Borough of Dumont, NJ Article VI Sick Leave and Personal Leave Days

§ 69-26 through § 69-28. (Reserved) [1]

[1] Editor's Note: Former §§ 69-26, Definitions, as amended, 69-27, Computation and accrual of sick leave, as amended, and 69-28, Medical documentation required, as amended, were repealed 12-13-2022 by Ord. No. 1614.

§ 69-29 Process for taking sick leave.

[Amended 3-3-2020 by Ord. No. 1573[1]]

Except in case of an emergency, an employee shall notify his or her department head that they are experiencing an injury or illness which requires their absence from work not more than one hour after the time at which that employee was scheduled to commence work. For employees of the Department of Public Works, however, such notice shall be given one hour prior to the scheduled time for commencement of work.

[1] Editor's Note: This ordinance also amended the title of this section, which was formerly Notice of illness or injury.

§ 69-30 Place of confinement; contact while absent; abuse of sick leave; penalties.

[Added 3-3-2020 by Ord. No. 1573[1]]

A. Place of confinement.

(1) If an employee is absent for reasons that entitle the employee to sick leave or an employee is on workers' compensation leave because of an injury or illness, the employee shall remain at their place of confinement during the period in which they are scheduled to work for the days in question, with the following exceptions:

(a) To report for medical attention, physician's office or hospital.

(b) To attend a family emergency when contact is first made and only after approval is granted by the department head or designee.

(c) To engage in the exercise of their right to vote.

(d) To engage in the exercise of their right to attend religious services.

(2) Whenever an employee utilizes an exception (as listed above), the employee shall contact the department head or designee providing the time of departure and then again, the time of their return.

(3) Under no circumstances should an employee utilizing sick leave or workers' compensation leave be present at the Borough offices without prior authorization.

(4) All times shall be documented by the department head or designee by using internal controls.

B. Contact when absent.

(1) The Borough Administrator, department head or designee may visit an employee who is absent or on workers' compensation leave at the employee's residence or place of confinement.

(a) All visits shall be documented utilizing internal controls.

(2) The Borough Administrator, department head or designee may telephone the employee who is absent or on workers' compensation leave at the employee's residence or place of confinement.

(a) All contacts shall be documented utilizing internal controls.

(b) An answering machine or third party will not be accepted for purposes of verification.

(c) To have a call answered by an answering machine shall mean that the employee is not at their residence or place of confinement. However, an employee may overcome this presumption by replying to a message within one hour of it having been left. The Borough has an absolute right to require an explanation in the event a message must be left.

(d) If a third party answers, the employee shall come to the phone to verify their location.

C. Abuse of sick leave; penalties. Abuse of sick leave shall be cause for reimbursement, denial of future leave, and disciplinary action up to and including termination. Abuse of sick leave shall include a violation of any of the policies enumerated in this policy. However, the Borough reserves the right to make a case-by-case determination based on the facts of an individual employee's abuse of sick leave as the situation may warrant.[2]

[2] Editor's Note: Original Section 6-6, Maternity leave, which immediately followed this section, was deleted 6-16-2009 by Ord. No. 1385.

[1] Editor's Note: This ordinance also repealed former § 69-30, Medical certificate required for contagious disease absence.

§ 69-31 Illness or injury arising out of employment.

[Amended 3-3-2020 by Ord. No. 1573]

A. Absence caused by illness or injury resulting from or arising out of an employee's employment with the Borough and covered by the workers' compensation laws of the State of New Jersey shall not be considered as or charged against sick leave.

B. During such absence, the employee shall be paid, as salary, the difference between his regular salary and any amounts received by him pursuant to the workers' compensation laws of the State of New Jersey for a period of one year. In the event an employee is approved for workers' compensation payments beyond one year, they shall not be entitled to the difference between their regular salary and the amounts received by them pursuant to the workers' compensation laws of the State of New Jersey; however, they shall continue to receive any amounts payable to them by the Borough's workers' compensation carrier. Nothing herein shall preempt the rights of any employee under a collective bargaining agreement to which they are a party as it pertains to payment beyond the one-year period.

§ 69-32 Leave of absence because of illness or injury.

An employee who has used all accrued sick leave, together with the additional sick leave provided by this article, and who has used all vacation days to which he or she is entitled, and who is required to be absent from work for an additional period by reason of illness or injury, may be granted a leave of absence, by the Borough Administrator, without pay, for a period not to exceed six months, which may be extended for an additional six months; provided that the granting or refusing of such leave of absence shall be a matter within the discretion of the Borough Administrator based on the Manager's determination as to the quality of service performed by the employee, the length of the employee's service, the effect of such prolonged absence on Borough services, and such other matters as the Borough Administrator may deem relevant to its determination.

§ 69-33 Personal leave days.

A. Employees of the classified service, and employees in the exempt service whose employment is covered by collective negotiation agreements which provide for personal leave days, shall be entitled to personal leave days to the extent and in the manner provided in such agreements.

B. Other employees in the exempt service shall be entitled to personal leave days as follows:

(1) Three personal leave days per year which shall not be chargeable to the employee's accrued sick leave, upon prior approval by the employee's department head, or if the employee is a department head, upon prior approval by the Borough Administrator;

[Amended 10-20-2009 by Ord. No. 1399]

(2) Three personal leave days per year not chargeable to the employee's accrued sick leave, by reason of a death in the employee's immediate family, as that term is defined in § 69-26 hereof.