[Amended 12-5-1977 by Ord. No. 77-46; 5-21-1979 by Ord. No. 79-15; 7-7-1980 by Ord. No. 80-22; 6-1-1981 by Ord. No. 81-15; 10-19-1981 by Ord. No. 81-39; 7-15-1985 by Ord. No. 85-21; 1-22-1998 by Ord. No. 98-3; 7-19-2004 by Ord. No. 04-21; 7-7-2008 by Ord. No. 08-15]
A. 
Full-time employees shall earn vacation on the basis of the following schedule:
[Amended 4-20-2015 by Ord. No. 15-17]
(1) 
After the completion of six (6) months of continuous employment: five (5) days paid vacation in the first (1st) calendar year of employment.
(2) 
Ten (10) days paid vacation in each year, beginning on the date on which the employee commences the second (2nd) year of continuous service, to and including the calendar year in which the employee completes five years of continuous service.
(3) 
Fifteen (15) days paid vacation in each year, beginning on the date on which the employee commences the sixth (6th) year of continuous service, to and including the calendar year in which the employee completes ten (10) years of continuous service.
(4) 
Twenty (20) days paid vacation in each year, beginning on the date on which the employee commences the eleventh (11th) year of continuous service, to and including the calendar year in which the employee completes twelve (12) years of continuous service.
(5) 
Twenty-one (21) days paid vacation in each year, beginning on the date on which the employee commences the thirteenth (13th) year of continuous service, to and including the calendar year in which the employee completes fourteen (14) years of continuous service.
(6) 
Twenty-two (22) days paid vacation in each year, beginning on the date on which the employee commences the fifteenth (15th) year of continuous service, to and including the calendar year in which the employee completes sixteen (16) years of continuous service.
(7) 
Twenty-three (23) days paid vacation in each year, beginning on the date on which the employee commences the seventeenth (17th) year of continuous service, to and including the calendar year in which the employee completes eighteen (18) years of continuous service.
(8) 
Twenty-four (24) days paid vacation in each year, beginning on the date on which the employee commences the nineteenth (19th) year of continuous service, to and including the calendar year in which the employee completes twenty (20) years of continuous service.
(9) 
Twenty-five (25) days paid vacation in each year, beginning on the date on which the employee commences the twenty-first (21st) year of continuous service through the end of their employment with the Township.
B. 
Subject to the provisions of § 26-31, vacation leave shall be taken on a calendar-year basis.
A. 
Vacation leave must be earned before it can be taken. An employee must request vacation in advance by notifying his or her immediate supervisor, on forms that will be provided, of the requested vacation as early in the calendar year as possible, but at least four weeks before the vacation is to be taken. Every effort is made to arrange vacation schedules to meet the individual desires of all employees. When there is conflict in the dates of proposed vacation schedules, preference is given to the employee with seniority. The request shall be viewed by the department director in terms of workload, other vacation requests in the department and the effect of the requested vacation on the proper operation and functioning of the department. The request shall be forwarded to the Administrator, upon his/her request, with the department director's recommendation for approval by the Administrator. Temporary and seasonal employees shall not be eligible for vacation time. A person employed before the 10th of the month shall be considered to have been employed for the entire month.
[Amended 4-20-2015 by Ord. No. 15-13]
B. 
Vacation time should be used in the year in which it is earned. It may, however, be extended through June of the following year with the approval of the appropriate department director and Township Administrator. However, it shall not be combined with the subsequent year's vacation.
C. 
Vacation time, which shall be scheduled subject to approval of the department director, may only be taken in units of full days and/or half days.
[Amended 4-20-2015 by Ord. No. 15-18]
D. 
At the time of separation from service, the employee shall be entitled to pay for any full day's vacation earned and not previously used.
E. 
Employees shall not be paid for vacation time earned and not used during any given year, except at the termination of employment, as set forth in § 26-31D.
F. 
If an employee should die while employed, a sum of money equal to his/her earned and unused vacation leave, will be paid to the employee's estate.
G. 
The salary paid while on vacation leave will be the same amount one would have earned had one worked regular straight-time hours during the vacation period.
H. 
If on a leave of absence without pay for more than two weeks in any month, an employee shall not earn vacation leave for that month, except in the case of military leave.
I. 
An employee on approved vacation leave, sick leave, injury leave or military leave will continue to accrue vacation leave according to his/her length of service and regular work schedule.
J. 
If a holiday, observed by the Township, occurs during the period of vacation leave, it is credited to the balance of the vacation leave and the employee will receive an equivalent day off, as scheduled by the department director.
A. 
Sick leave for employee and to care for family.
(1) 
Sick leave for employee. As used in this section, "sick leave" means leave that may be granted to each full-time Township employee who, through sickness or injury, becomes incapacitated to a degree that makes it impossible for him or her to perform the duties of his/her position or who is quarantined by a physician because he/she has been exposed to a contagious disease. Sick leave that is to be paid must be earned before it is used and it shall be provided by the Township in accordance with Subsections B, C, and D and F hereinbelow.
(2) 
Temporary, seasonal and permanent part-time employees. Temporary and seasonal employees are not eligible for sick leave, and permanent part-time employees are not eligible for extended sick leave.
(3) 
Reporting requirements. All absence due to illness or disability shall be reported immediately, or as soon as reasonable and practicable under the circumstances, by or for the employee to his/her department director with indication of expected duration.
B. 
Full-time employees shall be entitled to 15 working days of sick leave with pay per year in each calendar year after they have completed one year of satisfactory continuous service.
C. 
Full-time employees who have worked less than one year shall be entitled to one sick leave day with pay for each month worked.
D. 
Eligibility for payment upon retirement.
[Amended 4-1-2013 by Ord. No. 13-03; 10-5-2023 by Ord. No. 23-13]
(1) 
Sick leave may be accumulated from year to year without limit and may not be used in advance of its accrual. Employees who retire from employment with the Township after 10 years of service or more shall be entitled to payment for 25% of their unused accumulated sick leave up to 180 days, determined as follows:
(a) 
All current full-time employees (including department heads) shall be allowed to bank sick leave for use in the future as to illnesses in accordance with the provisions above. In accordance with N.J.S.A. 40A:9-10.2 and N.J.S.A. 40A:9-10.4, all full-time employees shall be permitted, only upon retirement (as defined by New Jersey law), a sum of money as established below. Department heads hired after June 8, 2007 (implementation date of N.J.S.A. 40A:9-10.2), and all employees (regardless of union affiliation) hired after May 21, 2010 (implementation date of N.J.S.A. 40A:9-10.4), shall receive no more than $15,000 in paid sick leave at the time of retirement compensation for unused accumulated sick leave at the time of retirement.
(b) 
Any department head appointed before June 8, 2007, and any full-time employee hired before May 21, 2010, shall, at the time of retirement (as defined by New Jersey law) and according to all Township ordinances, be eligible to receive an amount of money based upon the following formula below or the amount specifically set forth in the applicable collective negotiations agreement covering the retiring employee:
[1] 
Only sick leave days accumulated and unused on the Township's books for said employee as of December 31, 2012, shall be eligible for calculation;
[2] 
This number shall be further reduced so that pay shall be based on one day's pay for every four accumulated unused sick leave days based on a total maximum accumulation before reduction of 180 sick days. (Example: 180 accumulated sick days equals 45 days);
[3] 
That number, determined by Subsection D(1)(b)[1] and [2] above, shall then be multiplied by the employee's daily rate in effect as of December 31, 2012;
[4] 
The amount set forth in Subsection D(1)(b)[1] above shall be a maximum number; if an employee draws down on his/her accumulated sick leave bank once he/she has exhausted his/her current sick leave, he/she may not reaccumulate any unused sick leave time for pay at time of retirement, only for use in case of illness. (Example: If an employee has 80 days on the books as of December 31, 2012, and has to use 20 days of such, the maximum he/she can then be paid out is 60.) Said pay bank can be further reduced every time an employee has to use time out of his/her accumulated leave.
E. 
[1]Extended sick leave policy.
(1) 
Successive periods of illness or disability shall be counted together as one period in computing the period during which the employee shall be entitled to benefits, except that any sickness occurring after an employee has been continuously engaged in the performance of duty for 13 weeks shall be considered as a new sickness and not as part of any disability which preceded such period of 13 weeks. In the event that an employee's illness or disability constitutes a serious health condition, and the employee has exhausted his/her accumulation of unused sick leave days, annual vacation and personal leave days, extended sick leave benefits shall be available to him/her. A "serious health condition" shall mean an illness, injury, impairment or physical or mental condition which requires patient care at a hospital, hospice or residential medical care facility or continuing medical treatment or continuing supervision by a health care provider. (Incorporated herein by reference is the definition of "health care provider" as defined in the Federal Medical Leave Act.) These extended sick leave benefits may be available to him/her for a maximum period of 26 weeks. The first 13 weeks or any portion thereof shall be paid at the employee's full annual base salary. The next 13 weeks or any portion thereof shall be paid at the rate of 50% of the employee's annual base salary.
(2) 
Conditions of eligibility. Extended sick leave benefits shall be available to employees pursuant to the following terms and conditions:
(a) 
The employee shall have successfully completed his/her probation period, have permanent employment status with the Township and have been employed by the Township for a period of one year.
(b) 
An employee shall have exhausted his/her accumulation of unused sick leave, personal leave and vacation leave and shall have continued to be ill or disabled.
(3) 
In the event that an official holiday is observed during the period in which an employee has an extended sick leave, the employee shall not have that holiday counted against his/her extended sick leave.
[1]
Editor's Note: Former Subsection E, regarding use of accumulated sick leave, was repealed 4-20-2015 by Ord. No. 15-19. This ordinance also provided for the redesignation of former Subsections F through I as Subsections E through H, respectively.
F. 
Reporting illness or disability.
(1) 
In all cases of reported illness or disability when an employee is absent from work for a period not exceeding three days, normally the employee's statement of the cause will be accepted without a supporting statement from his attending physician. The Township reserves the right to require proof of illness from the employee or the right to have the employee examined by the Township physician, at the expense of the Township, before returning to duty.
(2) 
Any absence due to illness or disability in excess of three working days, during any seven-day period, may, at the discretion of the department director or Administrator, require a written statement from the attending physician relating to the illness, extent of disability and when he/she can return to work. The Township also reserves the right to require the employee to be examined by the Township physician and certified as fit for duty before returning to work.
G. 
Terminal leave. Notwithstanding the language of Subsections A and E of § 26-32 (entitled "Sick leave") hereinabove, a "retiring employee" (as defined below) who will he retiring between July 8, 2004, and December 31, 2004, shall have the right to utilize accumulated unused sick time within six months of his/her effective retirement date (as confirmed by the New Jersey Division of Pensions and Benefits) up to a maximum of 180 days even though such employee is not sick (as that term is defined in Subsection A hereinabove) so that he/she may terminate actual working on the job prior to that employee's official retirement date. The benefits granted by this subsection of this article shall remain in effect through December 31, 2004, when the clear and unambiguous language of each Township collective bargaining agreement shall be enforced.
H. 
Donation of sick leave.
(1) 
Purpose. The purpose of this subsection is to establish a donated leave program and set forth the eligibility requirements governing participation and other certain conditions.
(2) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
CATASTROPHIC HEALTH CONDITION OR INJURY
(a) 
With respect to an employee, a life-threatening condition or combination of conditions or a period of disability required by his/her mental or physical health or the health of the employee's fetus and requiring the care of a physician who provides written medical verification of the need for the employee's absence from work for 60 or more workdays.
(b) 
With respect to an employee's immediate family member, a life-threatening condition or combination of conditions or a period of disability required by his/her mental or physical health and requiring the care of a physician who provides written medical verification of the need for the family member's care by the employee for 60 or more workdays.
IMMEDIATE FAMILY or IMMEDIATE FAMILY MEMBER
As defined as in the New Jersey Family Medical Leave Act,[2] which definition is incorporated herein.
MEDICAL VERIFICATION
That the employee produces an acceptable written medical verification from a physician or other health care provider which indicates the nature, severity, diagnosis, prognosis and anticipated duration of the disability resulting from the serious health condition or injury.
[2]
Editor's Note: See N.J.S.A. 34-11B-1 et seq.
(3) 
Donated leave program description. The program enables employees of the Township of Bridgewater to donate, voluntarily, a portion of their earned sick and/or vacation time to other employees of the Township of Bridgewater who have exhausted their own earned sick and/or vacation time and who are suffering from a serious catastrophic health condition or injury that is expected to require a prolonged absence from work. The program also allows employees to participate if they are needed to provide care to an immediate family member under the same circumstance.
(4) 
Eligibility.
(a) 
Recipient. An employee of the Township shall be eligible to receive donated sick and/or vacation time from other Township employees, provided that they meet the following criteria and requirements:
[1] 
Full-time employment of not less than one year of continuous service.
[2] 
A catastrophic health condition or injury which requires absence from work for a prolonged period due to their own illness or to care for an immediate family member.
[3] 
Medical verification from a physician or other licensed health care provider indicating the nature, severity, diagnosis, prognosis and anticipated duration of the disability resulting from the serious health condition or injury.
[4] 
Exhausted all accrued leave time including compensatory time, sick leave, vacation leave, administrative leave and any entitlements they may have under Subsection F (Extended sick leave policy) hereinabove.
[5] 
He/she has not, in the one-year period preceding the employee's need for the donated leave, been disciplined for chronic or excessive absenteeism, chronic or excessive lateness or abuse of leave.
(b) 
Employees eligible for workers' compensation are not eligible for this sick leave donation program.
(5) 
Donor. A leave donor must meet the following criteria and requirements:
(a) 
An irrevocable donation of not more than 10 days to any one recipient in whole days only.
(b) 
Solicitation and/or acceptance of any money, credit, gift, gratuity, thing of value or compensation of any kind which is provided, directly or indirectly, to a donor is strictly prohibited.
(6) 
Procedures.
(a) 
The donated leave program shall be administered by the Township Administrator pursuant to his/her powers and duties delineated in § 4-30B of the Township Municipal Code and is subject to monitoring, audit and appropriate rules as may be adopted by the Township of Bridgewater and the State of New Jersey.
(b) 
Participation in the program is on a strictly voluntary basis limited to a recipient receiving a total of not more than 180 days.
(c) 
Participation is subject to approval of the recipient request application and donor transfer certification. In the event the employee is unable to complete the recipient application form, the employee's legal representative may complete the form on behalf of the employee. A supervisor may also initiate this process at the request of the employee. Notice shall be provided to all appropriate negotiation representatives (if applicable).
(d) 
Upon approval of the employee as an eligible leave recipient, the employee's name will be posted in order to give notice to all employees who may be eligible and desirous to donate leave. The posting will be done only with the recipient's consent. If the employee is unable to consent, his/her family may consent on behalf of the employee.
(e) 
The donor's leave account will be reduced by the number of days that are to be donated.
(f) 
If several employees donate leave time to the same coworker, the Township Administrator will transfer one day from each donor in order of the date received.
(g) 
The eligible recipient's leave account will be credited with the donated time upon approval of the recipient request form. The recipient may receive days from more than one donor to a maximum of 180 days.
(7) 
Unused leave time. Any unused, donated leave time shall be credited to the leave donors on a prorated basis upon the leave recipient's return to work. However, any portion that would amount to less than one day per donor will not be returned.
(8) 
Continuing accrued sick and leave vacation time. The leave recipient shall continue to accrue sick leave and vacation time while using donated leave time. However, the recipient shall utilize any additional accrued sick leave or vacation time prior to using any donated time.
(9) 
Retirement. Upon retirement, the leave recipient shall not be granted supplemental compensation on retirement for any unused sick leave he/she received through the donated sick leave program.
A. 
Light duty is temporary work assigned to a Township employee who has been injured and who, in the opinion of the Township physician, is capable of returning to work that is less physically demanding than the work performed on his/her regular assigned job requirements before the injury.
B. 
The Township, at its discretion, may require an employee who has been injured, either on- or off-duty, to be examined at the expense of the Township by a physician designated by the Township. The physician shall prepare a written statement establishing whether the employee is capable of returning to work on light duty, and if so, what the physical limits of the light duty assignment shall be. The employee shall be notified of the assignment by telephone at least 48 hours before the beginning of the light duty assignment, and said notice shall be promptly confirmed in writing. Light duty assignments shall not exceed six months, unless approved by the Mayor upon recommendation of the Township Administrator.
[Amended 1-22-1998 by Ord. No. 98-3]
[Amended 4-20-2015 by Ord. No. 15-20]
Full-time employees will be granted leave with pay, not to exceed three days, in the event of a death in the immediate family, by the department director through the office of the Administrator. Such leave shall be in addition to vacation leave and sick leave. For purposes of death leave, the term "immediate family" is defined as husband, wife, children, and other members of the same home; father and mother, stepfather, stepmother, brothers and sisters; grandfather and grandmother; father-in-law and mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law and grandchildren. Exceptions may be made to the designated members of the immediate family in cases in which the deceased has had a long-standing family relationship with the employee, in the case for example of stepparents. In cases where the death of an aunt, uncle, nephew, niece or cousin of the first degree, up to one calendar day off with pay will be granted. Exception to the above may be made where the deceased is buried in another state, and the employee would be unable to return in time for work with the leave granted.
[Amended 4-20-2015 by Ord. No. 15-13]
In the event that an employee is required to serve jury duty, he/she shall be paid the difference between the daily fee allowed by the court and his/her daily rate of pay for scheduled work time lost, exclusive of any overtime, upon presentation of proper evidence of jury service. If the employee is excused from jury duty at or before 12:00 noon, the employee must report to his/her work assignment.
[Amended 4-20-2015 by Ord. No. 15-13]
A. 
Any full-time permanent employee who is a member of the National Guard, Naval Militia, Air National Guard or a reserve component of any of the Armed Forces of the United States and is required to engage in field training shall be granted a military leave of absence in addition to his/her vacation for the period of such training as authorized by law. The employee shall receive his/her weekly rate of pay for scheduled work time lost, exclusive of overtime, upon presentation of proper evidence of military service.
B. 
When a full-time permanent employee has been called to active duty or inducted into the military or naval forces of the United States, he/she shall be granted an indefinite leave of absence without pay for the duration of such active military service, provided that he/she does not voluntarily extend such service. Such employee shall have the right to reinstatement to his/her former position or a position of equal status without the loss of privileges or seniority, provided he/she reports for duty with the Township within 90 days following his/her honorable discharge.
A. 
An employee may be granted three personal leave days each calendar year for the transaction of stated personal business which shall be reviewed by the department director through the office of the Township Administrator for approval. The employee requesting such leave shall do so by providing his/her department director with a notification at least 48 hours in advance except in the case of an emergency. The granting of a personal leave day shall be consistent with the needs of the department. Newly hired employees during the remainder of their first calendar year of service shall be granted 1 1/2 days of personal leave or absence with pay for each three months of service to the limit of three days.
[Amended 4-20-2015 by Ord. No. 15-21]
B. 
The above three days may be used for emergencies, personal business or other personal affairs, observation of religious or other days of celebration.
(1) 
Priority in granting such requests shall be:
(a) 
Emergencies.
(b) 
Observation of religious or other days of celebration.
(c) 
Personal business.
(d) 
Other personal affairs.
(2) 
Personal days will be scheduled in units of full and 1/2 days only. Such leave credit shall not accumulate. Unused balances in any year shall be canceled.
[Amended 4-20-2015 by Ord. No. 15-21]
[Amended 4-20-2015 by Ord. No. 15-22]
A. 
"Permanent part-time employee" is defined as follows: an employee of the Township who must work on a regular year-round part-time basis for a minimum of at least 20 hours per week on a consistent ongoing, non-intermittent basis, who is paid wages on an hourly basis and who is not a temporary or seasonal employee.
B. 
The provisions of § 26-29 shall apply to permanent part-time employees hired before April 1, 2015, as provided: The following official holidays with pay shall be observed by the Township unless an alternate day of observance is specifically directed by the Mayor in writing or a collective bargaining agreement governing the employees in question: New Year's Day, Martin Luther King Day, Lincoln's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, General Election Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, Christmas Day and the day preceding Christmas Day when Christmas Day falls on a weekday. Each permanent part-time employee shall be granted 1/2 day or the equivalent of 3 1/2 hours for each of the aforementioned holidays. In the event that an official holiday is observed during an employee's vacation, he/she shall be entitled to an additional vacation day. If an official holiday occurs while an employee is on sick leave, he/she shall not have that holiday charged against his sick leave. The rate of pay for these holidays shall be the straight time, annual rate of pay in effect at the time of the holiday for the employee. For all permanent part-time employees hired on or after April 1, 2015, the provisions of § 26-36.1B shall not apply.
C. 
The provisions of § 26-30 above shall only apply to permanent part-time employees hired before April 1, 2015, as provided: Every employee who meets the definition of "permanent part-time" employee as defined in § 26-36.1A shall be granted five vacation days; provided, however, that a day shall be deemed to equal seven hours for purposes of vacation. The grant of such days shall be awarded on January 1 of the year following the year of accrual. All such vacation days shall be scheduled subject to written approval of the Department Director and may only be taken in units of full days. All vacation days must be taken during the year of service during which they are granted. At the time of separation from service, the employee shall not be entitled to pay for any unused vacation time. If an employee should die while employed, a sum of money equal to his/her earned and unused vacation leave for the current year, will be paid to the employee's estate. The salary paid while on vacation leave will be the same amount one would have earned had one worked regular straight-time hours during the vacation period. For all permanent part-time employees hired on or after April 1, 2015, the provisions of §§ 26-30 and 26-31C shall not apply.
D. 
The provisions of § 26-31 as it relates to accumulation of vacation time do not apply to permanent part-time employees as defined in § 26-36.1A.
E. 
The provisions of § 26-32 shall not be applicable to permanent part-time employees as defined in § 26-36.1A.
F. 
The provisions of § 26-33 shall not be applicable to permanent part-time employees as defined in § 26-36.1A.
G. 
The provisions of § 26-35 concerning military leave shall not apply to permanent part-time employees.
H. 
The provisions of § 26-36 shall apply to permanent part-time employees as follows: A permanent part-time employee may be granted one personal leave day each calendar year, but not in conjunction with vacation or holidays, for the transaction of stated personal business which shall be reviewed by the department director through the office of the Township Administrator for approval; provided, however, that a day shall be deemed to equal seven hours. The employee requesting such leave shall do so by providing his/her Department Director with written notification at least 48 working hours in advance, except in the case of an emergency. The granting of a personal leave day shall be consistent with the needs of the department. Personal days will be scheduled in units of full days only. Such leave credit shall not accumulate. Unused balances in any year shall be cancelled. For all permanent part-time employees hired on or after April 1, 2015, the provisions of § 26-36 shall not apply.
I. 
The provisions of § 26-37 shall not apply to permanent part-time employees.
A. 
Leave without pay may be granted to full-time employees. Normally, it shall be granted only when the employee has used his/her accumulated sick leave and vacation leave in the case of illness, or his/her vacation leave if leave without pay is requested for reasons other than illness. During this period the employee shall not accrue any benefits or seniority.
[Amended 4-20-2015 by Ord. No. 15-13]
B. 
Requests for leave without pay must be initiated in writing by the employee, containing the starting date, approximate date of return and reasons for such request. It shall be approved by the department director and Township Administrator.
C. 
Such leave, except for military leave without pay, shall not be approved for a period of longer than 90 days at one time.
D. 
This period may be extended for an additional 90 days or any portion thereof. Requests for an extension of said leave without pay must be submitted by the employee to the department director in writing at least 20 days prior to the date on which the initial leave expires. Said request must be approved by the department director and Township Administrator.
E. 
Any employee leaving his/her post of duty before receiving written authorization of such leave by the Administrator or who returns seeking to claim his/her position after the expiration of such leave will be deemed to have abandoned his/her position and resigned from the employ of the Township.
[Amended 4-20-2015 by Ord. No. 15-13]
F. 
If an employee accepts another position while on leave without pay, his/her employment by the Township shall be terminated.
[Amended 4-20-2015 by Ord. No. 15-13]
G. 
The Township reserves the right to grant leaves without pay for good and sufficient reason.