[Amended 12-5-1977 by Ord. No. 77-46; 5-21-1979 by Ord. No. 79-15; 7-7-1980 by Ord. No. 80-22; 6-1-1981 by Ord. No. 81-15; 10-19-1981 by Ord. No.
81-39; 7-15-1985 by Ord. No. 85-21; 1-22-1998 by Ord. No. 98-3; 7-19-2004 by Ord. No. 04-21; 7-7-2008 by Ord. No. 08-15]
A.
Full-time employees shall earn vacation on the basis of the following
schedule:
[Amended 4-20-2015 by Ord. No. 15-17]
(1)
After the completion of six (6) months of continuous employment:
five (5) days paid vacation in the first (1st) calendar year of employment.
(2)
Ten (10) days paid vacation in each year, beginning on the date on
which the employee commences the second (2nd) year of continuous service,
to and including the calendar year in which the employee completes
five years of continuous service.
(3)
Fifteen (15) days paid vacation in each year, beginning on the date
on which the employee commences the sixth (6th) year of continuous
service, to and including the calendar year in which the employee
completes ten (10) years of continuous service.
(4)
Twenty (20) days paid vacation in each year, beginning on the date
on which the employee commences the eleventh (11th) year of continuous
service, to and including the calendar year in which the employee
completes twelve (12) years of continuous service.
(5)
Twenty-one (21) days paid vacation in each year, beginning on the
date on which the employee commences the thirteenth (13th) year of
continuous service, to and including the calendar year in which the
employee completes fourteen (14) years of continuous service.
(6)
Twenty-two (22) days paid vacation in each year, beginning on the
date on which the employee commences the fifteenth (15th) year of
continuous service, to and including the calendar year in which the
employee completes sixteen (16) years of continuous service.
(7)
Twenty-three (23) days paid vacation in each year, beginning on the
date on which the employee commences the seventeenth (17th) year of
continuous service, to and including the calendar year in which the
employee completes eighteen (18) years of continuous service.
(8)
Twenty-four (24) days paid vacation in each year, beginning on the
date on which the employee commences the nineteenth (19th) year of
continuous service, to and including the calendar year in which the
employee completes twenty (20) years of continuous service.
(9)
Twenty-five (25) days paid vacation in each year, beginning on the
date on which the employee commences the twenty-first (21st) year
of continuous service through the end of their employment with the
Township.
A.
Vacation leave must be earned before it can be taken.
An employee must request vacation in advance by notifying his or her
immediate supervisor, on forms that will be provided, of the requested
vacation as early in the calendar year as possible, but at least four
weeks before the vacation is to be taken. Every effort is made to
arrange vacation schedules to meet the individual desires of all employees.
When there is conflict in the dates of proposed vacation schedules,
preference is given to the employee with seniority. The request shall
be viewed by the department director in terms of workload, other vacation
requests in the department and the effect of the requested vacation
on the proper operation and functioning of the department. The request
shall be forwarded to the Administrator, upon his/her request, with
the department director's recommendation for approval by the Administrator.
Temporary and seasonal employees shall not be eligible for vacation
time. A person employed before the 10th of the month shall be considered
to have been employed for the entire month.
[Amended 4-20-2015 by Ord. No. 15-13]
B.
Vacation time should be used in the year in which
it is earned. It may, however, be extended through June of the following
year with the approval of the appropriate department director and
Township Administrator. However, it shall not be combined with the
subsequent year's vacation.
C.
Vacation time, which shall be scheduled subject to
approval of the department director, may only be taken in units of
full days and/or half days.
[Amended 4-20-2015 by Ord. No. 15-18]
D.
At the time of separation from service, the employee
shall be entitled to pay for any full day's vacation earned and not
previously used.
E.
Employees shall not be paid for vacation time earned and not used during any given year, except at the termination of employment, as set forth in § 26-31D.
F.
If an employee should die while employed, a sum of
money equal to his/her earned and unused vacation leave, will be paid
to the employee's estate.
G.
The salary paid while on vacation leave will be the
same amount one would have earned had one worked regular straight-time
hours during the vacation period.
H.
If on a leave of absence without pay for more than
two weeks in any month, an employee shall not earn vacation leave
for that month, except in the case of military leave.
I.
An employee on approved vacation leave, sick leave,
injury leave or military leave will continue to accrue vacation leave
according to his/her length of service and regular work schedule.
J.
If a holiday, observed by the Township, occurs during
the period of vacation leave, it is credited to the balance of the
vacation leave and the employee will receive an equivalent day off,
as scheduled by the department director.
A.
Sick leave for employee and to care for family.
(1)
Sick leave for employee. As used in this section, "sick leave" means leave that may be granted to each full-time Township employee who, through sickness or injury, becomes incapacitated to a degree that makes it impossible for him or her to perform the duties of his/her position or who is quarantined by a physician because he/she has been exposed to a contagious disease. Sick leave that is to be paid must be earned before it is used and it shall be provided by the Township in accordance with Subsections B, C, and D and F hereinbelow.
(2)
Temporary, seasonal and permanent part-time employees.
Temporary and seasonal employees are not eligible for sick leave,
and permanent part-time employees are not eligible for extended sick
leave.
(3)
Reporting requirements. All absence due to illness
or disability shall be reported immediately, or as soon as reasonable
and practicable under the circumstances, by or for the employee to
his/her department director with indication of expected duration.
B.
Full-time employees shall be entitled to 15 working
days of sick leave with pay per year in each calendar year after they
have completed one year of satisfactory continuous service.
C.
Full-time employees who have worked less than one
year shall be entitled to one sick leave day with pay for each month
worked.
D.
Eligibility for payment upon retirement.
[Amended 4-1-2013 by Ord. No. 13-03; 10-5-2023 by Ord. No. 23-13]
(1)
Sick leave may be accumulated from year to year without limit and
may not be used in advance of its accrual. Employees who retire from
employment with the Township after 10 years of service or more shall
be entitled to payment for 25% of their unused accumulated sick leave
up to 180 days, determined as follows:
(a)
All current full-time employees (including department heads)
shall be allowed to bank sick leave for use in the future as to illnesses
in accordance with the provisions above. In accordance with N.J.S.A.
40A:9-10.2 and N.J.S.A. 40A:9-10.4, all full-time employees shall
be permitted, only upon retirement (as defined by New Jersey law),
a sum of money as established below. Department heads hired after
June 8, 2007 (implementation date of N.J.S.A. 40A:9-10.2), and all
employees (regardless of union affiliation) hired after May 21, 2010
(implementation date of N.J.S.A. 40A:9-10.4), shall receive no more
than $15,000 in paid sick leave at the time of retirement compensation
for unused accumulated sick leave at the time of retirement.
(b)
Any department head appointed before June 8, 2007, and any full-time
employee hired before May 21, 2010, shall, at the time of retirement
(as defined by New Jersey law) and according to all Township ordinances,
be eligible to receive an amount of money based upon the following
formula below or the amount specifically set forth in the applicable
collective negotiations agreement covering the retiring employee:
[1]
Only sick leave days accumulated and unused on the Township's
books for said employee as of December 31, 2012, shall be eligible
for calculation;
[2]
This number shall be further reduced so that pay shall be based
on one day's pay for every four accumulated unused sick leave
days based on a total maximum accumulation before reduction of 180
sick days. (Example: 180 accumulated sick days equals 45 days);
[3]
That number, determined by Subsection D(1)(b)[1] and [2] above, shall then be multiplied by the employee's daily rate in effect as of December 31, 2012;
[4]
The amount set forth in Subsection D(1)(b)[1] above shall be a maximum number; if an employee draws down on his/her accumulated sick leave bank once he/she has exhausted his/her current sick leave, he/she may not reaccumulate any unused sick leave time for pay at time of retirement, only for use in case of illness. (Example: If an employee has 80 days on the books as of December 31, 2012, and has to use 20 days of such, the maximum he/she can then be paid out is 60.) Said pay bank can be further reduced every time an employee has to use time out of his/her accumulated leave.
E.
[1]Extended sick leave policy.
(1)
Successive periods of illness or disability shall
be counted together as one period in computing the period during which
the employee shall be entitled to benefits, except that any sickness
occurring after an employee has been continuously engaged in the performance
of duty for 13 weeks shall be considered as a new sickness and not
as part of any disability which preceded such period of 13 weeks.
In the event that an employee's illness or disability constitutes
a serious health condition, and the employee has exhausted his/her
accumulation of unused sick leave days, annual vacation and personal
leave days, extended sick leave benefits shall be available to him/her.
A "serious health condition" shall mean an illness, injury, impairment
or physical or mental condition which requires patient care at a hospital,
hospice or residential medical care facility or continuing medical
treatment or continuing supervision by a health care provider. (Incorporated
herein by reference is the definition of "health care provider" as
defined in the Federal Medical Leave Act.) These extended sick leave
benefits may be available to him/her for a maximum period of 26 weeks.
The first 13 weeks or any portion thereof shall be paid at the employee's
full annual base salary. The next 13 weeks or any portion thereof
shall be paid at the rate of 50% of the employee's annual base salary.
(2)
Conditions of eligibility. Extended sick leave benefits
shall be available to employees pursuant to the following terms and
conditions:
(a)
The employee shall have successfully completed
his/her probation period, have permanent employment status with the
Township and have been employed by the Township for a period of one
year.
(b)
An employee shall have exhausted his/her accumulation
of unused sick leave, personal leave and vacation leave and shall
have continued to be ill or disabled.
(3)
In the event that an official holiday is observed
during the period in which an employee has an extended sick leave,
the employee shall not have that holiday counted against his/her extended
sick leave.
F.
Reporting illness or disability.
(1)
In all cases of reported illness or disability when
an employee is absent from work for a period not exceeding three days,
normally the employee's statement of the cause will be accepted without
a supporting statement from his attending physician. The Township
reserves the right to require proof of illness from the employee or
the right to have the employee examined by the Township physician,
at the expense of the Township, before returning to duty.
(2)
Any absence due to illness or disability in excess
of three working days, during any seven-day period, may, at the discretion
of the department director or Administrator, require a written statement
from the attending physician relating to the illness, extent of disability
and when he/she can return to work. The Township also reserves the
right to require the employee to be examined by the Township physician
and certified as fit for duty before returning to work.
G.
Terminal leave. Notwithstanding the language of Subsections A and E of § 26-32 (entitled "Sick leave") hereinabove, a "retiring employee" (as defined below) who will he retiring between July 8, 2004, and December 31, 2004, shall have the right to utilize accumulated unused sick time within six months of his/her effective retirement date (as confirmed by the New Jersey Division of Pensions and Benefits) up to a maximum of 180 days even though such employee is not sick (as that term is defined in Subsection A hereinabove) so that he/she may terminate actual working on the job prior to that employee's official retirement date. The benefits granted by this subsection of this article shall remain in effect through December 31, 2004, when the clear and unambiguous language of each Township collective bargaining agreement shall be enforced.
H.
Donation of sick leave.
(1)
Purpose. The purpose of this subsection is to establish
a donated leave program and set forth the eligibility requirements
governing participation and other certain conditions.
(2)
CATASTROPHIC HEALTH CONDITION OR INJURY
(a)
(b)
IMMEDIATE FAMILY or IMMEDIATE FAMILY MEMBER
MEDICAL VERIFICATION
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
With respect to an employee, a life-threatening
condition or combination of conditions or a period of disability required
by his/her mental or physical health or the health of the employee's
fetus and requiring the care of a physician who provides written medical
verification of the need for the employee's absence from work for
60 or more workdays.
With respect to an employee's immediate family
member, a life-threatening condition or combination of conditions
or a period of disability required by his/her mental or physical health
and requiring the care of a physician who provides written medical
verification of the need for the family member's care by the employee
for 60 or more workdays.
As defined as in the New Jersey Family Medical Leave Act,[2] which definition is incorporated herein.
That the employee produces an acceptable written medical
verification from a physician or other health care provider which
indicates the nature, severity, diagnosis, prognosis and anticipated
duration of the disability resulting from the serious health condition
or injury.
[2]
Editor's Note: See N.J.S.A. 34-11B-1 et seq.
(3)
Donated leave program description. The program enables
employees of the Township of Bridgewater to donate, voluntarily, a
portion of their earned sick and/or vacation time to other employees
of the Township of Bridgewater who have exhausted their own earned
sick and/or vacation time and who are suffering from a serious catastrophic
health condition or injury that is expected to require a prolonged
absence from work. The program also allows employees to participate
if they are needed to provide care to an immediate family member under
the same circumstance.
(4)
Eligibility.
(a)
Recipient. An employee of the Township shall
be eligible to receive donated sick and/or vacation time from other
Township employees, provided that they meet the following criteria
and requirements:
[1]
Full-time employment of not less than one year
of continuous service.
[2]
A catastrophic health condition or injury which
requires absence from work for a prolonged period due to their own
illness or to care for an immediate family member.
[3]
Medical verification from a physician or other
licensed health care provider indicating the nature, severity, diagnosis,
prognosis and anticipated duration of the disability resulting from
the serious health condition or injury.
[4]
Exhausted all accrued leave time including compensatory time, sick leave, vacation leave, administrative leave and any entitlements they may have under Subsection F (Extended sick leave policy) hereinabove.
[5]
He/she has not, in the one-year period preceding
the employee's need for the donated leave, been disciplined for chronic
or excessive absenteeism, chronic or excessive lateness or abuse of
leave.
(b)
Employees eligible for workers' compensation
are not eligible for this sick leave donation program.
(5)
Donor. A leave donor must meet the following criteria
and requirements:
(6)
Procedures.
(a)
The donated leave program shall be administered by the Township Administrator pursuant to his/her powers and duties delineated in § 4-30B of the Township Municipal Code and is subject to monitoring, audit and appropriate rules as may be adopted by the Township of Bridgewater and the State of New Jersey.
(b)
Participation in the program is on a strictly
voluntary basis limited to a recipient receiving a total of not more
than 180 days.
(c)
Participation is subject to approval of the
recipient request application and donor transfer certification. In
the event the employee is unable to complete the recipient application
form, the employee's legal representative may complete the form on
behalf of the employee. A supervisor may also initiate this process
at the request of the employee. Notice shall be provided to all appropriate
negotiation representatives (if applicable).
(d)
Upon approval of the employee as an eligible
leave recipient, the employee's name will be posted in order to give
notice to all employees who may be eligible and desirous to donate
leave. The posting will be done only with the recipient's consent.
If the employee is unable to consent, his/her family may consent on
behalf of the employee.
(e)
The donor's leave account will be reduced by
the number of days that are to be donated.
(f)
If several employees donate leave time to the
same coworker, the Township Administrator will transfer one day from
each donor in order of the date received.
(g)
The eligible recipient's leave account will
be credited with the donated time upon approval of the recipient request
form. The recipient may receive days from more than one donor to a
maximum of 180 days.
(7)
Unused leave time. Any unused, donated leave time
shall be credited to the leave donors on a prorated basis upon the
leave recipient's return to work. However, any portion that would
amount to less than one day per donor will not be returned.
(8)
Continuing accrued sick and leave vacation time. The
leave recipient shall continue to accrue sick leave and vacation time
while using donated leave time. However, the recipient shall utilize
any additional accrued sick leave or vacation time prior to using
any donated time.
(9)
Retirement. Upon retirement, the leave recipient shall
not be granted supplemental compensation on retirement for any unused
sick leave he/she received through the donated sick leave program.
A.
Light duty is temporary work assigned to a Township
employee who has been injured and who, in the opinion of the Township
physician, is capable of returning to work that is less physically
demanding than the work performed on his/her regular assigned job
requirements before the injury.
B.
The Township, at its discretion, may require an employee
who has been injured, either on- or off-duty, to be examined at the
expense of the Township by a physician designated by the Township.
The physician shall prepare a written statement establishing whether
the employee is capable of returning to work on light duty, and if
so, what the physical limits of the light duty assignment shall be.
The employee shall be notified of the assignment by telephone at least
48 hours before the beginning of the light duty assignment, and said
notice shall be promptly confirmed in writing. Light duty assignments
shall not exceed six months, unless approved by the Mayor upon recommendation
of the Township Administrator.
[Amended 1-22-1998 by Ord. No. 98-3]
[Amended 4-20-2015 by Ord. No. 15-20]
Full-time employees will be granted leave with
pay, not to exceed three days, in the event of a death in the immediate
family, by the department director through the office of the Administrator.
Such leave shall be in addition to vacation leave and sick leave.
For purposes of death leave, the term "immediate family" is defined
as husband, wife, children, and other members of the same home; father
and mother, stepfather, stepmother, brothers and sisters; grandfather
and grandmother; father-in-law and mother-in-law, daughter-in-law,
son-in-law, brother-in-law, sister-in-law and grandchildren. Exceptions
may be made to the designated members of the immediate family in cases
in which the deceased has had a long-standing family relationship
with the employee, in the case for example of stepparents. In cases
where the death of an aunt, uncle, nephew, niece or cousin of the
first degree, up to one calendar day off with pay will be granted.
Exception to the above may be made where the deceased is buried in
another state, and the employee would be unable to return in time
for work with the leave granted.
[Amended 4-20-2015 by Ord. No. 15-13]
In the event that an employee is required to
serve jury duty, he/she shall be paid the difference between the daily
fee allowed by the court and his/her daily rate of pay for scheduled
work time lost, exclusive of any overtime, upon presentation of proper
evidence of jury service. If the employee is excused from jury duty
at or before 12:00 noon, the employee must report to his/her work
assignment.
[Amended 4-20-2015 by Ord. No. 15-13]
A.
Any full-time permanent employee who is a member of the National
Guard, Naval Militia, Air National Guard or a reserve component of
any of the Armed Forces of the United States and is required to engage
in field training shall be granted a military leave of absence in
addition to his/her vacation for the period of such training as authorized
by law. The employee shall receive his/her weekly rate of pay for
scheduled work time lost, exclusive of overtime, upon presentation
of proper evidence of military service.
B.
When a full-time permanent employee has been called to active duty
or inducted into the military or naval forces of the United States,
he/she shall be granted an indefinite leave of absence without pay
for the duration of such active military service, provided that he/she
does not voluntarily extend such service. Such employee shall have
the right to reinstatement to his/her former position or a position
of equal status without the loss of privileges or seniority, provided
he/she reports for duty with the Township within 90 days following
his/her honorable discharge.
A.
An employee may be granted three personal leave days
each calendar year for the transaction of stated personal business
which shall be reviewed by the department director through the office
of the Township Administrator for approval. The employee requesting
such leave shall do so by providing his/her department director with
a notification at least 48 hours in advance except in the case of
an emergency. The granting of a personal leave day shall be consistent
with the needs of the department. Newly hired employees during the
remainder of their first calendar year of service shall be granted
1 1/2 days of personal leave or absence with pay for each three
months of service to the limit of three days.
[Amended 4-20-2015 by Ord. No. 15-21]
B.
The above three days may be used for emergencies,
personal business or other personal affairs, observation of religious
or other days of celebration.
[Amended 4-20-2015 by Ord. No. 15-22]
A.
"Permanent part-time employee" is defined as follows: an employee
of the Township who must work on a regular year-round part-time basis
for a minimum of at least 20 hours per week on a consistent ongoing,
non-intermittent basis, who is paid wages on an hourly basis and who
is not a temporary or seasonal employee.
B.
The provisions of § 26-29 shall apply to permanent part-time employees hired before April 1, 2015, as provided: The following official holidays with pay shall be observed by the Township unless an alternate day of observance is specifically directed by the Mayor in writing or a collective bargaining agreement governing the employees in question: New Year's Day, Martin Luther King Day, Lincoln's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, General Election Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, Christmas Day and the day preceding Christmas Day when Christmas Day falls on a weekday. Each permanent part-time employee shall be granted 1/2 day or the equivalent of 3 1/2 hours for each of the aforementioned holidays. In the event that an official holiday is observed during an employee's vacation, he/she shall be entitled to an additional vacation day. If an official holiday occurs while an employee is on sick leave, he/she shall not have that holiday charged against his sick leave. The rate of pay for these holidays shall be the straight time, annual rate of pay in effect at the time of the holiday for the employee. For all permanent part-time employees hired on or after April 1, 2015, the provisions of § 26-36.1B shall not apply.
C.
The provisions of § 26-30 above shall only apply to permanent part-time employees hired before April 1, 2015, as provided: Every employee who meets the definition of "permanent part-time" employee as defined in § 26-36.1A shall be granted five vacation days; provided, however, that a day shall be deemed to equal seven hours for purposes of vacation. The grant of such days shall be awarded on January 1 of the year following the year of accrual. All such vacation days shall be scheduled subject to written approval of the Department Director and may only be taken in units of full days. All vacation days must be taken during the year of service during which they are granted. At the time of separation from service, the employee shall not be entitled to pay for any unused vacation time. If an employee should die while employed, a sum of money equal to his/her earned and unused vacation leave for the current year, will be paid to the employee's estate. The salary paid while on vacation leave will be the same amount one would have earned had one worked regular straight-time hours during the vacation period. For all permanent part-time employees hired on or after April 1, 2015, the provisions of §§ 26-30 and 26-31C shall not apply.
G.
The provisions of § 26-35 concerning military leave shall not apply to permanent part-time employees.
H.
The provisions of § 26-36 shall apply to permanent part-time employees as follows: A permanent part-time employee may be granted one personal leave day each calendar year, but not in conjunction with vacation or holidays, for the transaction of stated personal business which shall be reviewed by the department director through the office of the Township Administrator for approval; provided, however, that a day shall be deemed to equal seven hours. The employee requesting such leave shall do so by providing his/her Department Director with written notification at least 48 working hours in advance, except in the case of an emergency. The granting of a personal leave day shall be consistent with the needs of the department. Personal days will be scheduled in units of full days only. Such leave credit shall not accumulate. Unused balances in any year shall be cancelled. For all permanent part-time employees hired on or after April 1, 2015, the provisions of § 26-36 shall not apply.
A.
Leave without pay may be granted to full-time employees. Normally,
it shall be granted only when the employee has used his/her accumulated
sick leave and vacation leave in the case of illness, or his/her vacation
leave if leave without pay is requested for reasons other than illness.
During this period the employee shall not accrue any benefits or seniority.
[Amended 4-20-2015 by Ord. No. 15-13]
B.
Requests for leave without pay must be initiated in
writing by the employee, containing the starting date, approximate
date of return and reasons for such request. It shall be approved
by the department director and Township Administrator.
C.
Such leave, except for military leave without pay,
shall not be approved for a period of longer than 90 days at one time.
D.
This period may be extended for an additional 90 days
or any portion thereof. Requests for an extension of said leave without
pay must be submitted by the employee to the department director in
writing at least 20 days prior to the date on which the initial leave
expires. Said request must be approved by the department director
and Township Administrator.
E.
Any employee leaving his/her post of duty before receiving written
authorization of such leave by the Administrator or who returns seeking
to claim his/her position after the expiration of such leave will
be deemed to have abandoned his/her position and resigned from the
employ of the Township.
[Amended 4-20-2015 by Ord. No. 15-13]
F.
If an employee accepts another position while on leave without pay,
his/her employment by the Township shall be terminated.
[Amended 4-20-2015 by Ord. No. 15-13]
G.
The Township reserves the right to grant leaves without
pay for good and sufficient reason.
