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Township of Egg Harbor, NJ
Atlantic County
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Table of Contents
Table of Contents
A. 
The legal holidays with pay which are observed by the Township, which are fixed by statute and to such other days as are determined by the Mayor and Township Committee to be observed as holidays, are as follows:
New Year's Day
Martin Luther King Day
[Added 2-13-1985 by Ord. No. 3-1985]
Presidents' Day
[Amended 1-25-1984 by Ord. No. 2-1984]
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
General Election Day
Veterans Day
Thanksgiving Day
Christmas Day
Christmas Eve (half day) [NOTE: If a Monday or Thursday, a full day is granted. If a Friday, a half day is granted on Thursday.]
[Amended 12-9-1998 by Ord. No. 42-1998]
Any day appointed, ordered or recommended by the Governor of this state or the President of the United States shall be a legal holiday.
B. 
If a holiday falls on a Sunday, it shall be observed on the following Monday. In the event that a holiday falls on a Saturday, it may be observed on Friday, at the discretion of the department head, or in lieu thereof, it may be moved to a suitable alternate day by mutual agreement or may, with the approval of the department head, be paid for in lieu of observance.
C. 
When a full-time employee is required to work on any legal holiday or any day determined by the Mayor and Township Committee to be observed as a holiday, he shall be entitled to compensatory time off, at a time approved by the department head. If not practicable by reason of shortage of available personnel, or for any other reason approved by the department head, in lieu of time off, he shall be compensated by straight time payment for the holiday in addition to regular payment for working.
D. 
In the event that a legal or official holiday occurs while an employee is on sick leave, he shall not have such holiday charged against his sick leave.
E. 
In the event that a legal or official holiday occurs during an employee's vacation leave, he shall not have such holiday counted as a day of his vacation leave, but he shall be entitled to a substitute day of vacation leave.
A. 
Scope and application. The sick leave regulations hereinafter set forth shall apply to full-time permanent employees, whether paid on an annual salary basis or on an hourly basis. Seasonal or part-time employees shall not accrue sick leave with pay.
B. 
General conditions. Sick leave is paid leave that may be granted to each full-time employee who is unable, through sickness or injury, to perform the duties of his position, or who is quarantined by a physician because he has been exposed to a contagious disease. A certificate from the employee's physician shall be required as sufficient proof of the need for sick leave. In case of sick leave due to a contagious disease or exposure to same, a certificate from the Township Department of Health shall be required.
C. 
Allocation. Full-time employees shall accumulate sick leave as follows:
(1) 
One working day per month beginning with the completion of work for a majority of the first calendar month of employment, to a total of 12 working days for the first calendar year.
(2) 
Commencing with the first calendar month of the second year of employment, 1 1/4 days per month shall be allowed and shall immediately be credited to the employee on the first day of the first calendar month of the second year of employment, as a total of 15 working days for the full second year. Sick leave must have been earned, however, in order to use same. The following is an example of the application of the provisions of this subsection: An employee has been a full-time employee for a period of one year and two months. If he had used no sick leave during the first year of employment, he would have ended the year with 12 working days of sick leave credit. He would have been credited with 15 days additional, on the first day of the first calendar month of the second year of employment, and therefore would have started the second year with a total of 27 days of credit. If, however, he was required in the third month of the second year of employment, to use his sick leave in excess of 14 1/2 days, no pay would be allowed for the excess since he would have only earned 14 1/2 days.
D. 
Accumulation of sick leave.
[Amended 4-13-1983 by Ord. No. 9-1983; 5-13-1992 by Ord. No. 23-1992; 11-21-1995 by Ord. No. 32-1996; 12-9-1998 by Ord. No. 42-1998]
(1) 
Sick leave can be accumulated to a total of 240 days during the employee's length of service; no further accumulation shall be allowed. The accumulation of leave shall be determined by the number of sick days used during the term of employment, and the balance shall be arrived at by deducting the number of sick days used based on 15 days per year. Thereafter, each employee shall receive the annual benefit of 15 days. Accumulated sick leave may be used by an employee for personal illness, illness in his immediate family which requires his attendance upon the ill member, quarantine restrictions, pregnancy or disabling injuries. No sick leave allowance shall be paid in case of dismissal or resignation, except as provided in this subsection.
(2) 
An employee who retires or resigns in good standing after completion of at least 10 consecutive full years of permanent full-time employment with the Township shall receive payment for unused sick leave at the rate of 25% of their annual salary at the date of such termination. A maximum payment of $7,500 shall be paid regardless of the number of sick days accumulated.
(3) 
An employee who retires or resigns in good standing after completion of at least 20 consecutive full years of permanent full-time employment with the Township shall receive payment for unused sick leave at the rate of 50% of their annual salary at the date of such termination. A maximum payment of $15,000 shall be paid regardless of the number of sick days accumulated.
(4) 
An employee who retires pursuant to the Public Employee Retirement System with a minimum of 25 continuous years of service as a permanent full-time employee of the Township shall receive payment for unused sick leave at the rate of 100% of their annual salary at the time of retirement. A maximum payment of $15,000 shall be paid regardless of the number of sick days accumulated. Any employee hired prior to January 1, 1990, shall receive a maximum of $30,000 regardless of the number of sick days accumulated.
(5) 
All employees hired after July 1, 1995, who retire or resign in good standing after completion of at least 10 consecutive full years of permanent full-time employment with the Township shall be entitled to a maximum of 25% of their annual salary at the date of such termination. Section 44-13D(2), (3) and (4) does not apply to employees hired after July 1, 1995. A maximum payment of $5,000 shall be paid regardless of the number of sick days accumulated.
(6) 
The accumulated sick leave payment shall be made upon disability retirement or death of an employee. If an employee dies while working for the Township, the fifty-percent payment shall be made to his estate. In the event that the employee retires upon disability or dies while still working for the Township, having been so employed on a full-time basis for a period in excess of 25 continuous years, the one-hundred-percent payment shall be made in each instance, either to the employee upon disability retirement or to the estate.
(7) 
All employees hired after July 1, 2016, shall not be eligible to receive payment for any unused accumulated sick leave days upon termination of their employment.
[Added 11-30-2016 by Ord. No. 31-2016]
E. 
Sick leave after reporting to work. If an employee shall have reported for duty and shall be required to leave his duty for any of the reasons set forth in Subsection D above, prior to the completion of 1/2 day's work, he shall be charged 1/2 day's sick leave. If he shall have completed more than 1/2 day's duty before being required to leave, he shall not be charged sick leave for that particular day.
F. 
Employee's misconduct. Sick leave shall not be granted to any employee whose absence from duty is a result of his own misconduct. An employee who is absent from duty shall report the reason therefore to his department head prior to the date of absence, and in no case, later than 24 hours after the time he would normally report for duty. All unauthorized and unreported absences shall be considered absence without leave and deduction of pay shall be made for such period of absence. Absence without leave for three or more days or part thereof shall, in the discretion and judgment of the Township Committee, be grounds for disciplinary action or for immediate dismissal from the Township service.
G. 
Sick leave not required to be utilized. No employee shall be required to utilize accumulated sick leave when such employee has been disabled, either through illness or injury, as a result of or arising from his respective employment.
H. 
Payment of sick leave.
[Amended 5-13-1992 by Ord. No. 23-1992; 11-21-1995 by Ord. No. 32-1995; 3-8-2000 by Ord. No. 4-2000; 12-14-2005 by Ord. No. 62-2005; 5-5-2021 by Ord. No. 20-2021]
(1) 
Employees, at their option, may be paid for 50% of their unused sick leave from the preceding year no later than March 15 of the succeeding year. The remaining 50% of their unused annual sick leave shall be accumulated without limitation. The sick leave payment cannot cause the amount of days accumulated to drop below 25. In accordance with N.J.S.A. 40A:9-10.4, any employee hired after May 21, 2010, is ineligible to receive this benefit.
(2) 
Employees, at their option, may be paid for a maximum of 25 sick days from their sick leave balance, if that balance is 75 days or greater prior to payment. If an employee exercises this option, he or she is precluded from exercising his or her option in § 44-13H(1) above. In accordance with N.J.S.A. 40A:9-10.4, any employee hired after May 21, 2010, is ineligible to receive this benefit.
Where a full-time Township employee has been injured in the line of duty, the Township Committee may, within the applicable provisions of state statutes, pass a resolution giving the employee leave of absence with pay for a period in excess of the allowable period set forth in § 44-13C. If a resolution is passed, then a contract shall be executed between the employee and the Township, setting forth that the employee shall reimburse the Township from the moneys he might receive from workmen's compensation payments or from possible legal settlement from the person or persons responsible for the injury.
[Amended 12-13-2006 by Ord. No. 76-2006; 5-30-2007 by Ord. No. 27-2007]
A. 
Military leave shall be granted in accordance with New Jersey statutes.
B. 
Employees shall be required to notify the Township Administrator and Treasurer at least two weeks in advance of required leave. An employee’s pay will be withheld until a copy of his or her orders are supplied to both the Township Administrator and Treasurer in order to verify the employee’s eligibility for leave. The employee shall receive his or her full pay from the Township for a period not to exceed 90 workdays per calendar year while performing active military duty.
[Amended 12-9-1998 by Ord. No. 42-1998; 5-30-2007 by Ord. No. 27-2007]
A. 
A full-time employee may be granted leave without pay for a period not to exceed three months during a fiscal year for specific personal reasons, or other reasons deemed in the best interest of the Township when recommended by the Municipal Administrator and approved by the Township Committee. Applications for leave without pay must be submitted in advance, in writing, to the Municipal Administrator, showing the employee's reason for requesting such leave and must contain a statement that they intend to return to the Township service. Upon written request and certification from the employee's physician that additional time is needed, the Township Committee, at its sole discretion, may extend the leave of absence without pay beyond three months.
B. 
A leave of absence without pay shall not be considered for approval if the employee has paid leave available to utilize. Any leave of absence without pay granted shall be in accordance with the Federal Family Medical Leave Act (FMLA) and/or Family Leave Act (FLA) and shall not be in addition to those regulations.
A full-time employee who is subpoenaed as a witness in a civil or criminal case, not involving him in his capacity as a Township employee, or an employee who is called and serves on a jury, may be granted paid leave for that period of time in which he is officially involved with the court in such capacity.
[Amended 10-25-1989 by Ord. No. 45-1989]
A. 
In the event of death of the employee's parent or stepparent, spouse, child, stepchild or foster child of the employee, the employee shall be granted time off without loss of pay commencing between the day of death and the day of the funeral, but in no event to exceed five consecutive working days.
B. 
In the event of death of the employee's father-in-law, mother-in-law, grandparent, grandchild, sister, brother and relatives residing in his or her household, the employee shall be granted time off without loss of pay commencing between the day of death and the day of the funeral, but in no event to exceed three consecutive working days.
C. 
Upon recommendation of the Township Administrator and approval by the Township Committee, additional time may be granted to this article where circumstances justify such an extension.
In any case, where the laws of this state provide for special leave not contemplated in this chapter, such laws shall control the amount of leave granted in such instances.
[Amended 10-25-1989 by Ord. No. 45-1989]
A. 
General vacation allowance. Full-time employees on an annual salary basis and full-time employees paid on an hourly basis shall be granted vacation leave with pay each fiscal year, in accordance with the following schedule:
[Amended 5-13-1992 by Ord. No. 23-1992]
(1) 
Full-time service of less than one year: 1/2 working day per month.
(2) 
Full-time service of one year, but less than six years: 12 working days.
(3) 
Full-time service of six years, but less than 10 years: 14 working days.
(4) 
Full-time service of 10 years, but less than 15 years: 19 working days.
[Amended 12-9-1998 by Ord. No. 42-1998; 12-13-2006 by Ord. No. 76-2006]
(5) 
Full-time service of 15 years, but less than 20 years: 23 working days.
[Amended 12-9-1998 by Ord. No. 42-1998; 12-13-2006 by Ord. No. 76-2006]
(6) 
Full-time service of 20 years, but less than 25 years: 25 working days.
[Amended 12-9-1998 by Ord. No. 42-1998; 12-13-2006 by Ord. No. 76-2006]
(7) 
Full-time service of 25 years and over: 27 working days.
[Added 12-9-1998 by Ord. No. 42-1998; 12-13-2006 by Ord. No. 76-2006]
(8) 
Full-time service of 35 years and over: 29 working days.
[Added 10-19-2016 by Ord. No. 29-2016]
B. 
General conditions applicable to vacation leaves.
(1) 
Accumulation of vacation leave beyond that earned in a twelve-month period shall be permitted only with the consent of the department head and Municipal Administrator.
(2) 
Under no conditions, however, shall an employee be permitted to accumulate more than a total of 20 days of unused vacation leave.
(3) 
A vacation period shall consist of no less than five consecutive workdays. Vacation periods of less than five days may be taken upon approval and within the sole discretion of the Municipal Administrator.
(4) 
No vacation leaves shall be divided so that the employee shall be absent from his employment more than the number of calendar days he would be entitled to if he had taken his vacation leave in consecutive calendar days as a single unit.
(5) 
Requests for vacation leaves by employees shall be submitted in writing. No changes in vacation leave schedules shall be permitted without the consent of the department head. Department heads shall submit vacation leave schedules for the approval of the Municipal Administrator at least two weeks prior to any annual vacation leave in the department. All vacations shall be subject to adjustment, if necessary, in the best interests of the department and of the Township. Vacation leaves shall be scheduled to eliminate as far as practicable the necessity of engaging temporary personnel to perform the duties of the vacationing employee.
(6) 
Vacation leave preference shall be determined by the department head with due regard for the wishes and seniority of the employee and the needs of the department and the Township.
(7) 
An employee who is suspended without pay for a total of 15 or more days for cause shall forfeit all vacation earned during the calendar year in which the suspension occurred.
(8) 
Accrued vacation leave shall be compensated for when the employee becomes separated, either voluntarily or involuntarily, from the Township service, unless the employee terminates service without giving two weeks' notice to his department head.
(9) 
Any month in which an employee is absent for more than 50% of his or her scheduled workdays in any given month due to disciplinary suspension or leave of absence without pay, said employee shall not accrue any vacation time for that month.
(10) 
All employees shall receive one additional vacation day per year, which shall be used on the day after Thanksgiving. Employees who are required to work on that day shall be entitled to use the additional vacation day at some other time. Employees who work by mutual agreement shall be entitled to use the additional vacation day at some other time.
(11) 
The fiscal year, for the purposes of the vacation schedule, shall begin on January 1 and end on December 31.
[Added 10-25-1989 by Ord. No. 45-1989;[1] amended  5-13-1992 by Ord. No. 23-1992]
A. 
All full-time employees hired before January 1, 1992, shall be paid, in addition to and together with their annual base salary, additional compensation based upon the length of their service and determined according to the following schedule:
[Amended 12-29-1997 by Ord. No. 60-1997; 12-14-2005 by Ord. No. 62-2005; 12-13-2006 by Ord. No. 76-2006]
Years of Service
Percent of Annual Base Salary
Starting the 15th year
5%
B. 
Those employees hired after January 1, 1992, shall not be entitled to longevity.
C. 
"Years of service" shall be defined as all time an employee is employed by the Township. An employee's anniversary date for the purpose of longevity shall be determined from the employee's date of hire.
D. 
Longevity pay shall be applied on the basis of the employee's anniversary date of employment and shall commence at the adjusted rate.
[1]
Editor's Note: This ordinance also provided for the renumbering of §§ 44-21 through 44-24 as §§ 44-26 through 44-29, respectively. Former § 44-25, Longevity, was repealed. See this section for current provisions.
[Added 10-25-1989 by Ord. No. 45-1989]
A. 
Full-time, permanent employees shall be entitled to three days a year of leave for personal, business, household or family matters, which are of such a nature that they cannot be attended to at a time outside of the workday, which shall be noncumulative. Personal days may be utilized in hourly leave increments during the calendar year earned, by the employee, at his option.
[Amended 12-13-2006 by Ord. No. 76-2006; 5-31-2017 by Ord. No. 21-2017]
B. 
Probationary employees shall accrue one personal day for every four complete months of service and shall continue to accrue personal days on this same basis after they are made permanent until the end of the calendar year in which they became a permanent employee. Thereafter, they shall accrue personal days pursuant to Subsection A above. Probationary employees shall be entitled to use accrued personal days during their probationary period.
[Added 10-25-1989 by Ord. No. 45-1989]
Employees required to use their personal vehicles for work-related travel shall be reimbursed at the rate of the United States Government Internal Revenue Service equivalent on allowance per mile for work-related automobile use. This rate shall be fixed annually on January 2 of each year.
[Added 10-25-1989 by Ord. No. 45-1989]
A. 
Accurate and complete time and attendance records will be maintained by each departmental unit of the Township of Egg Harbor. The head of the department will certify as to the accuracy of the daily work and attendance record.
B. 
All Township employees are to be at their assigned posts or point of duty ready for work as specified by the department head, with prior approval of the Municipal Administrator, unless on vacation, leave of absence or other absence for good cause. Recurring or chronic tardiness shall be referred to the department head for appropriate action by the department head and Municipal Administrator.
C. 
It is the responsibility of each employee to notify his department head without delay if he will be absent from or delayed in reaching his assigned post and give the reason for the absence or delay. Failure to report when absent is a serious offense which cannot be tolerated and may lead to disciplinary action or dismissal.
D. 
The normal workweek for employees shall be 40 hours and shall usually consist of five working days of eight hours each in any seven-day period, for a total of 2,080 working hours per year. A thirty-five-hour workweek may be established for certain employees.
[Amended 12-9-1998 by Ord. No. 42-1998]
E. 
For the purpose of calculating overtime, all paid leave including holidays will be considered as time worked, except sick leave and compensatory time, which will not be considered time worked.
[Added 5-30-2007 by Ord. No. 27-2007]
[Added 12-9-1998 by Ord. No. 42-1998]
A. 
Employees are provided hospitalization insurance which includes traditional coverage, preferred provider organization and health maintenance organization through the New Jersey State Health Benefits Plan, as exists or as modified by the State Health Benefit Program (or any substantially equal health benefit plan), including any changes in copays or deductibles that may be implemented by the State Health Benefit Program, for all employees and eligible dependents covered by this section. Employees shall be responsible to pay 15% of dependent coverage cost, or 1.5% of their annual salary, or the State of New Jersey phase-in cost, whichever is greater, on a monthly basis through payroll deductions.
[Amended 12-13-2006 by Ord. No. 76-2006; 5-29-2013 by Ord. No. 19-2013]
B. 
Employees are provided dental, optical and prescription insurance coverage for themselves and eligible dependents at the Township's expense.
C. 
Opt out. Employees may elect to opt out of medical hospitalization coverage for a period of one year. An employee exercising this option must provide to the Township proof of medical coverage as of the date of payment. For those who opt out, a payment in accordance with the New Jersey State Health Benefit guidelines shall be made prior to April 15. The employee shall have the option of having all taxes taken out in one payment or in multiple payments. An employee may buy back into the medical hospitalization coverage during that period at his own expense on the first of the month following notification of his intent to resume Township coverage.
[Amended 12-13-2006 by Ord. No. 76-2006]
[Added 10-25-1989 by Ord. No. 45-1989]
Employees may elect to retain full insurance coverage under COBRA upon termination of employment, at their own expense, for a period of 18 months.