Township of Ocean, NJ Paid and Unpaid Time Off Policies

§ 57-77 Scope.

These policies cover nonunion employees. They also cover union employees to the extent that their collective bargaining agreements do not cover these issues.

§ 57-78 Paid Holiday Policy.

Reference Code of Township of Ocean § 57-10.

Employees are entitled to the following paid holidays:

	New Year's Day
	Martin Luther King's Birthday
	President's Day
	Good Friday
	Memorial Day
	Independence Day
	Labor Day
	Columbus Day
	Veterans Day
	Thanksgiving Day
	Day after Thanksgiving
	1/2 Day Christmas Eve
	Christmas Day

A holiday falling on a Saturday will be observed on the preceding Friday, and a holiday falling on a Sunday will be observed on the following Monday.

To be eligible for holiday pay, employees must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday, unless employee utilizes vacation day for same, which must have been approved in advance.

§ 57-79 Vacation Leave Policy.

Reference Code of Township of Ocean § 57-24.

Vacation time off with pay is available to eligible permanent full-time employees to provide opportunities for rest, relaxation, and personal pursuits. Employees shall receive an annual allotment of vacation leave based upon their length of employment specified below:

Years of Service (after)	Terms of steps (years)	Maximum Accumulation Per Year (days)
0 to 6 months	0	0
6 months		5
3	4 to 8	15
8	9 to 13	20
13	14 to 18	23
19	20 to 24	25
24	25 and over	30

Days earned shall be computed by determining the completed full years of service as of date of hire.

If an employee resigns during the year, his/her vacation time will be prorated for the year, and if more vacation time has been used than earned, then that excess use will be subtracted from the final compensation due to the employee.

All vacation time must be used during the same twelve-month calendar period. A maximum of five days can be carried over from one year to the next but only with the written prior approval (which approval must be received prior to December 31) of the Township Committee. In no case shall any employee start the year with any more than one year due vacation time plus five days. Accumulated unused vacation time, not to exceed five days as set forth hereinabove from a prior year, must be used within the first three months, i.e., between January 1 and March 31 of the next calendar year. Any vacation time not used as of March 31 will be lost. Vacation time is not cumulative. The Township Committee, in its discretion, and based upon the inability of an employee to use certain vacation days due to extraordinary reasons or workload in an employee's department, may grant an extension of this deadline by resolution. However, the employee must make written request for such extension before the three months have expired.

All accumulated vacation time from the previous year shall be used before an employee may use any of the current year's vacation time.

All vacations will be scheduled so as not to interfere with the operations of the department to which the employee is assigned.

All vacations are subject to the approval of the Committee member in charge of personnel and depend upon the work of the Township permitting such vacation leave when requested.

Vacation time off is paid at the employee's regular pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentives or shift differentials.

With respect to vacation benefits during an employee's first year of service, such vacation benefits shall be calculated as follows:

(1)

Any employee who commences employment with the municipality from January 1 through June 30 of any calendar year shall receive five vacation days after successful completion of the ninety-day "introductory" period.

(2)

Any employee hired after June 30 in any calendar year shall be entitled to one vacation day for each month of employment, but shall not be eligible for same until after the completion of their ninety-day introductory period. Any such vacation time which is earned must be utilized prior to December 31 of the calendar year. As of January 1 of the next succeeding calendar year, all employees hired during the preceding year shall be entitled to 10 days of vacation time.

§ 57-80 Personal Leave Policy.

Reference Code of Township of Ocean § 57-18.

The Township may, in its discretion, provide leaves of absences without pay to eligible employees who wish to take time off from work duties to fulfill personal obligations. Employees in the following employment classifications are eligible to request personal unpaid leave as described in this policy:

(1)

Regular full-time employees.

Employees are entitled to one floating and three personal days per year and any unused days are forfeited at the end of each calendar year.

If an employee resigns during the year, his/her personal and float time will be prorated for the year, and if more personal and float time has been used than earned, then that excess use will be subtracted from the final compensation due to the employee.

§ 57-81 Sick Leave Policy.

Reference Code of Township of Ocean § 57-12.

Immediately after a ninety-day introductory period, all permanent full-time employees will earn sick time at a rate of 1 1/4 days for each-month worked up to maximum of 15 days each year. Sick days are calculated according to the calendar year.

Sick leave is to be used only in cases where the employee is ill and unable to work, or in cases of illness of a family member. Employees absent on sick leave for three or more consecutive working days must submit a doctor's verification of illness or injury. If an employee is attending to an immediate family member, including civil union partner, a doctor's verification of that individual is required.

Abuse of sick leave may subject employees to disciplinary action. The Township reserves the right to request a medical doctor's excuse from employees suspected of sick leave abuse.

Prior to the return to work, the Township of Ocean may require an employee to be examined by a physician designated by the Township of Ocean to verify fitness to return to normal duties. An employee will not be permitted to return to work until the verification is received.

Unused medical leave/sick leave will accumulate from year to year. Accumulated medical leave/sick leave exceeding 85 days can be purchased back by the municipality. The "buyback" cannot exceed 10 days in any given year and is bought back at the employee's rate of pay. Upon retirement or termination of employment an employee is entitled to earn medical leave/sick leave at the employee current rate of pay, not to exceed 85 days and not to exceed $15,000.

If an employee resigns during the year, his/her unused medical leave/sick time will be prorated for the year, and if more medical leave/sick time has been used than earned, then that excess use will be subtracted from the final compensation due to the employee.

§ 57-82 Bereavement Leave Policy.

Reference Code of Township of Ocean § 57-13.

Permanent full-time employees who wish to take off with pay due to the death of an immediate family member should notify their supervisor immediately. Bereavement pay is calculated based on the regular pay rate at the time of absence and will not include any special forms of compensation, such as incentives or shift differentials. Eligible employees shall be granted five days' leave with pay upon the death of an immediate family member. However, upon the death of an employee's spouse or child, the employee shall be granted 10 days' leave. With respect to all other individuals contained within the definition of "immediate family member," the employee shall be provided five days' leave.

The Township defines "immediate family member" as the employee's spouse, parent, child, grandchild, sibling, mother-in-law, father-in-law, or grandparents.

In addition, permanent full-time employees shall be entitled to one day of bereavement leave, with pay, upon the death of an extended family member.

The Township defines "extended family member" as an aunt or uncle (sibling of employee's parents); the spouse of employee's parent, child or sibling; the child or sibling of employee's spouse; or the child of employee's sibling (i.e., niece or nephew).

In addition to the above, any eligible employee may utilize any unused personal days for the year in question to extend any such bereavement leave.

§ 57-83 Jury Duty Policy.

Reference Code of Township of Ocean § 57-14.

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.

§ 57-84 Leave of Absence Policy.

Employees may be granted a personal leave of absence for up to six months at the sole discretion of the Township Committee if the leave does not cause undue operational disruption. The leave must include the use of any accrued vacation and sick leave time, regardless of the length of leave requested. The portion of the leave that runs beyond the exhaustion of vacation and sick leave will be without pay or longevity credit. In exceptional circumstances, the Township of Ocean may extend a leave of absence for an additional six months, if such extension is considered in the best interests of the Township of Ocean.

Personal leaves are not granted for the purpose of seeking or accepting employment with another employer, or for extended vacation time. Employees on personal leave of absence for more than two weeks in any month will not receive holiday pay, and will not accrue personal leave, sick leave or vacation time for that month. Health benefits may also be impacted. Refer to the Township of Ocean Benefits Policy. Reference Code of Township of Ocean § 57-34.

A personal leave is granted with the understanding that the employee intends to return to work for the Township of Ocean. If the employee fails to return within five business days after the expiration of the leave, the employee shall be considered to have resigned.

§ 57-85 Family and Medical Leave Act Policy.

Employees may be eligible for an unpaid family and medical leave under the federal Family and Medical Leave Act ("FMLA"). Employees also may be eligible for family and/or medical leave pursuant to the New Jersey Family Leave Act ("FLA"). In order to be eligible for such leave, employees must have: one year of service with [the local unit type]; and, at least 1,000 hours of work (for New Jersey leave) and 1,250 hours of work (for federal leave) during the previous 12 months and is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of the worksite (for federal leave). Eligible employees may receive up to 12 weeks of leave per year (FMLA) or 12 weeks every 24 months (FLA).

During the leave period, the employee's health benefits will be continued on the same conditions as coverage would have been provided had the employee been employed continuously during the entire leave. The employee will not continue to accrue vacation, sick or personal days for the period of the leave. The employee will receive seniority credit for the time that the employee has been on leave under this section. At the conclusion of the leave period, an eligible employee is entitled to reinstatement to the position the employee previously held or to an equivalent one with the same terms and benefits that existed prior to the exercise of leave.

Upon written notice, eligible employees are entitled to a family or medical leave for up to 12 weeks to care for a newly born or adopted child or a seriously ill immediate family member, including civil union partner, or for the employee's own serious health condition that makes the employee unable to perform the functions of the employee's position. Eligible employees who take leave under this policy must use all accrued available vacation and personal days during the leave. The use of accrued time will not extend the leave period. After exhausting accrued time, the employee will no longer be paid for the remainder of the leave.

The period of leave must be supported by a physician's certificate. An extension past 12 weeks can be requested, but medical verification of the need must be submitted prior to the expiration of the leave. The Township of Ocean reserves the right to deny any request for extended leave. Additional information concerning the Family Leave Policy and eligibility requirements are available from the (Personnel Administrator title).

Commencing July 1 2009, Family Temporary Disability ("FTD") payments for up to six weeks in a twelve-month period will become available for eligible employees who are caring for a seriously ill immediate family member who is incapable of self-care or care of a newborn or adopted child. To be eligible, the employee must have worked at least 20 weeks at minimum wage within the last 52 weeks or earned 1,000 times the minimum wage. The weekly benefit is 2/3 of weekly compensation up to a maximum of $524 per week (this amount is subject to change). FTD will run concurrently with FMLA and/or FLA leaves and there is a one-week waiting period. Employees may also be required to use accrued sick, vacation or personal leave for up to two weeks.

Employees taking paid family leave in connection with a family member's serious health condition may take leave intermittently or consecutively. Intermittent leave is not available for the care of a newborn or adopted child. Intermittent leave may be taken in increments necessary to address the circumstances that precipitated the need for leave. An employee seeking intermittent paid family leave is required to provide the Township of Ocean with 15 days' notice unless an emergency or other unforeseen circumstance precludes prior notice. The employee seeking intermittent leave shall make a reasonable attempt to schedule leave in a nondisruptive manner. Employees requesting such leave shall provide the Township of Ocean with a regular schedule of days for intermittent leave.

Employees may also be eligible for an unpaid leave for up to 26 workweeks in a year to care for a family member on active duty in the military or a covered veteran (a covered veteran is an individual who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran) with a serious injury or illness incurred in the line of duty on active duty for which the service member is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, or up to 12 weeks in a year for a qualifying exigency. A qualifying exigency occurs when a military member is called to covered active duty (requires deployment to a foreign country) and a close member of his/her family must attend official ceremonies or family support or assistance meetings, there is a short-notice deployment, to attend to child care matters, attend to financial and/or legal matters, or counseling. A serious injury or illness means an injury or illness incurred by a covered service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating.

FMLA definition of "serious injury or illness."

(1)

A serious injury or illness also means an injury or illness that was incurred by the covered veteran in the line of duty on active duty in the Armed Forces or that existed before the veteran's active duty and was aggravated by service in the line of duty on active duty, and that is either:

(a)

A continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member's office, grade, rank, or rating; or

(b)

A physical or mental condition for which the veteran has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50% or greater, and the need for military caregiver leave is related to that condition; or

(c)

A physical or mental condition that substantially impairs the veteran's ability to work because of a disability or disabilities related to military service, or would do so absent treatment; or

(d)

An injury that is the basis for the veteran's enrollment in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

(2)

Any one of these definitions meets the FMLA's definition of a serious injury or illness for a covered veteran regardless of whether the injury or illness manifested before or after the individual became a veteran.

Upon employer's request, an employee must provide a copy of the covered military member's active duty orders to support request for qualifying exigency leave. In addition, upon an employer's request, certification for qualifying exigency leave must be supported by a certification containing the following information:

(1)

Statement or description of appropriate facts regarding the qualifying exigency for which leave is needed;

(2)

Approximate date on which the qualifying exigency commenced or will commence;

(3)

Beginning and end dates for leave to be taken for a single continuous period of time;

(4)

An estimate of the frequency and duration of the qualifying exigency if leave is needed on a reduced scheduled basis or intermittently; and

(5)

If the qualifying exigency requires meeting with a third party, the contact information for the third party and description of the purpose of the meeting.

Eligible employees may also take leave to care for a military member's parent who is incapable of self-care when the care is necessitated by the member's covered active duty. Such care may include arranging for alternative care, providing care on an immediate basis, admitting or transferring the parent to a care facility, or attending meetings with staff at a care facility.

Employees who request qualifying exigency leave to spend time with a military member on rest and recuperation may take up to a maximum of 15 calendar days. Upon an employer's request, an employee must provide a copy of the military member's rest and recuperation leave orders, or other documentation issued by the military setting forth the dates of the military member's leave.

§ 57-86 Domestic Violence Leave.

The New Jersey Security and Financial Empowerment Act, also known as the "NJ SAFE Act" provides protection for employees and their family members who have been the victim of domestic violence or sexual assault. Employees are entitled to 20 days of unpaid protected leave from work to:

(1)

Seek medical attention for physical or psychological injuries;

(2)

Obtain services from a victim services organization, pursue psychological or other counseling;

(3)

Participate in safety planning for temporary or permanent relocation;

(4)

Seek legal assistance to ensure health and safety of the employee or the employee's relative; or

(5)

Attend, participate in, or prepare for a criminal or civil court proceeding relating to an incident of domestic or sexual violence.

To be eligible for the leave, an employee must meet the following criteria:

(1)

The employee or their child, parent, spouse or domestic partner must be a victim of domestic violence or a sexually violent offense;

(2)

The employee must have worked for the employer for at least 12 months and for at least 1,000 hours during the twelve-month period immediately preceding the requested leave; and

(3)

The twenty-day leave must be taken within one year of the qualifying event.

Employees may take leave on an intermittent basis but such leave cannot be shorter than one full day. To the extent the leave is foreseeable, employees must provide advance notice. In addition, employees seeking leave must provide proof that they qualify for the leave. Such proof may include restraining order, letter from a prosecutor, and proof of conviction, medical documentation or a certification from an agency or professional involved in assisting the employee.

In certain circumstances, the basis for the leave may also qualify under the federal Family and Medical Leave Act and/or the New Jersey Family Leave Act. If so, the Township of Ocean will treat the leave concurrently with the leave under those statutes. Employees may be required to use accrued paid vacation leave, personal time or sick leave concurrently.

The Township of Ocean shall protect the privacy of employees who seek leave by holding the request for leave, the leave itself or the failure to return to work "in the strictest confidence."

The Township of Ocean shall not retaliate, harass or discriminate against any employee exercising his/her right to take the leave provided by this policy.

§ 57-87 Military Leave Policy.

When a full-time employee (either permanent or temporary) who is a member of the reserve component of any United States Armed Forces or the National Guard of any state including the Naval Militia and Air National Guard is required to engage in field training or is called for active duty, the employee will be granted a military leave of absence for the duration of the service. The first 30 workdays of the leave shall be with full pay except that a member of the New Jersey National Guard shall receive full pay for the first 90 days. (Thereafter, the leave shall be without pay but without loss of time.) or (Thereafter, the employee shall be paid the difference between military salary and the employee's regular salary.) The paid leave will not be counted against any available time off including but not limited to vacation, sick or personal time. A full-time temporary employee who has served less than one year shall not be entitled to paid leave but shall be granted nonpaid military leave without loss of time.

Employees on military service will also continue to receive paid health insurance coverage during the period of the paid leave plus an additional 30 days calendar days after the paid leave is exhausted. After this period has expired, employees may continue coverage for themselves or their dependents under the Township of Ocean group plan by taking advantage of the COBRA provision. Members of the state-administered retirement systems (PERS and PFRS) will continue accruing service and salary credit in the system during the period of paid leave.

Pursuant to the Uniformed Services Employment and Reemployment Rights Act, any employee released from active duty under honorable circumstances shall return to work without loss of privileges or seniority within the following time limits: for service less than 31 calendar days, the employee must return to work on the beginning of the first regularly scheduled workday or eight hours after the end of military duty, with reasonable allowances for commuting; for service of 31 to 180 calendar days, the employee must submit an application for reinstatement within 14 calendar days after completing military duty; for service greater than 180 calendar days, the employee must submit an application for reinstatement within 90 calendar days after completing military duty.