[Adopted 6-25-1985 by Ord. No. 3799 (Ch. 61, Art. III of the 1986 Code)]
As used in this article, the following terms shall have the meanings indicated:
- TOWNSHIP OFFICIAL
- Any officer occupying any of the following positions: Township
Administrator; Assistant Administrator; Township Clerk; Treasurer
and Tax Collector-Tax Searcher; Township Attorney; Assistant Township
Attorney; Superintendent of Public Works; Supervisor of Accounts;
Chief Municipal Finance Officer; Construction Official/Secretary,
Board of Adjustment; Tax Assessor; Superintendent of Recreation; Director
of Economic Development; Municipal Court Administrator; Chief of Administrative
Services; Supervisor of Senior Citizens Activities; Police Director;
Director of Human Resources; Director of Recreation, Purchasing Agent.[Amended 4-24-1990 by Ord. No. 4084; 12-28-1995 by Ord. No. 4420; 6-9-1998 by Ord. No. 4542; 10-26-2004 by Ord. No. 4842; 12-9-2008 by Ord. No. 5076; 5-10-2011 by Ord. No. 5191; 3-26-2013 by Ord. No. 5262; 12-20-2016 by Ord. No. 5410]
The following official holidays, with pay, shall be observed by the Township unless an alternate day or an additional holiday is authorized by the Township Committee or the Township Administrator:
[Amended 4-24-1990 by Ord. No. 4084]
If a holiday falls on Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday; it shall be observed on the following Monday.
In the event that one of the official holidays hereinabove enumerated occurs during a Township official's vacation or while an official is on sick leave, no charge therefor will be made against the accrued balance of the official's account.
The Friday after Thanksgiving shall be considered as a paid holiday.
[Amended 10-26-2004 by Ord. No. 4842]
All Township officials shall receive vacation and personal leave in accordance with the following schedule:
Personal days: six per year.
Vacation and personal leave is assigned to the account of a Township official at the beginning of the calendar year. The Municipal Administrator shall be advised as to the vacations of all Township officials. Personal days may not be taken directly contiguous with vacations and shall not accumulate from year to year. A Township official's vacation leave may be accumulated from year to year upon written request to and approval of the Municipal Administrator, up to a limit of 150 days. This approval must be obtained for each year that the official desires to accumulate vacation leave. Accumulated leave may not be used without approval of the governing body.
A Township official may surrender and receive payment at the current rate of pay of up to 1/2 of his or her allotted vacation leave. The surrender and payment option must be implemented prior to January 31 of the current year by written request to and approval of the Municipal Administrator. The Township official's remaining allotment of vacation leave must be utilized in the current year if the surrender and payment option is utilized or the vacation leave shall be forfeited.
All Township officials shall receive 15 days' sick leave per annum.
Sick leave may be taken in the following circumstances:
The Township official is sick or disabled so that it is impossible or impracticable for him to perform his duties.
The Township official is quarantined by the Board of Health.
Illness in the immediate family of the Township official which requires his personal attendance. The term "immediate family," as used in this section, shall mean father, mother, grandparents, spouse, child, foster child, brother, sister, mother-in-law or father-in-law living in the same dwelling as the Township official.
The Municipal Administrator may request the Township official to submit official certificates or documents or to submit to a medical examination, at Township expense and by a doctor of the Township's choosing, that is necessary to establish the legitimacy of the Township official's use of sick leave. Failure of the Township official to comply with such a request may result in the disapproval of the sick leave by the Municipal Administrator. Sick leave may be accumulated without limit.
Absence due to injury or occupational disease received in the line of duty shall not be chargeable to the sick leave account of the Township official; provided, however, that such absence will be paid for a period not exceeding one year.
If sick leave over and above the allotted days is taken by the Township official or if the sick leave is taken after disapproval by the Municipal Administrator, such sick leave shall be charged as absence without pay.
If an official is required to serve jury duty, such an official shall be paid the regular rate of pay upon presentation of proper evidence of jury service and shall not be required to remit the jury pay to the Township.
Any pregnant Township official who requests a maternity leave of absence shall be required to apply to the Municipal Administrator, in writing, for such leave. The request shall be made as soon as the Township official has received medical proof that she is pregnant, and the request shall contain the date when the Township official desires the maternity leave to commence and a return date which shall not exceed 90 days from the date of delivery of the child; provided, however, that the period shall be extended if medical proof is submitted to support the grant of an extension beyond 90 days. The request for the leave shall be accompanied by a written medical statement that the date of the requested commencement of the leave of absence will not be harmful to the health or well-being of the Township official. In the event that a doctor, designated by the Township, advises the Township that a Township official is incapable of continuing her duties, the Township may then demand commencement of the leave at a time earlier than requested; provided, however, that no such extension or extensions may be granted for periods in excess of 30 days at one time. No such Township official on maternity leave shall receive any pay during the period.
The Township shall consider the official's requested date of return; however, the Township's determination shall be final and binding upon the Township official.
No official shall be required to return in less than 60 days from the date of delivery of the child, nor may a maternity leave exceed 90 days from the date of delivery, unless extended as hereinabove provided for. Maternity leaves may be approved, in writing, by the Municipal Administrator, designating the term thereof and the date of return to employment.
Leave of absence for maternity will be granted in accordance with the provision of the Federal Family and Medical Leave Act and the New Jersey Family Leave Act.
[Amended 5-10-2011 by Ord. No. 5191]
If a Township official fails to return to work on the termination of the leave, the official will be considered as having resigned.
Leave to members of the National Guard and to members of reserve components of the armed forces shall be granted in accordance with the statute in such case made and provided.
In the event of a death in the immediate family of a Township official, the Municipal Administrator shall grant three days' leave with pay. Such leave shall be in addition to vacation leave and sick leave.
"Immediate family," for the purposes of this section, is defined as father, mother, spouse, child, foster child, sister, brother, father-in-law, mother-in-law, grandfather and grandmother.
In the event of a death in the family other than as herein defined, a Township official shall be excused from duty on the day of burial without such absence being charged to any leave account.
The Municipal Administrator may grant the privilege of absence without pay to any Township official for a period not to exceed three months at any one time. Such leave of absence may be renewed for additional periods not to exceed three months by the Municipal Administrator, provided that the aggregate of all such leave shall not exceed a period of one year. Leave for periods of more than one year cannot be granted except upon approval of the Township Committee and/or the Department of Civil Service, where applicable. Notice of all leaves of absence without pay under this section and renewals thereof shall be forwarded to the Department of Civil Service, where required.
A request for approval of leave shall be made, in writing, to the Municipal Administrator. Such request, whenever possible, shall be made far enough in advance to permit adequate approval and to further permit duty coverage by another Township official.
Overtime put in by any Township official shall not be compensated by any extra pay or compensatory time, but shall be considered as part of the normal workweek of any official. An exception to the above may be made only with the approval of the Township Committee. This section shall not abrogate any state statutes governing overtime pay nor shall it be intended to deprive any Township official, as herein described, of any accumulated compensatory pay that may have already accrued to his or her salary account, which said sum shall be paid to him in addition to any other benefits provided for within this article.
[Amended 7-9-1996 by Ord. No. 4467]
A longevity payment shall be paid as hereinafter fixed and determined. Such longevity pay is to be considered as additional compensation based upon the length of service of said Township officials according to the following schedule:
For any person hired after July 1, 1996, who is not already employed by the Township of Union, longevity shall be:
Longevity pay shall not be provided to any Township official hired after October 1, 2013.
[Added 10-22-2013 by Ord. No. 5282]
[Amended 7-25-1989 by Ord. No. 4046; 10-26-2004 by Ord. No. 4842]
Township officials shall be entitled to the medical benefits package plan offering the greatest benefits in effect during any year.
The Township agrees to pay the premium for the continuance of all medical plans in existence at the date of voluntary termination for all Township officials, including recognized dependents, terminating said employment with the Township after 20 years of credited employment with the Township, provided that said official has reached the age of 50 years. Such coverage shall not be afforded to any official otherwise covered by any medical plan, and each such official terminating employment with the Township shall annually certify to the Treasurer of the Township of Union that as of the date of said certification said official is not covered by any other medical plan level offering the greatest benefits to any employee group presently employed by the Township.
Editor’s Note: See also Art. VIII, adopted 5-10-2011 by Ord. No. 5190, which ordinance clarified the health benefit policy of the Township and, in § 102-53, provided for the repeal of §§ 102-20 and 102-26 as to any inconsistencies with the ordinance and modification of the two sections to reflect the requirements of the ordinance.
Upon voluntary termination of employment or the death of a Township official, payment for all accumulated unused vacation leave and compensatory time earned as of December 31, 1984, shall be paid at the rate of pay for each official effective as of December 31, 1984. All accumulated unused vacation leave earned after December 31, 1984, shall be paid at the rate of pay in effect for the year earned. Payment shall be made to the Township official or to his or her estate in a lump sum or by a mutually agreeable schedule of payment.
Upon voluntary termination of employment of a Township official having reached the age of 50 years and having 15 years of honorable service or upon the death of an official having 15 years of honorable service, said official or his or her estate will receive a termination incentive bonus consisting of 40% of the monetary value of unused sick leave accrued as of December 31, 1984, paid at the rate of pay in effect on December 31, 1984, and 40% of the monetary value of unused sick leave accumulated after December 31, 1984, to be paid at the rate of pay in effect for the year earned. Payment may be made to the official or his or her estate in a lump sum or by a mutually agreeable schedule of payments.