This chapter may be referred to as the "Sick Leave Documentation Ordinance."
[HISTORY: Adopted by the City Council of the City of Garfield 10-26-2021 by Ord. No. 2904. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
A person who has fulfilled the requirements of certification as a domestic violence specialist established by the New Jersey Association of Domestic Violence Professionals.
A biological, adopted, or foster child, stepchild or legal ward of an employee, child of a domestic partner or civil union partner of the employee.
A county-wide organization with a primary purpose to provide services to victims of domestic violence, and which provides services that conform to the core domestic violence services profile as defined by the Division of Child Protection and Permanency in the Department of Children and Families and is under contract with the division for the express purpose of providing the services.
Stalking, any sexually violent offense, as defined in section 3 of P.L. 1998, c. 71 (N.J.S.A. 30:4-27.26), or domestic violence as defined in Section 3 of P.L. 1991, c. 261 (N.J.S.A. 2C:25-19) and Section 1 of P.L. 2003, c. 41 (N.J.S.A. 17:29B-16).
A domestic partner as defined in section 3 of P.L. 2003, c. 246 (N.J.S.A. 26:8A-3).
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.
Any person licensed under federal, state, or local law, or the laws of a foreign nation, to provide health care services, or any other person who has been authorized to provide health care by a licensed health care professional, including but not limited to doctors, nurses and emergency room personnel.
A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or of the employee's spouse, domestic partner, or civil union partner, or a person who stood in loco parentis of the employee or the employee's spouse, domestic partner, or civil union partner when the employee, spouse or partner was a minor child.
A biological, foster, or adopted sibling of an employee.
A husband or wife.
A.
In connection with sick leave used by an employee in the amount of three or more consecutive days, the employee's supervisor shall require, and the employee shall provide upon request, documentation substantiating the need for the use of sick time in accordance with the following:
Reason for Leave | Documentation Required | |
|---|---|---|
1. | 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; or | 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. |
2. | 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 | |
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. | 1. Medical documentation; or 2. A law enforcement agency record or report; or 3. A court order; or 4. Documentation that the perpetrator of the domestic or sexual violence has been convicted of a domestic or sexual violence offense; or 5. Certification from a certified domestic violence specialist or a representative of a designated domestic violence agency or other victim services organization; or 6. 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. | |
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. | A copy of the order of the public official or the determination by the health authority. | |
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. | Tangible proof of the school-related conference, meeting, function, or other event requested or required by a school administrator, teacher, or other professional staff member responsible for the education of the employee's child; or tangible proof of the meeting regarding care provided to the child of the employee in connection with the child's health conditions or disability | |
B.
Should an employee fail, upon request from the employee's supervisor in accordance herewith, to provide the required documentation set forth in this section in connection with a period of sick leave spanning three or more consecutive days, the employee shall be subject to discipline in the discretion of the City.
Any information the City comes to possess regarding the health of an employee or any family member of the employee or domestic or sexual violence affecting an employee or employee's family member shall be treated as confidential and not disclosed except to the affected employee or with the written permission of the affected employee.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court or federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
This chapter shall take effect immediately upon final passage.
Nothing in this chapter shall operate to amend, deny, or alter any provision of an applicable collective bargaining agreement.