Borough of North Plainfield, NJ
Somerset County
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[Ord. #659, S 1]
As used in this Section:
SICK LEAVE
Shall mean paid leave granted to a Borough employee who because of sickness or injury becomes disabled to a degree that makes it impossible for him to perform the duties of his position or, who is quarantined by a physician because he has been exposed to a contagious disease.
[Ord. #659, S 2; Ord. #811, S 1]
Full-time employees shall be eligible for sick leave in the manner hereinafter set forth. Permanent part-time employees shall be eligible for sick leave on a pro-rata basis. Temporary part-time and seasonal employees shall not be eligible for sick leave. Unless otherwise designated to the contrary, "employee" shall mean "full-time employee." Full time employee is defined as an employee who regularly works at least 35 hours per week.
[Ord. #659, S 3; Ord. #08-11, §§ 2—10]
a. 
Each employee shall be entitled to sick leave on the basis of 15 days for each year. In the first year of employment, an employee shall be entitled to sick leave on a pro-rata basis per month. An employee who leaves the employ of the Borough during the calendar year voluntarily or involuntarily shall be entitled to a pro-rata share based on the number of months/weeks worked.
b. 
Upon an employee's retirement from service with the Borough and provided he is qualified for and is approved for benefits by the Public Employees' Retirement System or Police and Firemen's Retirement System under the Service, Deferred, Special, Early, Mandatory, Ordinary Disability, or Accidental Disability Retirement programs of either system, such employee shall be entitled to pay at the pay rate for his position as of the date of retirement equivalent to 1/2 per full day of verifiable sick leave accumulated and not previously used up to and including the first 90 days of such accumulated sick leave and five-sixths (5/6) day per full day of verifiable sick leave accumulated and not previously used in excess of 90 days of such accumulated sick leave up to and including the one hundred eightieth (180th) day of such accumulated sick leave. An employee shall not, upon retirement, be entitled to any payment or credit for sick leave accumulated and not previously used in excess of 180 days.
1. 
Any eligible employee who retires on or before June 30, 2009 shall be entitled to receive payment under this subsection based on the employee's daily rate of pay at the time of retirement without a monetary cap;
2. 
Any eligible employee hired before January 1, 2000 who retires under this subsection and who retires after June 30, 2009 shall be paid for eligible sick leave in their daily rate of pay in effect as of December 31, 2007 in a total amount not to exceed that total/value amount they had as to their eligible sick leave as of December 31, 2007. Therefore, if their total sick leave value as of December 31, 2007, was $30,000, they could collect no more than $30,000 at the time of eligibility to receive such payment.
3. 
Any employee hired on or after January 1, 2000, who retires under this subsection, shall not be eligible to receive payment for eligible sick days in excess of $15,000.
c. 
In the event of an employee's death prior to retirement such employee's estate shall be entitled to pay at the rate for the deceased employee's position as of the date of death equivalent to 1/2 day per full day of verifiable sick leave accumulated and not previously used up to and including the first 90 days of such accumulated sick leave and five-sixths (5/6) day per full day of verifiable sick leave accumulated and not previously used in excess of 90 days of such accumulated sick leave up to and including the one hundred eightieth (180th) day of such accumulated sick leave. An employee's estate shall not be entitled to any payment or credit for sick leave accumulated and not previously used in excess of 180 days.
1. 
Any eligible employee who retires on or before June 30, 2009 shall be entitled to receive payment under this subsection based on the employee's daily rate of pay at the time of retirement without a monetary cap;
2. 
Any eligible employee hired before January 1, 2000 who retires under this subsection and who retires on or after June 30, 2009 shall be paid for eligible sick leave in their daily rate of pay in effect as of December 31, 2007 in a total amount not to exceed that total/value amount they had as to their eligible sick leave as of December 31, 2007. Therefore, if their total sick leave value, as of December 31, 2007, was $30,000 they could collect no more than $30,000 at the time of eligibility to receive such payment.
3. 
Any employee hired on or after January 1, 2000, who retires under this subsection, shall not be eligible to receive payment for eligible sick days in excess of $15,000.
d. 
(Reserved)
e. 
(Reserved)
f. 
There shall be no limitation, except as may be provided by statute, ordinance or other law, rule and/or regulation, as to the amount of sick leave days an employee may accumulate and utilize during his/her term of service, in accordance with the provisions of this Chapter. However, the use of such sick leave shall be subject to discipline for excessive absenteeism, patterned absenteeism and/or any other violation the Borough may determine for abuse of sick leave.
[1]
Editor's Note: See also Section 2-41, Criminal History Record Background Checks of Prospective Recreation Volunteers.
[Ord. #659, S 4; Ord. #08-11, SS 11—13]
a. 
When an employee is absent from work because of sickness, injury or quarantine for more than five consecutive work days, his supervisor shall require the employee, at the employee's expense, to submit an acceptable medical certificate from a physician relating to such illness, injury or quarantine.
b. 
When an employee has been absent on sick leave for periods totaling in excess of 10 days in one calendar year consisting of periods of less than five consecutive work days, his supervisor shall require the employee, at the employee's expense, to submit an acceptable medical certificate from a physician before approving any additional sick leave in that calendar year.
c. 
An employee's supervisor may require medical proof of an employee's incapacity whenever an employee is on sick leave provided the requirement appears reasonable and demand for such proof is timely made. In such event the employee shall produce such proof. If satisfactory medical proof is produced, Borough shall reimburse employee the reasonable expense of obtaining same.
d. 
Abuse of sick leave shall be cause for disciplinary action.
e. 
An employee who intends to take sick leave shall notify his/her supervisor of such intention as soon as is reasonably possible under the circumstances, but no later than 15 minutes prior to the start of the employee's work day. An employee on sick leave shall notify his supervisor of his place of recuperation and shall permit his supervisor or his supervisor's designee access and entry to such place during the continuance of sick leave.
f. 
An employee shall submit to such medical examinations as shall be required by his Department Head. In any such case in which a medical examination pursuant to this paragraph is required, the cost of such examination shall be borne exclusively by the borough.
[Ord. #659, S 5]
Accumulated sick leave may be used by an employee for personal sickness, injury, quarantine, or for the sickness or injury of a member of his immediate family, provided, however, sick leave used because of sickness or injury of a member of an employee's immediate family shall be limited to five days per calendar year.
a. 
Definition. As used in this Section:
IMMEDIATE FAMILY
Shall mean an employee's spouse, children, minor children over whom employee has custody, parents or other relatives by blood or marriage of the employee and who are actually residing in and are members of the employee's household.
[Ord. #659, SS 6-7; Ord. #08-11, § 14]
a. 
Absence Not Charged Against Employee's Sick Leave. Absence from employment caused by personal injury, incapacitating an employee to a degree that makes it impossible for the employee to perform the duties of his position shall not be charged against the employee's accumulated or anticipated sick leave if such personal injury was caused by accident arising out of and in the course of the employee's employment with the Borough.
b. 
Definition. As used in this Section:
WORK RELATED INJURY
Shall mean a personal injury caused by accident arising out of and in the course of an employee's employment with the Borough.
c. 
Decision by the Division of Workmen's Compensation on Appeal. A decision by the Division of Workmen's Compensation or court of competent jurisdiction on appeal that an injury is or is not compensable under the Workmen's Compensation Act shall be conclusively binding on the Borough and the employee that the injury is or is not work related. A decision by the Division of Workmen's Compensation or court of competent jurisdiction on appeal as to the duration of temporary disability shall be conclusively binding on Borough and the employee as to the duration of disability.
In the event of a temporary disability, of lesser duration than the Workmen's Compensation Act waiting period, the decision of the Borough's Workmen's Compensation insurance carrier to pay any benefits, including medical expenses, shall be conclusively binding on the Borough and employee that the injury is or is not work related.
d. 
Irrespective of the provisions above, sick leave shall be charged to an employee for the first seven work days of the injury pursuant to the Borough's temporary disability policy. If the employee qualifies for temporary disability and/or workers compensation, he/she shall have said sick leave restored. Additionally, travel to and from the Borough shall not constitute employment under this Chapter for eligibility under this subsection. Claims under the provisions of this subsection must be made, in writing, to the Borough as soon as possible after the work related injury has occurred, but no later than the close of the next business day after the work related injury has purportedly occurred.
[Ord. #659, S 8; Ord. #08-11, S 15]
An employee sustaining a work related injury disabling him/her to perform the duties of his/her position, shall, during the period of such disability and such period is limited by statute, be entitled to leave with full pay without such leave being charged against accumulated or anticipated sick leave provided; however, the employee will be obligated to expend seven sick leave days prior to the eligibility for such pursuant to the Borough's temporary disability policy. Furthermore, any payments made to the employee by worker's compensation or disability on a temporary or permanent benefits basis while the employee is receiving pay from the Borough shall reimburse the Borough with such monies or the Borough shall deduct such amounts from the full pay the employee receives. If the employee qualifies for temporary disability and/or workers compensation, he/she shall have said sick leave restored. In the event the employee shall have received benefits from the Borough under this subsection in excess of the period of time ultimately determined by the Division of Workmen's Compensation or court of competent jurisdiction on appeal as to the duration of temporary disability, the employee shall reimburse the Borough in full amount of any excess payments. In the event there shall be a disagreement between the employee and the Borough over the duration of temporary disability caused by work related injury which such disability shall be for a period less than the Workmen's Compensation Act waiting period for temporary disability benefits, such disagreement shall be resolved through the grievance procedure in effect for the employee's department.
[Ord. #596, S 7; Ord. #08-11, S 16]
All employees appointed or hired on a full time basis by the Borough and whose salary is fixed by ordinance or collective bargaining agreement shall be retired at the applicable age in accordance with law.
[Ord. #08-11, S 17]
a. 
An employee who is entitled to vacation leave under any provisions of the Borough Code, any Borough ordinance and/or any Borough resolution shall not be entitled to carry over more than one full year's vacation entitlement into the following calendar year. Said carryover must be approved by the Administrator in writing prior to the carry over. If the carried over vacation is unused in the following year, the leave shall be forfeited.
b. 
Any employee who has accumulated vacation leave as of December 31, 2007 and who has been employed by the Borough on or before December 31, 2007 shall be entitled to be compensated for unused accumulated leave time at the employee's daily rate as of December 31, 2007 and capped at the amount of days/pay as of December 31, 2007 shall be eligible for payment for eligible employees. An employee entitled to payment for vacation is defined as an employee who retires under an applicable retirement provision pursuant to PFRS/PERS or resigns voluntarily or dies while employed. Disciplinary termination and/or involuntary resignation or conviction of a crime deems an employee ineligible for payment of accumulated vacation time.