A.
Sick leave with pay is a privilege granted to the
employee by the Borough to protect him from loss of income during
a period of illness or disability. Sick leave shall be authorized
up to the full extent of accumulated sick leave days. It shall be
granted to cover an employee's absence from duty because of personal
illness or nonoccupational injury by reason of which such employee
is unable to perform the usual duties of his position or for exposure
to contagious disease.
B.
Specific provisions.
(1)
Sick leave for full-time employees shall be granted at the rate of 12 days for each calendar year of service. No sick leave credits shall be earned by an employee during any month if he/she has been on leave of absence without pay for 15 consecutive calendar days. At the end of each year, every employee will be compensated for any unused sick days at the rate of 100% of the employee's established rate of pay. Employees hired prior to December 31, 1983, will be compensated for any unused sick days, at the rate of 100% of the employee's established rate of pay, and such days will also be applied to terminal leave (see § 49-30).
[Amended 4-3-1996 by Ord. No. 96-7-1142; 9-7-2005 by Ord No. 05-12-1299; 9-17-2008 by Ord. No.
08-20-1362]
(2)
Except in the case of a major illness, if an employee
uses more than the allotted 12 sick days in any one calendar year,
the employee shall have the option to have said additional days deducted
from the total number of terminal leave days accrued at that time.
If an employee elects not to have additional days deducted from terminal
leave, he/she shall be deemed to have elected to take those additional
days without pay. Any days that have been deducted from the terminal
leave days cannot be replaced.
(3)
In the case of a major illness, only six days will
be deducted from the 12 allotted sick days, and the employee will
be allowed to be out for up to four months with pay. In the event
that the illness requires more than four months, he/she will be charged
an additional six sick days and be able to take another four months
with pay. After all sick time has been used, any additional days shall
be deducted from the employee's accumulated terminal leave days or
from the employee's accumulated vacation days. (The employee gets
the option.) After an employee has been out for eight months with
pay for a major illness, he can no longer be out with pay for a recurrence
of the same or a directly related illness until such employee has
completed two years of employment after his return from the major
illness.
[Amended 4-3-1996 by Ord. No. 96-7-1142; 3-5-1997 by Ord. No. 97-7-1164; 12-5-2007 by Ord. No.
07-11-1339]
(4)
A "major illness" is defined as an illness that would
cause an employee to be unable to perform his or her duties and would
require an absence of more than 10 days. It would require a written
statement from the employee's physician certifying that the employee
is unable to perform his or her duties and specifying the employee's
particular illness and estimated length of absence.
[Amended 4-3-1996 by Ord. No. 96-7-1142]
(5)
Probationary employees are not eligible for sick leave
credits during the probationary period. However, such credits shall
be applied after an employee has gained permanent status. If the probationary
period runs through the end of a calendar year, and the employee gains
permanent status, sick days credit will be prorated for the purposes
of compensation for unused days.
[Added 4-7-1993 by Ord. No. 93-8-1088]
C.
No sick days shall be accumulated for terminal leave purposes, except in accordance with the provisions of Code § 49-30. If an employee is terminated prior to the year's end, said employee will be compensated on a prorated basis at the time of termination at the rate of 1/2 of the employee's established rate of pay for any unused sick days. An employee must extinguish his/her sick days for the current year prior to tapping into his/her terminal leave bank.
D.
The employee is responsible for notifying his supervisor
each time sick leave is taken. Direct telephone notification to the
immediate supervisor should be given as early as practical, normally
by 8:00 a.m., and, in the case of the Department of Public Works,
7:00 a.m., except in situations of extreme emergency. In the event
that the work of the employee is such that a substitute would be required,
the employee should make every effort to notify his supervisor prior
to the beginning of his workday. A doctor's certificate attesting
to the nature of the illness or disability, together with his approval
for return to work, may be required for an absence of three consecutive
working days or longer or whenever such request seems reasonable.
Absence for personal illness or noncompensable
disability shall be charged against accumulated sick leave days. The
department head may require proof of the illness or disability. He
may also decide to have the employee examined at the expense of the
Borough to ascertain the severity of his illness.
Failure to provide proper notification, failure
to submit such proof of illness or disability as may be required,
unsatisfactory evidence of illness or evidence indicating that the
physical condition of the employee was such as not to justify absence
from work or any other abuse of sick leave privileges shall be cause
for a hearing by the Personnel Board and possible dismissal from Borough
employment.
The department head may require an employee
who has been absent because of personal illness or disability, prior
to and as a condition of his return to work, to be examined, at the
expense of the Borough, by a physician designated by the Borough to
establish that he is able to perform his normal duties in a manner
that will not jeopardize his own health and safety or the health and
safety of other employees.
When an employee is transferred within the service
of the Borough, his accumulated sick leave credits shall be transferred
with him.
A.
A short leave, not to exceed three working days per
year, may be granted for serious illness, including childbirth of
a member of the employee's immediate family, which shall consist of
any such relative regularly residing with the employee.
B.
For death in the immediate family, absence from date
of death to and including the date of the funeral, not to exceed seven
calendar days, shall be allowed. Immediate family shall consist of
spouse, child, mother, father, brother, sister, stepchild, stepmother,
stepfather, guardian, mother-in-law, father-in-law, grandmother, grandfather,
grandchild, sister-in-law and brother-in-law.
C.
For personal business of an emergency nature, a supervisor
may, at his discretion, grant up to three days per year.
D.
Any emergency leave beyond the above provisions may
be granted without pay up to five working days per year upon approval
by the supervisor.
E.
All emergency leaves granted will be reported immediately
to the Borough Administrator.
Any full-time employee shall be entitled to
receive his usual compensation for each day he is excused for jury
service, less the amount of per diem fee for each day of such jury
service shown on a statement issued to the juror by the Sheriff or
other court officer making payment of juror fees.
The department head shall grant a leave of absence
with pay, not to exceed two weeks, to any employee required to undergo
field training as a member of the National Guard or of the military
forces of the United States. This leave shall be in addition to the
annual vacation leave. Payment shall be made to cover the differential,
if any, between service pay and normal salary.
A.
General. Injury leave payments constitute supplemental
payments to any employee who is absent from duty due to a qualifying
work-connected total disability.
B.
Qualifying disability. To qualify for injury leave
payments, an employee must:
(1)
Be absent due to an accident, illness or injury which
occurred while the employee was performing his duties;
(3)
Have been determined by the New Jersey Division of
Workmen's Compensation, under the terms of the New Jersey Workmen's
Compensation Law, to be eligible for compensation under that law;
(4)
Not have become disabled due to intoxication, use
of drugs or willful misconduct.
A.
Duration of injury leave payments. Injury leave payments
will be made for the period of the qualifying total disability, subject
to a maximum period of 90 calendar days, starting from the date that
each new separate qualifying injury is incurred. Reaggravation of
a previous injury is not a new separate qualifying injury.
B.
Amount of injury leave payment. Injury leave payments
shall be equal to the difference between the employee's regular rate
of pay for salaried employees or the regular base rate of pay for
per diem or hourly employees and the amount paid as workmen's compensation.
A.
During any period when the Borough is contesting the
employee's eligibility to receive benefits under the New Jersey Workmen's
Compensation Law, the employee may continue to receive full pay by
using accrued sick leave, vacation leave or compensatory time, if
any is available to the employee.
B.
In the event that the state determines that the employee
is eligible for total disability payments under the New Jersey Workmen's
Compensation Law for any such period, the accrued sick leave, vacation
leave or compensatory time so used shall be recredited to the employee's
balance and the amounts paid shall be credited to the Borough workmen's
compensation benefits and injury leave payments.
The Borough may require the employee to furnish
medical proof and to submit to medical examinations by physicians
selected by the Borough at the Borough's expense.
[Amended 9-18-1996 by Ord. No. 96-16-1151]
Those employees who were recorded on the payroll
as of December 31, 1983, shall receive, upon retirement, all unused
sick leave, not to exceed 180 days, accrued at the rate of pay established
by the employee's last yearly or highest yearly rate of pay applicable
to such member upon his retirement. At the employee's sole option,
he may take terminal leave with full pay and benefits in an amount
of time equal to the accumulated sick days. An employee entitled to
terminal leave may use unused sick leave (not to exceed 180) days
as terminal leave to complete 25 years of service. Should an employee
who has accumulated terminal leave die, the value of such accumulated
terminal leave shall be distributed to his/her spouse or to his/her
designated beneficiary.
A leave of absence without pay may be granted
by the Mayor and Council for a good cause to any employee for a period
up to six months. The leave may be extended by the Mayor and Council.
No employee shall receive more than 12 months' leave in any three-year
period. At the expiration date of such leave, the employee shall be
returned to the same or similar position from which he is on leave.
A.
A period of disability caused by pregnancy or recovery
therefrom shall be treated as would any other period of disability.
Sick leave with pay, to the extent available to the employee, may
be used by the employee to prevent loss of income during such a period
of disability. Such a period of disability shall not be considered
a newborn infant care leave.
B.
Any employee who bears a baby may, upon her request,
be granted a leave of absence without pay for the care of her newborn
infant, by the Borough Administrator. Such a leave of absence may
be requested for a period of up to six months, starting with the date
of delivery, and may be extended by the Borough Administrator to a
maximum of 12 months from the date of delivery.
A.
A leave of absence without pay may be granted by the
Borough Administrator to an employee for further education or training
for a period of time not to exceed one year.
B.
Prior to any extension of such leave or the granting
of a subsequent educational leave to an employee, a record of satisfactory
progress in the educational or training course being pursued must
be furnished by the employee to the Borough Administrator.
A.
Vacation. The period of time covered by an authorized
leave of absence will not be credited for the purpose of determining
subsequent vacation eligibility. Upon reinstatement, an employee will
receive vacation credit for only those years of service completed
prior to the period covered by the leave of absence.
B.
There shall be no accrual of credit for accrued sick
leave when a person is granted a leave of absence without pay, unless
such leave is for a period of less than half a month.
