these state law provisions to the extent they provide for more generous benefits. State leave law benefits will run concurrently with FMLA benefits to the extent permitted by law.
(11)
Family temporary disability. During a period of unpaid leave to care for a family member with a serious health condition or a newborn or adopted child or child placed into foster care with the employee, the employee may be eligible for up to 12 weeks of family leave insurance ("FLI") payments through the state in a twelve-month period. FLI is a monetary benefit paid by the state and not a separate leave entitlement, and will thus run concurrently with FMLA and/or NJFLA leaves.
B.
Convention leave.
(1)
Employees shall submit requests in writing, no later than 60 days prior to the date for the convention leave, to the Administrator for approval.
(2)
Any employee who is a duly authorized representative of any of the organizations listed in N.J.S.A. 38:23-2, and any amendment thereto, shall be granted a leave of absence with pay for an aggregate period not to exceed five days in any calendar year for the purpose of traveling to and from and attending any state or national convention of the organizations listed in the aforesaid statute.
C.
New Jersey family leave.
(2)
Eligible employees. To be eligible for NJFLA leave, an employee must have worked at least 12 months for the Borough and have worked at least 1,000 hours for the Borough over the previous 12 months.
(3)
Qualifying reasons for leave.
(a)
An employee may take NJFLA leave to care for:
[1]
A newly born or adopted child or a child placed into foster care with the employee, but the leave must start within 12 months of the birth of the child or the placement of the child.
[2]
A family member (sibling, grandparent, grandchild, child, spouse, domestic partner, civil union partner, parent-in-law, or parent of a covered individual, or any other individual related by blood to the employee, and any other individual that the employee shows to have a close association with the employee which is the equivalent of a family relationship) with a serious health condition.
[3]
In the event of a state of emergency declared by the Governor, or when indicated to be needed by the Commissioner of Health or other public health authority, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease, which:
[a]
Requires in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency;
[b]
Prompts the issuance by a public health authority of a determination, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee would jeopardize the health of others; or
[c]
Results in the recommendation of a healthcare provider or public health authority that a family member in need of care by the employee voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee would jeopardize the health of others.
(b)
Leave taken to care for a newly born or adopted child or a child placed into foster care with the employee may be consecutive or intermittent and must begin by the end of the twelve-month period after the birth or placement for adoption or foster care.
(4)
Leave benefits.
(a)
An employee may take up to a maximum of 12 weeks of NJFLA leave in a twenty-four-month period, which is measured as a rolling twenty-four-month period that commences with the first day of NJFLA leave taken.
(c)
Employees permitted to take intermittent or reduced-schedule leave must try to schedule their leave so that it will not unduly disrupt the Borough's operations. The total time within which an intermittent leave is taken may not exceed a twelve-month period, if such leave is taken in connection with a single serious health condition.
(d)
Intermittent leaves taken in connection with more than one serious health condition episode must be taken within a consecutive twenty-four-month period, or until such time as the employee's twelve-week family leave entitlement is exhausted, whichever is shorter. An employee taking a family leave on a reduced leave schedule shall not be entitled to such leave for more than a consecutive twenty-four-week period. An eligible employee shall be entitled to only one leave on a reduced leave schedule during any consecutive twenty-four-month period. Any remaining family leave to which the employee is entitled subsequent to the expiration of a leave taken on a reduced leave schedule may be taken on a consecutive or intermittent basis.
(e)
Depending on the purpose of the employee's leave, the employee may be required to or may choose to use accrued paid leave, concurrently with some or all of his/her NJFLA leave. The employee will not be eligible to accrue seniority or benefits, including vacation and holidays, during any period of NJFLA leave. The Borough will notify employees of their options to continue to participate in our group health plans during NJFLA leave.
(5)
Required notice and certifications.
(a)
When requesting NJFLA leave, an employee must provide the Borough 30 days' advance written notice. For employees requesting leave on an intermittent basis, at least 15 days' advance written notice must be provided. If advance written notice is not possible because of an emergency, the employee must provide the Borough with reasonable oral notice and then follow up with written notice.
(b)
The employee also must give the Borough a medical certification supporting the need for leave. The Borough reserves the right to require second or third medical opinions and periodic recertifications. The employee must also provide periodic reports during his/her leave regarding the employee's status and intent to return to work as deemed appropriate by the Borough. If an employee fails to provide the required documentation, the Borough may delay the start of the employee's NJFLA leave, withdraw any designation of NJFLA leave or deny the leave, in which case the employee's absences will be treated in accordance with the Borough's standard leave of absence and attendance policies and the employee may be subject to discipline up to and including termination of employment.
(c)
If an employee provides false or misleading information or omits material information about an NJFLA leave, the employee will be subject to discipline up to and including immediate termination of employment.
(6)
Benefits protection.
(a)
During a family leave of absence, the employee's health benefits will be maintained under the same conditions as if the employee continued to work. If the employee decides to return to work when his/her family leave of absence ends, the employee may be reinstated to the same or equivalent job with the same pay, benefits, and terms and conditions of employment. If the employee decides not to return to work when the family leave of absence ends, the employee may be required to reimburse the Borough for the health insurance premiums paid on his/her behalf during the leave of absence (except if the failure to return to work was caused by the continuation, recurrence, or onset of a serious health condition which would entitle the employee to a leave of absence under the law or other circumstances beyond the employee's control).
(b)
With regard to any pension contributions, the employee must contact the human resources official to make payment arrangements concerning contributions or credits paid toward his/her pension benefits. Employees should consult with the Borough prior to taking an approved leave.
(7)
Returning to work after NJFLA leave. On returning to work after NJFLA leave, eligible employees will typically be restored to their original job or to an equivalent job with equivalent pay, benefits and other employment terms and conditions. Any employee who fails to return to work as scheduled after NJFLA leave or exceeds the twelve-week NJFLA entitlement will be subject to the Borough's standard leave of absence and attendance policies. This may result in termination if the employee's continued absence is unauthorized (for example, if the employee has no other Borough-provided leave available to him/her).
(8)
Retaliation prohibited. The Borough and the NJFLA prohibit the interference with, restraint of or denial of any right provided under the NJFLA and/or discharge or discrimination against any person for opposing any practice made unlawful by the NJFLA or for involvement in any proceeding under or relating to the NJFLA. The Borough encourages employees to bring any concerns or complaints about retaliation or compliance with the NJFLA to the attention of the human resources official.
(9)
New Jersey family leave insurance.
(a)
During a period of unpaid leave to care for a family member with a serious health condition or a newborn or adopted child or child placed into foster care with the employee, the employee may be eligible for up to 12 weeks of family leave insurance ("FLI") payments through the state in a twelve-month period. FLI is a monetary benefit paid by the state and not a separate leave entitlement, and will thus run concurrently with FMLA and/or NJFLA leaves.
(b)
An employee's job is not protected while receiving FLI benefits, unless the employee is eligible for leave under the FMLA, NJFLA, or is otherwise designated for an approved family leave of absence.
(c)
Employees must provide the Borough with advance notice of need for leave, as follows:
[1]
At least 30 days before leave to bond with a newborn or newly adopted child, unless the time of the leave is unforeseeable or the time of the leave changes for unforeseeable reasons.
[2]
In a reasonable and practicable manner for leave to care for a seriously ill family member on a continuous, nonintermittent basis, unless an emergency or other unforeseen circumstance precludes advance notice.
[3]
At least 15 days before leave to care for a seriously ill family member or leave to bond with a newborn or newly adopted child on an intermittent basis unless an emergency or other unforeseen circumstance precludes advance notice.
D.
Military service leave policy.
(1)
The Borough of Maywood (the "Borough") provides military leave in accordance with applicable state and federal law. In all cases involving military leave, the employee must, as soon as possible, provide his or her department head with a certificate verifying the call to military duty prior to beginning the military leave.
(2)
Organized militia.
(a)
Any permanent or full-time temporary officer or employee, who is a member of the organized reserve of the Army of the United States, United States Naval Reserve, United States Air Force Reserve or United States Marine Corps Reserve, or other affiliated organization, including the National Guard of other states, shall be entitled to a leave of absence without loss of pay or time on all work days on which he or she is engaged in any period of federal active duty, up to 30 work days in any calendar year. A military leave of absence is in addition to the employee's regular vacation or other accrued leave.
(b)
Any leave of absence for such duty in excess of 30 work days will be without pay but without loss of time. A full-time temporary officer or employee who has served under such temporary appointment for less than one year will receive military leave without pay but without loss of time.
(c)
Employees on military service will also continue to receive paid health insurance coverage during the period of the paid leave plus an additional 30 calendar days after the paid leave is exhausted. After this period has expired, employees may continue coverage for themselves or their dependents under the (local unit type) group plan by taking advantage of the COBRA provision. Members of the state-administered retirement systems (PERS and PFRS) will continue accruing service and salary credit in the system during the period of paid leave.
(3)
New Jersey organized militia.
(a)
New Jersey's organized militia consists of the National Guard (Army and Air), the Naval Militia, and the State Guard. Any permanent or full-time officer or employee who is a member of the New Jersey organized militia shall be entitled, in addition to pay received, if any, as a member of the organized militia, to a leave of absence without loss of pay or time on all days during which he or she shall be engaged in state or federal active duty, up to 90 work days in any calendar year.
(b)
Any leave of absence for such duty in excess of 90 work days will be without pay but without loss of time. A full-time temporary officer or employee who has served under such temporary appointment for less than one year will receive military leave without pay but without loss of time.
(4)
Reinstatement.
(a)
To be reinstated by the Borough without loss of privileges or seniority, the employee must report for duty with the Borough within the time required by law following release from active duty under honorable circumstances.
(b)
In accordance with legal requirement, employees who take military leave are required to:
(d)
Pursuant to the Uniformed Services Employment and Reemployment Rights Act, any employee released from active duty under honorable circumstances shall return to work without loss of privileges or seniority within the following time limits: for service less than 31 calendar days, the employee must return to work on the beginning of the first regularly scheduled workday or eight hours after the end of military duty, with reasonable allowances for commuting; for service of 31 to 180 calendar days, the employee must submit an application for reinstatement within 14 calendar days after completing military duty; for service greater than 180 calendar days, the employee must submit an application for reinstatement within 90 calendar days after completing military duty.
(e)
On return from a military leave of absence, the employee will be reinstated as required by law. See the Uniformed Services Employment and Reemployment Act ("USERRA"). Failure to comply with the requirement enumerated above or as required by law will jeopardize an employee's reemployment rights.
E.
Domestic violence policy.
(1)
Purpose. The purpose of the State of New Jersey Domestic Violence Policy for Public Employers (herein "policy") is to set forth a uniform domestic violence policy for all public employers to adopt in accordance with N.J.S.A. 11A:2-6a. The purpose of this policy is also to encourage employees who are victims of domestic violence, and those impacted by domestic violence, to seek assistance from their human resources officers and provide a standard for human resources officers to follow when responding to employees.
(2) ABUSER/PERPETRATOR DOMESTIC VIOLENCE HUMAN RESOURCES OFFICER (HRO) INTIMATE PARTNER TEMPORARY RESTRAINING ORDER (TRO) VICTIM WORKPLACE-RELATED INCIDENTS
Definitions. The following terms are defined solely for the purpose of this policy:
An individual who commits or threatens to commit an act of domestic violence, including unwarranted violence against individuals and animals. Other abusive behaviors and forms of violence can include the following: bullying, humiliating, isolating, intimidating, harassing, stalking, or threatening the victim, disturbing someone's peace, or destroying someone's property.
Acts or threatened acts that are used by a perpetrator to gain power and control over a current or former spouse, family member, household member, intimate partner, someone the perpetrator dated, or person with whom the perpetrator shares a child in common or anticipates having a child in common if one of the parties is pregnant. Domestic violence includes, but is not limited to, the following: physical violence; injury; intimidation; sexual violence or abuse; emotional and/or psychological intimidation; verbal abuse; threats; harassment; cyber harassment; stalking; economic abuse or control; damaging property to intimidate or attempt to control the behavior of a person in a relationship with the perpetrator; strangulation; or abuse of animals or pets.
An employee of a public employer with a human resources job title, or its equivalent, who is responsible for orienting, training, counseling, and appraising staff. Persons designated by the employer as the primary or secondary contact to assist employees in reporting domestic violence incidents.
Partners of any sexual orientation or preference who have been legally married or formerly married to one another, have a child or children in common, or anticipate having a child in common if one party is pregnant. "Intimate partner" also includes those who live together or have lived together, as well as persons who are dating or have dated in the past.
A civil court order issued by a judge to protect the life, health or well-being of a victim. TROs can prohibit domestic violence offenders from having contact with victims, either in person or through any means of communication, including third parties. TROs also can prohibit offenders from a victim's home and workplace. A violation of a TRO may be a criminal offense. A TRO will last approximately 10 business days, or until a court holds a hearing to determine if a final restraining order (FRO) is needed. In New Jersey, there is no expiration of an FRO.
A person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member. A victim of domestic violence is also any person, regardless of age, who has been subjected to domestic violence by one of the following actors: a person with whom the victim has a child in common; a person with whom the victim anticipates having a child in common, if one of the parties is pregnant; and a person with whom the victim has had a dating relationship.
Incidents of domestic violence, sexual violence, dating violence, and stalking, including acts, attempted acts, or threatened acts by or against employees, the families of employees, and/or their property, that imperil the safety, well-being, or productivity of any person associated with a public employee in the State of New Jersey, regardless of whether the act occurred in or outside the organization's physical workplace. An employee is considered to be in the workplace while in or using the resources of the employer. This includes, but is not limited to, facilities, work sites, equipment, vehicles, or while on work-related travel.
(3)
Persons covered by this policy. All employees are covered under this policy, including full- and part-time employees, casual/seasonal employees, interns, volunteers and temporary employees at any workplace location.
(4)
Responsibility of employers to designate a human resources officer.
(a)
The Borough hereby designates the following employees as the Primary HRO and Secondary HRO, to assist employees who are victims of domestic violence.
Primary HRO:
Adrian Febre, Borough Administrator
15 Park Avenue, Maywood, NJ 07607
(201) 845-2900 ext. 203
Secondary HRO:
Barbara Dispoto, Borough Clerk
15 Park Avenue, Maywood, NJ 07607
(201) 845-2900 ext. 201
(b)
The designated Primary and Secondary HRO shall receive training on responding to and assisting employees who are domestic violence victims in accordance with this policy.
(c)
Managers and supervisors are often aware of circumstances involving an employee who is experiencing domestic violence. Managers and supervisors are required to refer any employee who is experiencing domestic violence or who report witnessing domestic violence to the designated HRO. Managers and supervisors must maintain confidentiality, to the extent possible, and be sensitive, compassionate, and respectful to the needs of persons who are victims of domestic violence.
(d)
The name and contact information of the designated HRO will be provided to all employees.
(e)
This policy does not supersede applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General directives and guidelines that impose a duty to report. For example, if there is any indication a child may also be a victim, reporting is mandatory to the Department of Children and Families, Child Protection and Permanency, under N.J.S.A. 9:6-8.13.
(5)
Domestic violence reporting procedures.
(a)
Employees who are victims of domestic violence are encouraged to seek immediate assistance from their HRO. Employees who have information about or witness an act of domestic violence against an employee are encouraged to report that information to the designated HRO, unless the employee is required to report the domestic violence pursuant to applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General directives and guidelines that impose a duty to report, in which case the employee must so report to the appropriate authority in addition to reporting to the designated HRO. Nothing in this policy shall preclude an employee from contacting 911 in emergency situations. Indeed, HROs shall remind employees to contact 911 if they feel they are in immediate danger.
(b)
Each designated HRO shall:
[1]
Immediately respond to an employee upon request and provide a safe and confidential location to allow the employee to discuss the circumstances surrounding the domestic violence incident and the request for assistance.
[2]
Determine whether there is an imminent and emergent need to contact 911 and/or local law enforcement.
[3]
Provide the employee with resource information and a confidential telephone line to make necessary calls for services for emergent intervention and supportive services, when appropriate. The HRO or the employee can contact the appropriate Employee Assistance Program to assist with securing resources and confidential services.
[4]
Refer the employee to the provisions and protections of the New Jersey Security and Financial Empowerment Act, N.J.S.A. 34:11C-1 et seq. (NJ SAFE Act), referenced in this policy.
[5]
If there is a report of sexual assault or abuse, the victim should be offered the services of the Sexual Assault Response Team, contact the Chief of Police.
[6]
Maintain the confidentiality of the employee and all parties involved, to the extent practical and appropriate under the circumstances, pursuant to this policy.
[7]
Upon the employee's consent, the employee may provide the HRO with copies of any TROs, FROs, and/or civil restraint agreements that pertain to restraints in the work place and ensure that security personnel are aware of the names of individuals who are prohibited from appearing at the work location while the employee who sought the restraining order is present. All copies of TROs and FROs shall be maintained in a separate confidential personnel file.
(6)
Confidentiality policy.
(a)
In responding to reports of domestic violence, the HRO shall seek to maintain confidentiality to protect an employee making a report of, witnessing, or experiencing domestic violence, to the extent practical and appropriate under the circumstances and allowed by law. Thus, this policy does not supersede applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General directives and guidelines that impose a duty to report.
(b)
This confidentiality policy shall not prevent disclosure where to do so would result in physical harm to any person or jeopardize safety within the workplace. When information must be disclosed to protect the safety of individuals in the workplace, the HRO shall limit the breadth and content of such disclosure to information reasonably necessary to protect the safety of the disclosing employee and others and comply with the law. The HRO shall provide advance notice to the employee who disclosed information, to the extent possible, if the disclosure must be shared with other parties in order to maintain safety in the workplace or elsewhere. The HRO shall also provide the employee with the name and title of the person to whom they intend to provide the employee's statement and shall explain the necessity and purpose regarding the disclosure. For example, if the substance of the disclosure presents a threat to employees, then law enforcement will be alerted immediately.
(c)
This policy does not supersede applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General directives and guidelines where mandatory reporting is required by the appointing authority or a specific class of employees.
(7)
Confidentiality of employee records. To ensure confidentiality and accuracy of information, this policy requires the HRO to keep all documents and reports of domestic violence in a confidential personnel file separate from the employee's other personnel records. These records shall be considered personnel records and shall not be government records available for public access under the Open Public Records Act. See N.J.S.A. 47:1A-10.
(8)
The New Jersey Security and Financial Empowerment Act.
(a)
The New Jersey Security and Financial Empowerment Act, N.J.S.A. 34:11C-1 et seq. (NJ SAFE Act), is a law that provides employment protection for victims of domestic or sexual violence.
(b)
The NJSAFE Act allows a maximum of 20 days of unpaid leave in one twelve-month period, to be used within 12 months following any act of domestic or sexual violence. To be eligible, the employee must have worked at least 1,000 hours during the twelve-month period immediately before the act of domestic or sexual violence. Further, the employee must have worked for an employer in the state that employs 25 or more employees for each working day during 20 or more calendar weeks in the current or immediately preceding calendar year. This leave can be taken intermittently in days, but not hours.
(c)
Leave under the NJ SAFE Act may be taken by an employee who is a victim of domestic violence, as that term is defined in N.J.S.A. 2C:25-19. Leave may also be taken by an employee whose child, parent, spouse, domestic partner, civil union partner, or other relationships as defined in applicable statutes is a victim of domestic or sexual violence.
(d)
Leave under the NJ SAFE Act may be taken for the purpose of engaging in any of the following activities, for themselves, or a child, parent, spouse, domestic partner, or civil union partner, as they relate to an incident of domestic or sexual violence:
[1]
Seeking medical attention;
[2]
Obtaining services from a victim services organization;
[3]
Obtaining psychological or other counseling;
[4]
Participating in safety planning, temporarily or permanently relocating, or taking other actions to increase safety;
[5]
Seeking legal assistance or remedies to ensure health and safety of the victim; or
[6]
Attending, participating in, or preparing for a criminal or civil court proceeding relating to an incident of domestic or sexual violence.
(9)
Public employer domestic violence action plan. The Borough has developed the following action plan to identify, respond to, and correct employee performance issues that are caused by domestic violence, pursuant to N.J.S.A. 11A:2-6a, and in accordance with the following guidelines:
(a)
Designate an HRO with responsibilities pursuant to this policy.
(b)
Recognize that an employee may need an accommodation as the employee may experience temporary difficulty fulfilling job responsibilities.
(c)
Provide reasonable accommodations to ensure the employee's safety. Reasonable accommodations may include, but are not limited to, the following: implementation of safety measures; transfer or reassignment; modified work schedule; change in work telephone number or workstation location; assistance in documenting the violence occurring in the workplace; an implemented safety procedure, or other accommodation approved by the employer.
(d)
Advise the employee of information concerning the NJ SAFE Act; Family and Medical Leave Act (FMLA); or Family Leave Act (FLA); Temporary Disability Insurance (TOI); or Americans with Disabilities Act (ADA);[4] or other reasonable flexible leave options when an employee, or his or her child, parent, spouse, domestic partner, civil union partner, or other relationships as defined in applicable statutes is a victim of domestic violence.
[4]
Editor's Note: See N.J.S.A. 34:11C-1 et. seq., 29 U.S.C.A. § 2601 et. seq., N.J.S.A. 34:11B-1 et. seq., N.J.S.A. 43:21-25 et. seq., and 42 U.S.C.A. § 12101 et. seq., respectively.
(e)
Commit to adherence to the provisions of the NJ SAFE Act, including that the employer will not retaliate against, terminate, or discipline any employee for reporting information about incidents of domestic violence, as defined in this policy, if the victim provides notice to their Human Resources Office of the status or if the Human Resources Office has reason to believe an employee is a victim of domestic violence.
(f)
Advise any employee, who believes he or she has been subjected to adverse action as a result of making a report pursuant to this policy, of the civil right of action under the NJ SAFE Act. And advise any employee to contact their designated Labor Relations Officer, Conscientious Employees Protection Act (CEPA) Officer and/or Equal Employment Opportunity Officer in the event they believe the adverse action is a violation of their collective bargaining agreement, the Conscientious Employees Protection Act or the New Jersey Law Against Discrimination and corresponding policies.[5]
[5]
Editor's Note: See N.J.S.A. 34:19-1 et. seq., and N.J.S.A. 10:5-1 et. seq., respectively.
(g)
Employers, their designated HRO, and employees should familiarize themselves with this policy. This policy shall be provided to all employees upon execution and to all new employees upon hiring. Information and resources about domestic violence are encouraged to be placed in visible areas, such as restrooms, cafeterias, breakrooms, and where other resource information is located.
(10)
Resources. This policy provides an Appendix listing resources and program information readily available to assist victims of domestic violence. These resources should be provided by the designated HRO to any victim of domestic violence at the time of reporting.
(11)
Distribution of policy.
WHO will be responsible for distributing this policy to employees, volunteers, and other employees identified above.
WHO will be responsible for updating this policy at least annually to reflect circumstances changes in the organization.
WHO will be responsible for monitoring the Civil Service Commission and the Division of Local Government Services in the Department of Community Affairs for modifications thereto, to public employers.
(12)
Other applicable requirements. In addition to this policy, the HRO and the public employer's appointing authority must follow all applicable laws, guidelines, standard operating procedures, internal affairs policies, and New Jersey Attorney General directives and guidelines that impose a duty to report. Additionally, to the extent that the procedures set forth in this policy conflict with collective negotiated agreements or with the Family Educational Rights and Privacy Act (FERPA),[6] the provisions of the negotiated agreements and the provisions of FERPA control.
[6]
Editor's Note: See 20 U.S.C.A. § 1232g.
(13)
Policy modification and review.
(a)
A public employer may seek to modify this policy to create additional protocols to protect victims of domestic violence but may not modify in a way that reduces or compromises the safeguards and processes set out in this policy.
(b)
The Civil Service Commission will review and modify this policy periodically and as needed.
(14)
Policy enforceability. The provisions of this policy are intended to be implemented by the Civil Service Commission. These provisions do not create any promises or rights that may be enforced by any persons or entities.
(15)
Policy inquiries and effective date. Any questions concerning the interpretation or implementation of this policy shall be addressed to the Chair/Chief Executive Officer of the Civil Service Commission, or their designee. This policy shall be enforceable upon the HRO's completion of training on this policy.
[Amended 5-25-1999 by Ord. No. 9-99; 3-27-2024 by Ord. No. 4-24]
A.
Paid full-time employees of the Borough, except employees included in bargaining units covered by collective bargaining agreements, shall be entitled to three personal days off with pay per year.
B.
During an employee's first year of service, personal days accrue at the rate of one day per four months of service. After the employee's first year of service, personal days accrue on January 1 of each year.
C.
An employee must apply for personal leave to his/her supervisor, in writing. The employee must apply for it as far in advance as possible, but not less than 72 hours prior to the leave. An employee may take personal leave only if his/her supervisor or designee approves and grants the leave.
D.
Employees must take personal leave in the calendar year in which it is earned. Any unused personal days are forfeited at the end of each calendar year. Any employee who exhausts all of his or her personal leave in any one year shall not be credited with additional paid personal leave until the beginning of the next calendar year. An employee who has resigned, was dismissed or has otherwise been separated from employment will not be paid for any unused personal time.
[Amended 4-14-1998 by Ord. No. 5-98; 5-13-2014 by Ord. No. 4-14; 3-27-2024 by Ord. No. 4-24]
A.
Hours of work of all department units shall be determined by the department head and approved by the Borough Administrator and the Mayor and Council. Each department head shall have the power to alter or extend such hours of work to meet emergency, unusual or unforeseen conditions.
B.
Employees are required to complete time sheets and provide same to their supervisor or utilize any timekeeping mechanism to "clock in" as directed by their supervisor. Accurate and complete time and attendance records will be maintained by each departmental unit of the Borough. The head of the department will certify as to the accuracy of the time and attendance records to the Borough Clerk at the end of each week.
C.
All Borough employees are to be at their assigned posts at the designated starting time, ready for work, as specified by the department head unless on vacation, leave of absence or absence for good cause.
D.
Being punctual and on time is of utmost importance; consequently, any lateness and the reason for it will be noted on the time record. Recurring or chronic lateness will be referred to the department head for appropriate action.
E.
Lunch periods and coffee breaks shall be specified by the department head, making certain that duty stations will be covered during the period. One fifteen-minute break in the morning and one fifteen-minute break in the afternoon will be acceptable. The normal time allowed for lunch for employees in Borough offices is one hour, which shall be taken between 12:00 noon and 2:00 p.m. Tardiness in returning from lunch is not permitted unless authorized in advance by the department head.
F.
Overtime.
(1)
The Borough of Maywood (the "Borough") complies with all applicable federal and state laws with regard to payment of overtime work, including the New Jersey Wage and Hour Law and the federal Fair Labor Standards Act.[1]
[1]
Editor's Note: See N.J.S.A. 34:11-56A et. seq., and 29 U.S.C.A. § 203 et. seq., respectively.
(2)
Under the Fair Labor Standards Act, certain employees in managerial, supervisory, administrative, computer or professional positions are exempt from the provisions of the Act. There are also employees who may be exempt because their compensation exceeds $107,432 per year, depending upon their job duties. The Chief Administrative Officer shall notify all exempt employees of their status under the Act. Exempt employees are not eligible to receive overtime compensation and are required to work the normal workweek and any additional hours needed to fulfill their responsibilities. Time off consideration for large amounts of additional hours may be provided with the Chief Administrative Officer's prior approval and at the sole discretion of the Chief Administrative Officer. Employees working overtime without prior approval will be subject to disciplinary action. Records will be kept of all overtime and filed with the Payroll Clerk weekly.
(3)
Except for managerial executives and other employees specifically exempted by law from the overtime provisions of the Fair Labor Standard Act, employees will be paid at their regular hourly rate for hours worked in excess of the normal workweek up to 40 hours and at the rate of time and one-half for all overtime worked in excess of 40 hours. In computing overtime compensation, the nearest 1/10 of an hour (six-minute interval) shall be the smallest fraction of an hour to be reported.
(4)
For purposes of this section, the following department heads are considered to be managerial executives who are exempt from the overtime provisions: Borough Clerk, Chief of Police, Chief Financial Officer, Construction Code Official, Sanitary Inspector, Borough Administrator, Superintendent of Public Works, Municipal Court Administrator, and any other employee who meets the standards set forth in the applicable state and federal laws and regulations.
(5)
"Comp" time. There shall be no "comp" time accumulated by Borough employees unless approved in advance by the Borough Administrator. Where approved, employees will be granted equal time off in lieu of overtime compensation at such time as it is arranged with and approved by the department heads, depending on the availability of necessary personnel to operate the Borough departments. Supervisors, department heads and other specialists on salary are not eligible for compensation time.
(6)
Request for time off. All employees requesting time off, i.e., vacation, jury duty, etc., must notify the department heads on or before the start of that business day. Department heads must notify the Borough Clerk and/or Borough Administrator of such leave requests.
(7)
When overtime work in excess of 5 1/2 hours is performed by an employee who is called in from off-duty status, sufficient excused time is granted in order to provide a period of four consecutive hours off before the employee starts his next normal tour, for example: if the employee works from 12:00 midnight until 6:00 a.m. and is scheduled to work the 8:00 a.m. to 4:00 p.m. tour, he receives two hours of excused time and starts his tour at 10:00 a.m.
(8)
Only time actually worked is considered for purposes of determining overtime compensation.
A.
The eligible employees of the Borough of Maywood are members of the New Jersey Division of Pensions, which provides a life insurance coverage and a guaranteed life-time pension.
B.
All eligible employees of the Borough are provided retirement benefits through the Public Employees' Retirement System (PERS) which is controlled and managed by the State of New Jersey. PERS members are subject to the rules, procedures and regulations thereto which include but are not limited to eligibility. The various types of retirement, requirements for same, and contributions required are described and elaborated upon in the New Jersey Public Employee Benefit Manual, the PERS website, or available by contacting PERS directly.
[Amended 8-12-2014 by Ord. No. 11-14]
C.
The Borough's group health insurance program is a combination of separate but complimentary insurance plans, which, in total, provide the employee and his family with excellent protection against the unpredictable expense of hospital and doctor bills. Again, for the exact coverages of the health and insurance benefits program, please refer to the health benefits booklet supplied at the time of enrollment.
A.
It is the policy of the Borough of Maywood to provide hospitalization, medical and dental insurance coverage for full-time employees, not otherwise covered in accordance with the provisions of a collective negotiation agreement or an individual employment contract. Effective January 1, 2002, hospitalization, medical and dental insurance plans shall be extended to cover the dependents of full-time employees of the Borough of Maywood not otherwise covered in accordance with the provisions of a collective negotiation agreement or an individual employment contract.
[Amended 10-4-2000 by Ord. No. 16-00; 12-19-2001 by Ord. No. 26-01; 12-16-2010 by Ord. No. 21-10]
B.
Hospitalization is provided through the Bergen Municipal Employees Benefit Fund unless otherwise provided by collective bargaining units.
C.
Dental insurance is provided through the Delta Dental Service Plan, unless otherwise provided by collective bargaining units.
D.
In the event that any present insurance carrier shall refuse to continue to provide such insurance, or in the event that the Borough shall elect to place such coverage with a different insurance carrier, the Borough will attempt to effect a transfer of coverage with no interruption of coverage or loss of benefits to any of its employees. In the event that a change in coverage shall take place because the Borough elects to change insurance carriers and, if for that reason an employee or a member of his immediate family shall be denied benefits, then the Borough will reimburse the employee in the amount that he would have been paid under the preexisting insurance program; provided, however, this obligation of the Borough shall not apply if the change in coverage is caused by any reason other than the voluntary election of the Borough to change insurance carriers.
[Amended 4-14-1998 by Ord. No. 5-98]
E.
The Borough of Maywood reserves the right to modify, add or delete insurance coverage, and nothing contained herein shall be deemed to constitute an agreement to maintain such insurance coverage.
F.
Except for those employees covered under a collective negotiation agreement, unless such agreement incorporates the provisions hereof, any employee of the Borough of Maywood entitled to receive health care coverage during their employment who shall agree in writing to "opt out" of health care coverage, including medical, hospitalization, prescription, vision and dental, from the Borough of Maywood shall be entitled to receive, in lieu of any health care coverage for such employee or their dependents from the Borough of Maywood, an annual stipend in the sum of $5,000, prorated monthly and payable in equal monthly installments at the end of the month, for each full month during which such employee elects to opt out of such medical coverage.
[Added 10-1-2009 by Ord. No. 18-09; amended 12-16-2010 by Ord. No. 21-10]
[1]
Editor's Note: Former § 52-57, Longevity, was repealed 3-12-2019 by Ord. No. 2-19.