[1]
Editor's Note: Sick leave provisions are subject to revision
per the terms of individual Labor Agreements.
[R.O. 1966 C.S. § 2:14-5.1]
Every employee, permanent, provisional, unclassified and grant
program employees, exclusive of Police Officers and Firefighters and
their respective uniformed superiors, shall be entitled to sick leave
with pay, based on their years of service and in accordance with N.J.S.
11:24A et seq. and the New Jersey Department of Civil Service Rules
and Regulations 4:1-17 et seq.
a.
Sick leave with pay shall accrue to any full time permanent provisional,
unclassified and grant program employees on the basis of one working
day per month during the remainder of the first calendar year of employment
after initial appointment and 15 days in every calendar year thereafter
to be credited on January 1 of each calendar year.
1.
Part time permanent, provisional, unclassified and grant program
employees shall be entitled to sick leave as prorated according to
the work schedule assigned to their class/classes of positions.
2.
Temporary and seasonal full time or part time employees hired for
short term employment shall not be entitled to sick leave credits.
b.
Any amount of sick leave allowance not used in any calendar year
shall accumulate to the employee's credit from year to year and is
to be used if and when needed for legitimate reasons as described
for such purposes.
c.
Generally an employee shall not be reimbursed for accured sick leave
at the time of termination of his/her employment nor shall accrued
sick leave arbitrarily be used to extend the time of retirement.
d.
Effective January 1, 1982, the City will allow eligible employees
who have accumulated unused sick leave to convert such time into a
cash payment at retirement in accordance with the following schedule.
Eligibility is contingent upon the provisions of the collective bargaining
agreement governing the employee's title except that employees whose
titles are not a part of any bargaining unit shall be eligible.
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The first 0-50 days
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no payment
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The following 51-150 days
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25% of value
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The remaining 151 and over
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50% of value
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Calculations shall be based on the average daily base permanent
salary, exclusive of longevity, overtime and all other compensation
of the employees, for the 12 months preceding the effective date of
retirement, with the total not to exceed $12,000. Effective January
1, 1985, for the purpose of conversion of unused sick leave to a cash
payment, the salaries of otherwise eligible employees serving in unclassified
titles shall be construed to be permanent salaries, and they shall
be entitled to receive payments in accordance with the schedule established
above.
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e.
Sick leave credits are transferable from one grant program to another,
or from a grant program to the City, or from the City to the grant
program.
f.
An employee who is or has been reemployed from a Civil Service re-employment
list shall be credited with the total accrued sick leave credits recorded
at the time of layoff or termination of his/her previous employment.
Otherwise voluntary resignation by an employee from the employ of
the City shall cancel sick leave credits.
g.
Sick leave credits shall continue to accrue while employee is on
sick leave with pay. Credits shall not accrue while an employee is
on leave without pay except in the case of military leave without
pay as specified by civil service regulations or pertinent law.
h.
Sick leave may be utilized by employees when they are unable to perform
their duties by reason of personal illness, accident or exposure to
contagious disease. Sick leave may also be used for short periods
because of death in the employee's immediate family or for attendance
(when necessary) of the employee upon a member of the immediate family
who is seriously ill. In the case of attendance required for a member
of the immediate family, proper notification and substantiation shall
be provided for approval by the appointing authority.
i.
Sick leave shall be used only for the reasons described above and
not for personal business or vacation purposes. Improper use of sick
leave shall be subject to disciplinary procedures.
j.
An employee using sick time shall furnish the City with sufficient
proof of need in accordance with the provisions of Title 11 New Jersey
Statutes and applicable Civil Service rules and regulations.
k.
After five days of continuous absence for sick leave or any other
circumstances of excessive use of leave as deemed appropriate by the
supervisor, an employee may be required to submit a medical certificate.
When an employee has used up all sick leave credits, the appointing
authority may, with the employee's approval, grant vacation credits
to the extent of such vacation credits. If the employee requires additional
time beyond sick leave and vacation accruals, the appointing authority
shall continue the employee on the active payroll with payroll deletions
for a period of 10 days. For time required beyond the 10 days, a permanent
employee shall be placed on sick leave without pay status.
l.
The employee who is to be absent for reasons that entitled him/her
to use sick leave shall be responsible to notify his/her immediate
supervisor at least within 30 minutes of the usual reporting time
of assignment, except in those work situations where notice must be
made prior to starting time.
Failure to report as noted above, may be cause for denial of
the use of sick time for that absence and may constitute cause for
disciplinary action.
m.
The City may consider an absence, by an employee, without notice
for five consecutive days to constitute a resignation not in good
standing. In the event the appointing authority deems it necessary
to terminate an employee for reasons as noted in this section, proper
notification on appropriate forms shall be made to the employee's
last known address, the Personnel Division, and the New Jersey Department
of Personnel.
n.
The appointing authority and the employee's supervisor shall be fully
responsible for the reporting, recording and certification of the
accrual and use of sick time credits.
o.
An employee hired on the first to the 15th of the month shall be
credited with a sick leave credit for the month. An employee hired
after the 15th of the month shall not accrue a sick leave credit for
that month. This applies only to the first month of the first calendar
year of service.
p.
An employee who is disabled either through injury or illness as a
result of or arising from his/her respective employment shall be responsible
to initiate the proper reporting procedures. The appointing authority
and supervisor shall be responsible for promptly notifying the Law
Department and the Personnel Division on the proper forms provided
for such instances. The Law Department shall take appropriate action
as provided by law.
[Ord. 6 S+FI, 6-29-1988 § 2:14-5.1]
a.
Effective April 1, 1988, an employee hired on the first day of the
month through the eighth day of the month shall receive a sick leave
credit of one day for the month. An employee hired on the ninth day
of the month through the 23rd day of the month shall receive a 1/2
day sick leave credit for the month. An employee hired on the 24th
day of the month through the last day of the month shall receive no
sick leave credit for the month.
b.
For the purposes of efficient sick leave scheduling and in accordance
with the above schedules, an employee may be credited with sick leave
(in each appropriate calendar year) prior to the leave actually being
earned with the assumption that the employee will be employed for
the full calendar year; however, an employee whose service is terminated
or is placed on leave of absence without pay prior to the end of the
calendar year shall have all non-earned used sick leave deducted from
his/her last paycheck.
c.
An employee whose service is terminated between the first and eighth
day of the month shall not receive sick leave credit for the month.
An employee whose service is terminated between the ninth and 23rd
day of the month shall receive one-half-day sick leave credit for
the month. An employee whose service is terminated on the 24th day
of the month and thereafter shall receive one-day sick leave credit
for the month.
[Ord. 6 S+FH, 10-4-1989 § 2:14-5.1]
a.
Effective June 1, 1989, any incumbent or employee thereafter appointed
to the title of Director, Department of Police, or Director, Department
of Fire, who held permanent Civil Service status with the City of
Newark in any title within the uniform ranks entitling him/her up
to one year sick leave immediately prior to the appointment to the
aforementioned titles, shall be entitled to receive up to one year
sick leave, subject to the relevant rules, regulations and General
Orders established by the Police Department or Fire Department of
the City of Newark.
b.
All employees appointed to the position of Director, Department of
Police, or Director, Department of Fire, who do not hold permanent
Civil Service status within the City of Newark in any of the uniform
ranks entitling them up to one year sick leave immediately prior to
the appointment to the aforementioned titles shall be entitled to
receive 15 days sick leave per year, which shall accrue and accumulate
in accordance with all relevant ordinances of the City of Newark.
