These policies cover nonunion employees. They also cover union
employees to the extent that their collective bargaining agreements
do not cover these issues.
Employees are entitled to two personal days per year and any
unused days are forfeited at the end of each calendar year.
Employees are entitled to three consecutive calendar days leave
of absence for each death of an employee's immediate relative but
could be extended up to five consecutive days at the discretion of
the Administrator. "Immediate relative" includes spouse or significant
other, civil union partner, child, parent, stepchild, sibling, grandparents,
daughter-in-law, son-in-law, grandchildren, niece, nephew, uncle,
aunt, or any person related by blood or marriage residing in an employee's
household. Employees are paid for all working days during the bereavement
leave.
An employee required to render jury service shall be entitled
to be absent from work during that service and will be paid the difference
between any payment received for jury duty and the employee's regular
salary.
[Added 7-24-2019 by Ord.
No. 1143-19]
A. The Township adheres to the current statutory provisions set forth
in the New Jersey Earned Sick Leave Law (the "law") with respect to the accrual, use, and carryover
of earned sick leave and has not elected to expand them. These provisions
are:
(1)
Eligible employees earn up to a maximum of 40 hours paid leave
per calendar year (the "benefit year") at the statutory ratio of one
hour of leave earned for every 30 hours worked, and leave is paid
at the same rate of pay as the employee normally earns, as computed
in accordance with the law;
(2)
The paid leave shall only be used for the reasons permitted
under the law and which are:
(a)
The employee's need for diagnosis, care, treatment, or recovery
from a mental or physical illness, injury, or health condition or
preventive medical care;
(b)
The employee needs to care for a family member during diagnosis,
care, treatment, or recovery from a mental or physical illness, injury
or health condition, or the family member requires preventive medical
care;
(c)
The employee or a family member has been the victim of domestic
violence or sexual violence and needs time for treatment, counseling,
or to prepare for legal proceedings;
(d)
The employee needs to attend school-related conferences, meetings,
or events regarding their child's education or to attend a school-related
meeting regarding the child's health;
(e)
The employee's employer's business closes due to a public health
emergency or the employee needs to care for their child whose school
or child care provider closed due to a public health emergency.
(3)
A maximum of 40 hours shall be subject to carry forward from
one benefit year to the next, and a maximum of 40 hours shall be eligible
for use in any benefit year.
(4)
No payment for accrued and unused earned sick leave shall be
made to an employee or his estate upon termination of employment,
voluntary or involuntary, including resignation, retirement, or discharge.
(5)
Use of leave may also be counted toward leave entitlements under
other laws as concurrent leave including but not limited to the FMLA
and the NJFLA.
B. An employee is required to provide advance notice of the need to
take sick leave as soon as practicable in an emergency, and shall
also be required to provide notice to the employer in advance for
the foreseeable need to use leave at a future date (doctor's appointments
or other appointments scheduled in advance that qualify for leave)
seven days in advance of the leave, and shall schedule such leave
in a manner such that the employer's needs are duly recognized and
disruptions are minimized. Advance notice for unforeseeable or emergency
leave shall require the employee to provide notice of the intention
to use the leave and its duration.
C. Undue disruption or failure to give the required advance notice to
the employer may be a cause to refuse foreseeable leave in the period
requested. The Administrator may post notice of certain dates when
use of foreseeable leave will not be permitted. Reasonable documentation,
which shall not require the medical reason for the leave, shall be
required in accordance with the law for any leave that lasts for three
or more consecutive days or is taken during any period that has been
restricted by the Administrator. The notice provided for any and all
requests to use any leave shall indicate the duration and the reason
for the leave, and such notice may be provided by the employee telephoning
his or her supervisor. No leave will be permitted for any reason not
included in the law, and misuse or abuse of the earned sick leave
benefit will be subject to disciplinary action as permitted by that
law and which can include discharge for cause.
D. The Township reserves its options with respect to the provisions
of the New Jersey Earned Sick Leave Law, including but not limited
to the options available for advance crediting of sick leave and repurchases
of leave, upon recommendation of the Administrator. Employees may
contact the Administrator in his role as Personnel Officer should
they have any questions regarding this benefit, or access the New
Jersey Department of Labor Website at mysickdays.nj.gov.
E. The law exempts the Township as a public employer from compliance
with the Earned Sick Leave Law for those employees who are provided
sick leave at full pay pursuant to any law or rule of New Jersey other
than the Earned Sick Leave Law, and with respect to employees of the
Township who are full time and eligible for sick pay, they are not
also eligible under the Earned Sick Leave Law as employees of the
Township.
F. Eligible employees under the law are those who are part time or seasonal
employees, who may also qualify. All such employees employed by the
Township on October 29, 2018, accrue earned sick leave from that date,
and may utilize such earned accrued sick leave on February 26, 2019,
and all such other eligible employees may use earned sick leave the
120th calendar day after being employed, which is accrued during their
employment with the Township.
G. Seasonal employees or eligible employees who are rehired within six
months of their separation from employment will be provided with any
prior accrued earned sick leave credit upon their return to employment.
H. For the purposes of interpreting who may qualify as a family member,
the Earned Sick Leave Law recognizes the following as an employee's
family member: Child of the employee (biological, adopted, or foster
child, stepchild or legal ward of an employee, or child of a domestic
partner or civil union partner of the employee); grandchild of the
employee; sibling of the employee; spouse of the employee; domestic
partner of the employee; civil union partner of the employee; parent
of the employee (biological, adoptive, or foster parent, stepparent,
or legal guardian of an employee or of the employee's spouse, domestic
partner, or civil union partner, or a person who stood in loco parentis
of the employee or the employee's spouse, domestic partner, or civil
union partner when the employee, spouse, or partner was a minor child);
grandparent of the employee; spouse, domestic partner, or civil union
partner of a parent or grandparent of the employee; sibling of a spouse,
domestic partner, or civil union partner of the employee; any other
individual related by blood to the employee or whose close association
with the employee is the equivalent of a family relationship. Note:
For the purpose of the definition of "family member," an individual
whose close association with the employee is equivalent of a family
relationship shall include any person with whom the employee has a
significant personal bond that is, or is like, a family relationship,
regardless of biological or legal relationship.