[Adopted 11-4-2014 by Ord. No. O-14-047]
For purposes of this article, the following terms shall have
the meanings indicated:
AGENCY
The Department of Health and Human Services.
CALENDAR YEAR
A regular and consecutive twelve-month period, as determined
by an employer.
CONSTRUCTION UNION
A labor organization that represents, for purposes of collective
bargaining, employees involved in the performance of construction,
reconstruction, demolition, alteration, custom fabrication, or repair
work and who are enrolled or have graduated from a registered apprenticeship
program.
EMPLOYEE
As defined in N.J.S.A. 34:11-56a1(h), one who works in the
Township of Montclair for at least 80 hours in a year, except that
"employee," for purposes of this article, does not include any person
employed by any governmental entity or instrumentality, including
any New Jersey school district or board of education or any person
who is a member of a construction union and is covered by a collective
bargaining agreement negotiated by that union.
EMPLOYER
As defined in N.J.S.A. 34:11-56a1(g), except that "employer"
does not include the United States government; the state or its political
subdivisions or any office, department, agency, authority, institution,
association, society or any instrumentality of the state, including
the legislature or judiciary; or the Township of Montclair.
FAMILY MEMBER
A.
A biological, adopted or foster child, stepchild or legal ward,
a child of a domestic partner, a child of a civil union partner, or
a child to whom the employee stands in loco parentis;
B.
A biological, foster, stepparent or adoptive parent or legal
guardian of an employee or of an employee's spouse, domestic
partner or civil union partner or a person who stood in loco parentis
when the employee was a minor child;
C.
A person to whom the employee is legally married under the laws
of New Jersey or any other state or with whom the employee has entered
into a civil union under N.J.S.A. Title 37;
D.
A grandparent or spouse, civil union partner or domestic partner
of a grandparent;
F.
A domestic partner of an employee as defined in N.J.S.A. 26:8A-3
et seq.; or
HEALTH CARE PROFESSIONAL
Any person licensed under federal or New Jersey law to provide
medical or emergency services, including but not limited to doctors,
nurses and emergency room personnel.
PAID SICK TIME
Time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in §
132-3 of this article, but in no case shall the hourly wage be less than that provided under N.J.S.A. 34:11-56a.
REGISTERED APPRENTICESHIP PROGRAM
An apprenticeship program that is registered with and approved
by the United States Department of Labor and which meets not less
than two of the following requirements:
A.
Has active, employed, registered apprentices;
B.
Has graduated apprentices to journey worker status during a
majority of the years that the program has been in operation; or
C.
Has graduated apprentices to journey worker status during three
of the immediately preceding five years, provides each trainee with
combined classroom and on-the-job training under the direct and close
supervision of a highly skilled worker in an occupation recognized
as an apprenticeable trade and meets the program performance standards
of enrollment and graduation under 29 CFR Part 29, Section 29.63.1.
RETALIATION
The denial of any right guaranteed under this article and
any threat, discipline, discharge, suspension, demotion, reduction
of hours, or any other adverse action against an employee for the
exercise of any right guaranteed herein, including for filing a complaint
or informing any person about any employer's alleged violation
of this article; cooperating with the Agency in its investigations
of alleged violations of this article; participating in any administrative
or judicial action regarding an alleged violation of this article;
and informing any person of his or her potential rights under this
article.
Any employer who violates the provisions of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000.
Each day on which a violation of this article exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine. In addition to the fines set forth above,
any employer who violates this article is subject to payment of restitution
in the amount of any paid sick time unlawfully withheld.
Employers shall allow the Agency reasonable access to records
and to monitor compliance with the requirements of this article. An
employer's failure to maintain or retain adequate records documenting
hours worked by an employee and paid sick time taken by an employee
creates a rebuttable presumption that the employer has violated this
article, absent clear and convincing evidence otherwise.
This article provides minimum requirements pertaining to paid
sick time and shall not be construed to preempt, limit, or otherwise
affect the applicability of any other law, regulation, requirement,
policy, or standard that provides for greater accrual or use by employees
of sick time, whether paid or unpaid, or that extends other protections
to employees.
If any provision of this article or application thereof to any
person or circumstance is judged invalid, the invalidity shall not
affect other provisions or applications of the Ordinance that can
be given effect without the invalid provision or application, and
to this end the provisions of this article are declared severable.
This article will take effect 120 days following enactment,
except that in the case of employees covered by a collective bargaining
agreement in effect on the effective date prescribed herein, this
article shall apply on the date of the termination of such agreement
unless the collective bargaining agreement expressly waives the protections
set forth in this article.