As used in this article, the following terms
shall have the meanings indicated:
The sick leave allowed under § 48-27.
A working day or working days.
The absence of a member for sickness.
Illness or bodily injury arising from any cause, except illness
or bodily injury incurred in the line of duty.
For the purpose of sick leave allowances granted
under this article, "sickness" shall be defined as illness or bodily
injury from any cause.
Allowance for sick leave shall be made only
in accordance with the provisions of this article and the rules and
regulations relating to sick leave.
Members of the Department shall be allowed 15
days of sick leave in each year, calculated on a calendar-year basis.
Service as a member of the Department for any portion of a calendar
year shall entitle such member to the 15 days' sick leave allowance
in that calendar year.
During sickness on permitted sick leaves as provided in § 48-27 and during leave for illness or death in the family as provided in §§ 48-18 and 48-19, pay shall be at the full rate so long as the member's current and accumulated sick leave time has not expired; provided, however, that such sick leave with pay during permitted sick leaves provided in § 48-27 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 member, 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 member's absence from work was essential for the treatment and recovery from illness or bodily injury of such member.
No later than the fifth business day of each
month, the Chief shall certify to the Township Manager all sick leaves
taken by members of the 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.
A.
In the case of a member 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 § 48-28, 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 a member 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 member 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 member for the difference between his or her
full pay and the compensation received under the Worker's Compensation
Act.
C.
In the event that a member'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 member.
D.
In no case shall any member receive full pay for any
period exceeding one year commencing from the date of such illness
or bodily injury.
A.
Annual sick leave allowances not used by a regular
member of the Department may be accumulated during the first 12 years
of service, including service during his or her probationary year
as a probationary fire fighter, up to and including 50% of the unused
days of such sick leave allowance. Annual sick leave allowance not
used for years subsequent to the first twelve-year period may be accumulated
up to and including 75% of the unused days of such sick leave allowance.
The total accumulation of unused sick leave shall not in any event
exceed 225 days in the case of members whose employment with the Township
commenced prior to January 1, 1963, and shall not exceed 130 days
in the case of members whose employment with the Township commenced
on or after January 1, 1963. No accumulation shall be permitted by
a probationary fire fighter who is not appointed a regular member
of the Department.
B.
For purposes of memorializing the unused days of annual
sick leave allowance accumulated prior to November 25, 1952, the list
heretofore prepared under the direction of the Chief, setting forth
the names of all members of the Department and the number of unused
days of sick leave, if any, accumulated by each as of December 31,
1951, which list was signed by each member in a space provided opposite
his or her name and accumulation, shall for all purposes establish
the accumulation, if any, of each member prior to the date of such
list.
Accumulation of unused annual sick leave allowance, as provided in § 48-31, shall be calculated or computed subject to the following provisions:
A.
For the purpose of accumulating unused annual sick leave allowance in the first calendar year of service, sick leave shall be computed on the basis of 1 1/4 days per month for months actually served as a member, and the accumulation rate of 50% specified in § 48-31 shall be applicable only to such total of unused sick leave days.
B.
In computing years of service for the purpose of the increased accumulation rate of 75% specified in § 48-31, service of less than six months shall be disregarded and service of six months or more shall be regarded as one year's service.
C.
For the purpose of computing the unused days of the
annual sick leave allowance, fractions of days less than 1/2 shall
be disregarded and fractions of 1/2 or over shall be treated as a
full day.
D.
In computing months of service as a member, service
for any portion of a month shall be deemed to be service for the full
month.
A.
Any regular member of the Department who is in good
health, is eligible for retirement and applies for retirement may
convert accumulated sick leave allowance into a terminal leave at
full pay, to be taken immediately preceding the effective date of
his or her retirement.
B.
No vacation and no sick leave allowance shall accrue
or be credited for or during any terminal leave period as above defined.
C.
In the case of all absences on account of sick leave,
other than those compensable under the New Jersey Worker's Compensation
Act, and in all cases of terminal vacation, each period of seven consecutive
days of absence or terminal vacation shall be charged as five days
of sick leave or terminal vacation, as the case may be, exclusive
of legal holidays falling upon or being celebrated upon a working
day.
D.
In no event shall any terminal vacation period, together
with any other regular or special leave (including time-off days)
to which a retiring member may be entitled, extend beyond 45 calendar
weeks in the case of members whose employment with the Township commenced
prior to January 1, 1963, or beyond 26 calendar weeks in the case
of members whose employment with the Township commenced on or after
January 1, 1963.
