[Ord. No. 34-88, §§ 1, 2; No. 33-89, § 2; No.
21-90, § 5; No. 25-96, §§ 6, 7, 8; No. 14-99;
No. § 2; No. 16-99, § 1; No. 6-2006, §§ 1,
2, 3; No. 7-2011, §§ 11, 12; Ord. No. 30-2018, §§ 1,
2]
(a) Definitions. As used in this article, the following terms shall have
the meanings indicated:
SICK LEAVE
Is defined as the absence from duty of an officer or employee
because of illness, accident or exposure to contagious diseases. A
certificate by a reputable physician in attendance upon any officer
or employee may be required as proof of need of sick leave.
(b) Employees using sick leave for three or more consecutive working
days must provide a doctor's certificate.
(c) Policy.
(1)
Effective October 29, 2018, regular full-time employees shall
be entitled to the following sick leave with pay, which is computed
from the employee's anniversary date:
Length of Service
|
Time Allowed
|
---|
0 to 3 months
|
1 day per month
|
3 months to 1 year
|
1 day per month
|
After 1 year of continuous service
|
12 days' full pay per year
|
(2)
Employees will be permitted to accumulate unused sick days up
to a maximum of 135 days.
(3)
Regular full-time employees with one or more years of service
on January 1, 1990, will be allowed to carry over and accumulate a
one-time bank of sick days in accordance with the following:
Employees Previously Entitled to
|
Will be Allowed to Carry Over
|
---|
65 days
|
30 days
|
40 days
|
20 days
|
20 days
|
10 days
|
10 days
|
5 days
|
Less than 10 days
|
0 days
|
(4)
Upon severing employment, employees will be paid for accumulated
sick days based upon a percentage of the employee's sick days
at the employee's prevailing hourly rate in the following manner:
(i)
Upon retirement in good standing, for employees hired prior
to January 1, 2006: 50% of accumulated sick days up to a maximum of
135 days.
(ii)
Upon the employee's death: his/her family shall receive
100% of accumulated sick days.
(iii) Upon being laid off: 30% of accumulated sick
days.
(iv)
Upon voluntary leave: 0% of accumulated sick days.
(v)
Upon being discharged: 0% of accumulated sick days.
(vi)
All employees hired on or after January 1, 2006, will be paid
for accumulated sick days at the time of their retirement the lesser
amount of up to 50% of 130 accumulated sick days or $20,000.
(5)
For regular full-time employees transferring from a bargaining-unit
position to a non-bargaining-unit position after one year of continuous
service but prior to their anniversary date, sick leave shall be prorated
from the date of transfer (or date of hire in the non-bargaining-unit
position) through the end of the calendar year.
(6)
Any employee who is on disciplinary suspension for 15 days or
more will have his/her sick days frozen during the period of suspension
and for 15 days after returning to work.
(d) Sick leaves extension. Extension of sick leave beyond the maximum
allowed in the schedule set forth shall require special approval of
the Borough Council.
(e) Regulations.
(1)
One-half of each workday shall be the smallest unit to be considered
in computing sick leave used.
(2)
Sick leave shall not be allowed for ordinary medical appointments,
since such professional services are readily available outside of
normal working hours.
(f) Procedure.
(1)
An employee who becomes ill is responsible for notifying his/her
supervisor within 1/4 hour of the scheduled starting time, either
personally or through an emissary. Police Department employees shall
make the appropriate notification four hours in advance.
(2)
Each department head will maintain records for each employee
upon which he/she shall record the total sick leave used. All sick
leave earned and used for each completed continuous service year shall
be shown on this record.
(3)
In protracted illness or disability, weekly or biweekly health
reports may be requested by the Borough Council. The choice of the
reporting physician, attending or Borough-designated, is at the discretion
of the Borough.
(g) Any employee suspected of abusing the sick leave privilege in the
taking of sick leave time on an excessive or regular basis may be
required to undergo a complete physical and/or psychological examination
to determine if a legitimate medical problem exists. Any employee
that has improperly utilized sick leave time without a legitimate
medical problem may be subject to the full range of disciplinary action,
up to and including dismissal.
(h) New Jersey Paid Sick Leave Law, P.L. 2018, ch.
10 Policy.
(1)
Effective October 29, 2018, any employee not entitled to at least 40 hours of paid time off under the terms of this Personnel Policy and Procedures Manual, or under any applicable ordinance or resolution of the Borough, shall accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours accrued, used or carried over in any calendar year in compliance with the New Jersey Paid Sick Leave Law, P.L. 2018, ch.
10 ("P.L. 2018, ch.
10 Policy"). For those employed on or prior to October 29, 2018, earned sick leave under this P.L. 2018, ch.
10 Policy shall begin to accrue effective October 29, 2018, and may be used at any time beginning on the 120th calendar day after the employee began employment. For those employed after October 29, 2018, earned sick leave under this P.L. 2018, ch.
10 Policy shall begin to accrue on the first day of employment and may be used at any time beginning on the 120th calendar day after the employee began employment.
(2)
Any regular full-time employee otherwise entitled to at least
40 hours of paid time off under the terms of this policy manual, or
under any applicable ordinance or resolution, shall be entitled to
use up to 40 hours of such paid time off per calendar year for the
purposes set forth in Paragraph (c) herein.
(3)
Paid sick leave in compliance with this P.L. 2018, ch.
10 Policy may be used for the following purposes:
(i)
Time needed for diagnosis, care, or treatment of, or recovery
from, an employee's mental or physical illness, injury or other
adverse health condition, or for preventive medical care for the employee;
(ii)
Time needed for the employee to aid or care for a family member
of the employee 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;
(iii) Absence necessary due to circumstances resulting
from the employee, or a family member of the employee, being a victim
of domestic or sexual violence, if the leave is to allow the employee
to obtain for the employee or the family member: medical attention
needed to recover from physical or psychological injury or disability
caused by domestic or sexual violence; services from a designated
domestic violence agency or other victim services organization; psychological
or other counseling; relocation; or legal services, including obtaining
a restraining order or preparing for, or participating in, any civil
or criminal legal proceeding related to the domestic or sexual violence;
(iv)
Time during which the employee is not able to work because of
a closure of the employee's workplace, or the school or place
of care of a child of the employee, by order of a public official
due to an epidemic or other public health emergency, or because of
the issuance by a public health authority of a determination that
the presence in the community of the employee, or a member of the
employee's family in need of care by the employee, would jeopardize
the health of others; or
(v)
Time needed by the employee in connection with a child of the
employee to attend a school-related conference, meeting, function
or other event requested or required by a school administrator, teacher,
or other professional staff member responsible for the child's
education, or to attend a meeting regarding care provided to the child
in connection with the child's health conditions or disability.
(4)
For purposes of compliance with this P.L. 2018, ch.
10 Policy only, the term "family member" means a child, grandchild, sibling, spouse, domestic partner, civil union partner, parent, or grandparent of an employee, or a spouse, domestic partner, or civil union partner of a parent or grandparent of the employee, or a sibling of a spouse, domestic partner, or civil union partner of the employee, or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.
(5)
The calendar year shall be deemed the "benefit year" for purposes
of N.J.S.A. 34:11D-1.
(6)
If the employee's need to use paid time under this policy
is foreseeable, the employee will be required to produce advance notice,
not to exceed seven calendar days prior to the date the leave is to
begin, of the intention to use paid time under this policy and its
expected duration, and shall make a reasonable effort to schedule
the use of paid time under this policy in a manner that does not unduly
disrupt the operations of the employer. If the reason for the use
of paid time under this policy is not foreseeable, the employee shall
provide notice of the intention to use paid time under this policy
as soon as practicable.
(7)
For use of paid time under this policy which extends for three
or more consecutive days, the following supporting documentation shall
be required:
(i)
If paid time under this Policy is being taken under Paragraph
(1) or (2) as set forth in Paragraph (c) above: documentation signed
by a health care professional who is treating the employee or the
family member of the employee indicating the need for the leave and,
if possible, number of days of leave.
(ii)
If paid time under this Policy is being taken under Paragraph
(3) as set forth in Paragraph (c) above: medical documentation; a
law enforcement agency record or report; a court order; documentation
that the perpetrator of the domestic or sexual violence has been convicted
of a domestic or sexual violence offense; certification from a certified
domestic violence specialist or a representative of a designated domestic
violence agency or other victim services organization; or other documentation
or certification provided by a social worker, counselor, member of
the clergy, shelter worker, health care professional, attorney, or
other professional who has assisted the employee or family member
in dealing with the domestic or sexual violence.
(iii) If paid time under this policy is being taken
under Paragraph (4) as set forth in Paragraph (c) above: a copy of
the order of the public official or the determination by the health
authority.
(iv)
If paid time under this Policy is being taken under Paragraph
(5) as set forth in Paragraph (c) above: any reasonable documentation
showing that a conference, meeting, function, or other event has been
scheduled or is occurring.
(8)
Nothing in this policy shall be construed as requiring payment
for any form of unused paid leave upon separation from employment
unless otherwise provided under the terms of a different provision
of this policy manual, or under any applicable ordinance, resolution,
or practice of the Borough. Employees receiving paid sick leave under
Paragraph (a) of this policy shall not be entitled to payment for
unused paid sick leave upon separation from employment under any circumstance.
(9)
This policy shall not apply to those employees who are provided
with sick leave with full pay pursuant to any law, rule, or regulation
of the State of New Jersey.
[Ord. No. 34-88, §§ 1, 2; No. 33-89, § 3; No.
25-96, §§ 9, 10, 11; No. 28-2002, § 2]
(a) In case an employee is disabled, either through injury or illness
as a result of or arising from his/her employment, as evidenced by
the certificate of a physician licensed to practice in the S of New
Jersey, but such injury or illness is not compensable pursuant to
the New Jersey Workers' Compensation Act, as determined by the
Borough, he/she shall be granted a period of 30 days' leave with
full pay before the sick leave hereinbefore specified shall begin.
Such thirty-day initial period shall be granted each time an employee
is disabled in the line of duty. Should further additional leave be
necessary, because of accident or sickness incurred in line of duty,
it may be granted up to a total of one year by action of the Council.
(b) Any employee on sick leave receiving his normal compensation who,
in addition, qualifies for payments under workers' compensation
weekly benefits shall, during the period he is receiving such weekly
benefits, be entitled only to that portion of his regular salary which,
with the workers' compensation payments, equals his normal salary.
(c) Procedure. Any employee injured on the job should report the accident
immediately to his/her supervisor. Depending on the degree of injury,
the department head or his/her representative shall obtain emergency
medical aid or arrange for the employee to see a physician.
(d) As soon as practicable, the employee shall complete an accident report
form at the Borough Clerk's office. An Employee and Department
Head Safety Report shall also be completed and filed with the Borough
Clerk's office. If this cannot be done, the department head shall
arrange to have the forms completed. The Borough Clerk will forward
the forms to the insurance carrier along with any related bills, and
the department head shall be provided with a copy of the reports for
their files.
(e) A physician's diagnosis, including prognosis, should be submitted
to the department head and Borough Clerk in support of any request
for leave.
(f) The fact that the injury or illness is job-related should be reported
to all medical personnel and services who should send bills and reports
directly to the Borough Clerk's office. The Borough Clerk shall
file all reports and bills with the insurance company.
(g) If an employee will be unable to work for a period exceeding the
initial thirty-day leave defined under Policy, and the employee's unused sick leave, the department
head should so notify the Borough Council for possible extension of
leave.
(h) If the injury involves a vehicle, the appropriate report must be
filed with the Police Department and with the Borough Clerk's
office.
(i) Limited Duty/Return to Work Program.
(1)
After an employee sustains a work-related injury, the Borough's
Physician, as appointed by the Mayor and Council, shall return the
employee to work in a limited-duty capacity, with a list of tasks
that the employee is unable to perform, except in the specific instances
when the Physician determines that the employee is incapable of performing
any limited-duty job-related responsibilities and cannot return to
work. Limited duty shall be permitted for a period of four workweeks.
(2)
Upon review of the job classifications available and considering
the limitations upon the injured employee, the Borough's Physician,
as appointed by the Mayor and Council, will then outline the classifications
in which the employee can perform. The Physician will also immediately
schedule a date for reexamination or return to normal duties:
(3)
Upon receipt of this information, the employee's department
head will assign duties to that individual for the limited-duty period.
The employee's department head shall provide the Personnel Director
with written notice of the duties so assigned to the employee, which
written notice shall be provided within five business days after said
assignment.
(4)
The employee shall be entitled to his or her regular rate of
pay while performing in a limited capacity. In no instance shall the
employee receive less than his or her present salary during the interim.
(5)
Upon conclusion of the limited-duty period, as determined by
the Borough's Physician, the employee will revert to his or her
regular position, or comply with the Physician's recommendation
if it is otherwise.
(6)
It shall be the employee's responsibility to deliver to
or cause to be delivered to the Personnel Director the completed Medical
Authorization for Limited Duty or Absence Due to Injury Form, which
shall be signed by the Borough's Physician. The employee or his
or her designee shall deliver said form within 24 hours from the time
of the visit and determination. Failure to do so shall subject the
employee to unauthorized time off for the period without notification.
[Ord. No. 34-88, §§ 1, 2; No. 25-96, § 12; No.
7-2011, §§ 13, 14]
(a) Policy.
(1)
All full-time employees of the Borough shall be granted a bereavement
leave up to three days off with pay, upon the death of any member
of his/her family. The term "member of his/her family is defined as
follows:
Father or stepfather
|
Mother or stepmother
|
Father-in-law
|
Mother-in-law
|
Brother
|
Sister
|
Brother-in-law
|
Sister-in-law
|
Son-in-law
|
Daughter-in-law
|
Spouse
|
Child
|
Foster child
|
Grandmother
|
Grandfather
|
Grandchild
|
Relative residing with employee
|
Domestic partner
|
(b) Procedure.
(1)
As soon as practical prior to absence from duty, an employee
shall request bereavement leave to the department head and Personnel
Director, stating specifically the relationship between the deceased
and the employee and the date(s) upon which the absence is requested.
(2)
Prior approval from the department head is required for one-day
bereavement leave. If requested, proof must be furnished to the department
head as to the relationship of the person involved.
[Ord. No. 34-88, §§ 1, 2; No. 14-99, § 3; No.
7-2011, § 15]
(a) Upon completion of service with the Borough, terminal leave pay shall
be made pursuant to the appropriate labor contract in effect at the
time.
(b) Employees not covered by contractual agreement. The same shall be
in accordance with the ordinance which shall apply only to regular
full-time employees of the Borough retiring in good standing on a
service pension after 25 years of continuous service with the Borough.
(c) Termination leave with full pay, computed at the employee's
basic daily wage rate at the time of retirement, shall be provided
to such employee on the basis of one full day's pay for each
full year of service with the Borough, prior to the employee's
written request for retirement. Termination leave shall be provided
to the employee following receipt by the Borough of the employee's
proper application for retirement and written notice of the approval
thereof by the New Jersey Division of Pensions. Such leave shall be
granted by the Borough prior to the employee's effective date
of retirement.
[Ord. No. 34-88, §§ 1, 2; No. 33-89, § 4]
(a) The Borough Council strongly endorses the concept of civic responsibility.
(b) Department heads are encouraged to aid the employee when he/she may
be summoned by the court for jury duty or called as a witness. Only
in rare instances is an exception sanctioned. The court may be a state,
federal, county or municipal court.
(c) Appearance in court in connection with official duties is considered
normal duty time.
(d) The employee will present the official summons for jury duty immediately
upon receipt to his/her department head. The department head will
forward the official notice to the Borough Council for further processing.
[Ord. No. 34-88, §§ 1, 2]
(a) Maternity leave is to be treated as any other disability, and employees
may use their sick time and vacation time for maternity purposes.
(b) Procedure. All requests for maternity leave shall be in writing to
the department head as soon as practicable, stating the approximate
date leave will begin and probable date of return to work.
[Ord. No. 34-88, §§ 1, 2; No. 25-96, § 13]
(a) A permanent employee may be granted a leave of absence without pay
with the approval of the Borough Council for a three-month period.
Each case is considered on its merit and does not set precedent. Leaves
may be requested for temporary incapacity, attendance at school or
job-related advanced study, national emergencies and any other valid
reason acceptable to the Borough Council.
(b) Procedure.
(1)
An employee requests leave by submitting a detailed written
notice to his/her department head who will forward a copy of the notice
to the Personnel Director. This is submitted to the Borough Council
with the supervisor's recommendation.
(2)
All data on the request for leave shall be submitted to the
Borough Council. The final decision is made by the Borough Council.
(3)
An employee on leave will not be entitled to benefits for the
duration of the leave; however, upon return from leave, the employee
will be entitled to a position of equal status and pay to that which
was held when the employee went on leave.
[Ord. No. 34-88, §§ 1, 2]
(a) As a general policy, employees absent from work for three consecutive
days due to sickness, accident or injury will be required to bring
a doctor's certificate to the department head stating that the
employee is capable of returning to normal duties. Any employee using
sick time may be required to bring in such a certificate.
(b) Additionally, employees returning to work following an approved leave
of absence for 30 or more days shall notify, in writing, their department
head five working days prior to scheduled return.