[Adopted 4-15-1980 by Ord. No. 80-12 as Part 1 of Ch. 40 of the 1979 Code]
[Amended 5-23-2000 by Ord. No. 00-19; 10-24-2023 by Ord. No. O-23-36; 12-19-2023 by Ord. No. O-23-40]
Unless provided with paid sick leave benefits under an applicable collective negotiations agreement or individual employment contract, all regularly employed and annually salaried employees of the Township and all regularly employed hourly, daily and weekly employees of the Township shall be eligible for sick leave allowance as provided in this article. Under no circumstances shall temporary employees of the Township be considered as coming within the benefits of the plan of this article.
A. 
All regular salaried employees and any supervisory personnel employed by the Township, shall be allowed 1 1/4 days of sick leave per full calendar month of each calendar year of employment. No sick leave credit shall be allowed for any period of employment less than a full calendar month.
[Amended 5-23-2000 by Ord. No. 00-19]
B. 
All regular hourly, daily or weekly employees, other than supervisory personnel employed by the Township, shall be allowed 1/2 day per full calendar month of employment during the first year of employment and 2/3 day per full calendar month of employment each calendar year after the first year of employment.
[Amended 5-23-2000 by Ord. No. 00-19]
C. 
The sick leave allowance of each employee shall accrue at the end of each calendar month of employment until the end of the first full calendar year of his or her employment; and thereafter such sick leave allowance shall accrue on an annual basis in advance on the first day of January of each year.
[Amended 5-23-2000 by Ord. No. 00-19]
Computation of sick leave allowance for regular hourly, daily and weekly employees shall be based on the number of hours which comprise a regular workday or workweek for the particular job or bureau in which the employee is engaged.[1]
[1]
Editor's Note: Former § 40-5, Leave for family illness, was deleted 5-23-2000 by Ord. No. 00-19.
[Amended 5-23-2000 by Ord. No. 00-19]
During sickness on permitted sick leaves as provided in § 48-3 and during leave for illness or death in the family, such as father, mother, child, sister, brother, grandfather, grandmother or anyone making his or her home with the member's family in such degree as to cause them to be regarded as a family member, as provided in § 48-7, pay shall be at the full rate so long as the employee's current and accumulated sick leave time has not expired; provided, however, that such sick leave with pay during permitted sick leaves provided in § 48-3 shall not continue for any period exceeding one year commencing from the date of such sickness. In all cases of absence for personal sickness or injury, the Director of the department may require the employee, in order to qualify for sick leave at full pay, to present a statement signed by a physician employed by the Township or other approved physician, attesting to the fact that such employee's absence from work was essential for the treatment and recovery from illness or bodily injury of such employee.
[Amended 7-22-1997 by Ord. No. 97-35; 5-23-2000 by Ord. No. 00-19]
Special leave may be granted in case of death of a member of the immediate family, as defined in § 48-5. Such special leave shall not exceed five days. In the case of the death of a current mother- or father-in-law, a leave of absence of three days may be allowed. In case of the death of a relative of the second degree (uncle, aunt, niece, nephew or cousin), a leave of absence of one day may be allowed. Special leave under this section, if approved by the Township Manager, shall be exclusive of allowance for sick leave and shall be at full pay.
[Amended 5-23-2000 by Ord. No. 00-19]
A. 
In the case of an employee suffering any illness or bodily injury compensable under the New Jersey Worker's Compensation Act, such compensation as may be prescribed by said Worker's Compensation Act during the period of his or her temporary disability shall not be charged against his or her sick leave. He or she shall receive full pay in accordance with § 48-5 and only the difference between full pay and the compensation received under the Worker's Compensation Act shall be charged against his or her sick leave.
B. 
If an employee shall be unable to perform his or her duties and shall be absent from work for a period greater than 10 consecutive working days by reason of temporary disability arising out of such a compensable injury or illness, which temporary disability is evidenced by the certificate of a physician employed by the Township or such other physician designated by the Township Council, the Council, by resolution, in its discretion may grant a special leave of absence to such employee for any part or all of the period of his or her absence exceeding such ten-day period, without any charge being made against the sick leave of such employee for the difference between his or her full pay and the compensation received under the Worker's Compensation Act.
C. 
In the event that an employee's sick leave allowance has been exhausted, the Township Council may, by resolution, extend the period of full pay for such time as it may deem desirable, and for the period of such extension the amounts paid in excess of those covered by the Worker's Compensation Act allowance may be charged against the future sick leave allowance of the employee.
D. 
In no case shall any employee receive full pay for any period exceeding one year commencing from the date of such illness or bodily injury.
[Amended 5-10-1983 by Ord. No. 83-19; 5-23-2000 by Ord. No. 00-19; 10-24-2023 by Ord. No. O-23-36]
A. 
Any regular salaried, hourly, daily, or weekly employee, hired on or after May 21, 2010, who shall retire from a state or locally administered retirement system shall have his or her accumulated sick leave allowances converted to a lump sum payment capped at a maximum of $15,000.
B. 
In accordance with N.J.S.A. 40A:9-10.2, any accumulated sick leave by any regular salaried, hourly, daily or weekly employee, hired before May 21, 2010, that such accumulation of sick leave not exceeding 130 days shall be converted to a lump sum payment upon retirement from a state or locally administered retirement system. Accumulations of less than 1/2 day shall be disregarded. Accumulations of 1/2 day or more shall be credited at the rate of one full day.
C. 
Accumulated sick leave for any officers or employees which are defined as "elected or appointed officials," hired on or before June 8, 2007, shall be compensated in accordance with N.J.S.A. 40A:9-10.2.
D. 
Effective December 31, 2023, no employee or officer of the Township of Montclair shall be entitled to convert accumulated sick leave to terminal leave.[1]
[1]
Editor's Note: Former § 40-10, Prior accumulations, was deleted 5-23-2000 by Ord. No. 00-19.
No later than the fifth business day of each month, the head of each department shall certify to the Township Manager all sick leaves taken by employees in such department during the calendar month immediately preceding. Such report, after approval by the Township Manager, shall immediately be forwarded to the office of the Chief Financial Officer.
Before making any payment on account of sick leave allowance for three days or more, the Township shall have the right to require the employee to furnish a certificate from a duly licensed attending physician stating the nature and gravity of the illness or injury and the probable duration of the absence.
If the absence continues beyond 10 days, the Township shall have the right to require at intervals, in its discretion and at its own expense, a satisfactory medical report by one or more physicians of the Township's own selection.
A. 
Sick leave allowance may be withheld or discontinued in the case of any disabled employee guilty of misconduct or willful action prejudicial to the Township's interest or to the public welfare as determined by the Township Council, whose decision shall be final.
B. 
Sick leave allowance shall be forfeited in the case of any employee shamming sickness and disability for work or otherwise guilty of malingering or fraud.
[Amended 9-18-1984 by Ord. No. 84-35; 11-10-1990 by Ord. No. 90-36]
The following schedule is hereby adopted as the vacation schedule for all salaried and hourly rate employees of the Township of Montclair, other than employees who are members of a bargaining unit whose contract provides for vacations:
A. 
Vacations shall accrue on January 1 of each year and shall be taken within one year thereafter. Accumulation of vacation time shall not be permitted, subject to the discretion and approval of the Township Manager, except:
[Amended 10-24-2023 by Ord. No. O-23-36]
(1) 
Vacation time or any part thereof not taken within a given calendar year by an employee due to the business demands of the Township shall be permitted to carry over into the next succeeding year only, provided that any vacation leave carried into a succeeding calendar year and not used in such calendar year shall be forfeited.
(2) 
Vacation time or any part thereof not taken in a given calendar year because of an employee’s duties directly related to a state of emergency declared by the Governor may accumulate at the Township Manager’s discretion until such vacation time is used.
B. 
Regular full-time employees shall, in the year of hire from the date of commencement of employment and the end of the same calendar year, be entitled to receive vacation time equal to 1/2 of a working day for each full calendar month of employment; provided, however, that such vacation shall be taken before the end of the calendar year in which the employment began and after the completion of a ninety-day probation period. Where the probationary term extends into the following year, any vacation earned herein must be taken within 90 days after completion of the probationary term.
[Amended 10-24-2023 by Ord. No. O-23-36]
(1) 
Regular full-time employees shall receive in their second calendar year, who have earned them as of January 1 of such year following the commencement of their employment, vacation days in accordance with the following schedule:
(a) 
For those hired between January 1 and March 31 of the previous calendar year, 12 days of vacation.
(b) 
For those hired between April 1 and June 30 of the previous calendar year, nine days of vacation.
(c) 
For those hired between July 1 and December 1 of the previous calendar year, six days of vacation.
(2) 
Regular full-time employees shall receive in calendar years three, four and five of their employment a vacation of 12 working days.
(3) 
Regular full-time employees having five years or more but less than nine years shall receive a vacation of 14 working days.
(4) 
Regular full-time employees having nine years or more but less than 19 years shall receive a vacation of 17 working days.
(5) 
Regular full-time employees having 19 or more years shall receive a vacation of 22 working days.
C. 
The Township Manager, Deputy Manager(s), Director of Finance, Director of Planning and Community Development, Municipal Clerk, Township Attorney, Director of Community Services, Director of Health and Human Services, Director of Recreation and Cultural Affairs, Director Administration, Director of Code Enforcement, Chief Information Officer, Director of Water Bureau and Sewer Utility, Municipal Tax Assessor, Director of Human Resources and Municipal Judge shall be entitled to 26 days of vacation per year.
[Amended 5-23-2000 by Ord. No. 00-19; 6-15-2004 by Ord. No. 04-34; 10-24-2023 by Ord. No. O-23-36]
D. 
Any regular full-time employee who resigns, retires or whose employment is terminated for any reason other than just cause shall be entitled to a vacation in the year such employment ends on a prorated basis, computed by the length of service schedule set forth in Subsection B above and the number of full calendar months of employment subsequent to January 1 of the year in which such resignation or termination becomes effective.
E. 
Additional vacation benefit for retirees hired before September 18, 1984. Any regular full-time employee hired before September 18, 1984, who retires from the service of the Township of Montclair in accordance with the Pubic Employees Retirement System (PERS) of the State of New Jersey shall be entitled to vacation in his or her final year of service totaling or equaling the full number of vacation days earned by the employee in his or her last year, based on length of service as set forth in Subsection B herein, without reduction or proration based on the number of calendar months worked in the year of retirement.
F. 
Regular part-time employees shall be entitled to vacation days on a prorated basis in accordance with their respective work schedules and length of employment.
G. 
Vacation schedules shall be arranged by the Director of each department, having due regard for the operating requirements of the department, the seniority of the employees and, insofar as practical, the requests of employees.
H. 
Notwithstanding the foregoing, no employee shall receive any vacation credit for any period of time during which he/she is away from service using accumulated sick leave allowance for terminal leave or leaves of absence statutorily provided for in the Family Leave Act.[1]
[1]
Editor's Note: See N.J.S.A. 34:11B-1 et seq.