[Adopted 7-16-1942 by Ord. No. 11-1942]
For the purpose of this Article, the terms herein set forth
shall be construed as follows, unless otherwise expressly indicated:
The Board of Commissioners of the City of Atlantic City,
or the Commissioner having jurisdiction over the department in question.
The Commissioner having jurisdiction over the Department
in question.
The holder of an office, a position or employment in the
classified service of the civil service of the City of Atlantic City.
It shall apply to all permanent employees, whether on a salary or
per diem basis, and to employees temporarily filling the places of
persons who are on military leaves of absence, pursuant to the provisions
of N.J.S.A. 38:23-4, being Chapter 119 of the Laws of 1941, or any
other statute pertaining to military leaves of absence. It shall also
apply to members of the Police and Fire Departments unless such members
are otherwise provided for. It shall not apply to temporary and seasonal
employees.
Regular, permanent, sworn-in members of the Police and Fire
Departments, entitled to pension rights pursuant to N.J.S.A. 43:16-1
et seq.
These regulations have been formulated and approved by the Board
of Commissioners of the City of Atlantic City in accordance with N.J.S.A.
11:24A-1 et seq.[1] and in accordance with other statutes pertaining to the
subject matter herein set forth. All leaves provided for in these
regulations are not to be regarded as privileges to be exacted at
the convenience or determination of the employee without regard to
the policy or responsible departmental authorities or the work demands
of the department and are to be taken with the approval of the department
head and, so far as possible, on such schedules and at such time as
will best ensure the continuance of the regular departmental activities.
[1]
Editor's Note: N.J.S.A. 11:24A-1 et seq. was repealed
9-25-1986, c. 112, § 11A:12-3. See now N.J.S.A. 11A:6-1
et seq.
A.
All employees of the City of Atlantic City, except the members of
the Police and Fire Departments, shall be granted annual vacation
leave with pay as follows: one working day's vacation for each
month of service from the date of his regular appointment up to and
including December 31 following such date of appointment, 12 working
days' vacation for each succeeding calendar year up to and including
20 years of service and 16 working days' vacation for each succeeding
calendar year after 20 years of service. The total years of service
in the City of Atlantic City after permanent appointment of each such
employee in the classified civil service shall be considered in determining
the annual vacation leave provided under this schedule. When in any
calendar year the annual vacation leave or any part thereof is not
granted and taken by reason of the pressure of work, such annual vacation
leave or part thereof not granted and taken shall accumulate to the
credit of the individual employee and shall be granted and may be
taken during the next succeeding calendar year only.
B.
Annual vacation leave for members of the Police and Fire Departments.
Members of the Police and Fire Departments as herein defined shall
be granted the following annual vacation leave with pay: one working
day's vacation for each month of service from the date of his
regular appointment up to and including December 31 following such
date of appointment, 21 days' vacation for each succeeding calendar
year for each year of service. If any member of the departments does
not desire to take his full vacation at any one time, the department
head may authorize annual vacation leave for such member as may be
convenient to the member and the department. When in any calendar
year the annual vacation leave or any part thereof is not granted
and taken by reason of the pressure of work, such annual vacation
leave or part thereof not granted and taken shall accumulate to the
credit of the individual employee and shall be granted and may be
taken during the next succeeding calendar year only.
C.
Members of the Police and Fire Departments and other employees who
have entered or hereafter enter the military forces of the United
States shall be granted such vacation with pay as said persons were
or are entitled to at the time they left or leave the employment of
the municipality on military leaves of absence; provided, however,
that this provision shall not apply to persons on military leaves
of absence receiving compensation from the municipality pursuant to
N.J.S.A. 38:12-5[1] or any other statute requiring the municipality to pay
such persons compensation while they are on military leaves of absence.
[1]
Editor's Note: N.J.S.A. 38:12-5 was repealed by L. 1963,
c. 109, and moved to N.J.S.A. 38A:4-5, which was repealed by L. 1966,
c. 162.
[Amended 5-5-1960 by Ord. No. 8-1960; 12-3-1981 by Ord. No. 74-1981]
A.
Sick leave defined and proofs required.
(1)
For the purposes of these regulations, sick leave benefits are granted
for the following reasons: absence from duty of an employee because
of illness, accident or exposure to contagious disease. Family leave
benefits are granted for the following reasons: attendance upon a
member of the employee's immediate family seriously ill and requiring
the care and attendance of such employee, or absence caused by death
in the immediate family of such employee.
(2)
For the purposes of benefit accumulation and accrual, sick leave
and family leave will be combined leave. For definition and reporting
purposes, sick leave and family leave are separate and distinct.
(3)
A certificate of a reputable physician in attendance upon any employee
or from the departmental physician shall be required as proof of need
of leave of absence of the employee or the need for his attendance
upon a member of his immediate family. In case of the need for sick
leave benefits by reason of quarantine or exposure to contagious disease,
the certificate of the local department of health shall be required.
In case of death in the family of the employee, such reasonable proof
as may be required by the department head shall be sufficient.
B.
Sick leave and family leave benefits. Every employee, other than
members of the Police and Fire Departments, shall be granted, in addition
to annual vacation leave with pay, one working day of sick and family
leave (combined leave) benefits for every month from the date of his
regular employment to the succeeding December 31 and 15 working days
of combined leave benefits for each calendar year thereafter. If any
employee requires none or a portion only of his allowable combined
leave benefits for any calendar year, the amount of such benefits
not taken shall accumulate to his credit from year to year, and he
shall be entitled to such accumulated combined leave benefits if and
when needed. Combined leave benefits will be at a rate equivalent
to that payable if the employee were present for work. In computing
accumulated combined leave benefits available to an individual employee,
the years of service of such employee after permanent appointment,
both prior and subsequent to the adoption of the Civil Service Law[1] and for all the time served continuously as an employee
in the service of the City of Atlantic City, shall be considered.
(1)
In determining the number of vacation days to which any permanent employee of the City of Atlantic City and any temporary employee of said city employed continuously for a period of six months is entitled in any calendar year, as provided in § 48-8A of this Article, the number of days that such employee is absent from work by reason of sick leave or family leave shall not be calculated in determining the number of days of vacation to which such employee is entitled.
(2)
In determining the number of days of sick leave and family leave benefits to which any permanent employee of the City of Atlantic City and any temporary employee of said city employed continuously for a period of six months is entitled in any calendar year, as provided in § 48-9A and B of this Article, the number of days that such employee is absent from work by reason of sick leave or family leave shall not be calculated in determining the number of days of sick leave and family leave to which the employee is entitled.
[1]
Editor's Note: See N.J.S.A. 11:1-1 et seq.
C.
Sick leave benefits and disability leave for members of the Police
and Fire Departments.
(1)
The department head may, pursuant to N.J.S.A. 40:11-9,[2] grant a leave of absence with pay to any member of the
Police or Fire Department who shall become injured, ill or disabled
from any cause so as to be physically unfit for duty during the period
of such disability and physical unfitness for duty where such injury,
illness or disability shall be evidenced by the certificate of a physician
designated by the governing body to examine him; no such leave of
absence with pay shall exceed one year commencing from the date of
such injury, illness or disability.
[2]
Editor's Note: N.J.S.A. 40:11-9 was repealed by L. 1971,
c. 197, effective July 1, 1971. See now N.J.S.A. 40:14-16, 40A:14-113
and 41A:14-137.
(2)
During the period in which the full salary or wages of a member of
the Police or Fire Departments on disability leave provided for by
this section is paid by the City of Atlantic City, any workmen's
compensation payments made to or received by or on behalf of such
employee shall be deducted from the amount carried on the payroll
for such employee or assigned to the City of Atlantic City by any
workmen's compensation insurance carrier (that may be involved)
or by the employee. During the period in which a part of the salary
or wages of an employee on disability leave is paid by the City of
Atlantic City and compensation payments are received by or on behalf
of such employee, he shall, if the combined total thereof exceeds
the total of his full salary or wages, pay or assign to the City of
Atlantic City such part of the compensation received only as may be
in excess of the full salary received.
A.
Whenever an employee, other than a member of the Police or Fire Department,
is disabled, either through injury or illness as a result of or arising
from his employment as evidenced by the certificate of a reputable
physician or of the departmental physician, he shall be granted, in
addition to his annual sick leave with pay or any accumulations thereof,
leave of absence with pay for a period of 30 days or so much thereof
as may be required, as evidenced by a certificate of the attending
or departmental physician. If at the end of such thirty-day period
the employee is unable to return to duty, a certificate from either
the attending or departmental physician shall be presented, certifying
to this fact, and the departmental authority may extend such disability
leave for additional like periods with full pay, but not longer than
a total period of 60 days, and 270 days with half pay. Certificates
of continuing disability shall be filed at the end of each 30 days
as to the condition of the employee claiming disability leave. If
at the end of any thirty-day period the certificate of the attending
or departmental physician certifying to the continuing disability
of such employee is not filed as provided herein, disability leave
shall be discontinued forthwith, and no further payments shall be
made.
B.
A seasonal or temporary employee who does not come within the meaning of the word "employee" as defined in § 48-6 of this Article who is disabled, either through injury or illness, as a result of or arising from his employment as evidenced by a certificate of a reputable physician or of the departmental physician shall be granted a leave of absence with pay for a period of 30 days or so much thereof as may be required, as evidenced by a certificate of the attending or departmental physician. If at the end of such thirty-day period such employee is unable to return to duty, a certificate from either the attending or departmental physician shall be presented certifying to this fact and the departmental authority may extend such disability leave for additional like periods with full pay, but not longer than a total of 60 days. Certificates of continuing disability shall be filed at the end of each 30 days as to the condition of the employee claiming disability leave. If at the end of any thirty-day period the certificate of the attending or departmental physician certifying to the continuing disability of such employee is not filed as provided herein, disability leave shall be discontinued forthwith, and no further payments shall be made.
C.
During the period in which the full salary or wages of an employee
on disability leave provided for by this section is paid by the City
of Atlantic City, any workmen's compensation payments made to
or received by or on behalf of such employee shall be deducted from
the amount carried on the payroll for such employee or assigned to
the City of Atlantic City by any workmen's compensation insurance
carrier (that may be involved) or by the employee. During the period
in which a part of the salary or wages of an employee on disability
leave is paid by the City of Atlantic City and compensation payments
are received by or on behalf of such employee, he shall, if the combined
total thereof exceeds the total of his full salary or wages, pay or
assign to the City of Atlantic City such part of the compensation
received only as may be in excess of the full salary received.
D.
Whenever the attending or departmental physician shall report, in
writing, that the employee is fit for duty, such disability leave
shall terminate, and such employee shall forthwith report for duty.
[Amended 6-6-1946 by Ord. No. 18-1946]
A.
Leaves of absence without pay may be granted by the department head
or appointing authority for a period or periods not exceeding six
months at any one time to any employee in the classified civil service
who is either temporarily or physically incapacitated to perform his
duties; to attend school or to engage in a course of study designed
to increase his usefulness on his return to service; for the established
probationary or working test period when regularly appointed after
certification from an eligible list to another office or position
in the classified civil service of this municipality, in the State
of New Jersey or in the United States government, but in no case exceeding
one year; in time of emergency or preparation for national defense
whose special qualifications are required in industry or other business
devoted to the production of supplies for defense purposes, but only
when the need for the services of such employee is certified by competent
federal authority and approved by the Department Head; or for any
other reason considered good by the appointing authority and in keeping
with the purposes of these regulations when approved by the Civil
Service Commission; provided, however, that such leaves of absence
without pay may be renewed for an additional period or periods, not
to exceed six months at any one time, by the department head or appointing
authority, with the approval of the Board of Commissioners of the
City of Atlantic City, but no further renewal or extension beyond
such one-year period may be granted except upon the approval, in writing,
of the Civil Service Commission of the State of New Jersey.
B.
Leaves of absence will not be granted to employees to enter nonmilitary
service as a matter of convenience or temporary advantage to such
employee by reason of place or hours of work or increased compensation.
Any employee requesting leave of absence without pay shall submit
such request, in writing, to his department head or appointing authority,
stating the reasons why he desires such leave of absence, when he
desires it to begin and the probable date of his return to duty. Leaves
of absence without pay shall become effective only after approval
by the department head or the appointing authority. Any employee leaving
his post of duty before receiving written authorization for such leave
by the department head and the Civil Service Commission will be deemed
to have abandoned his employment and to have resigned from the service.
A.
The business offices of the city shall be open to the public from
9:00 a.m. to 4:00 p.m., prevailing time in the municipality, on all
weekdays except Saturday, when the offices shall be open from 9:00
a.m. to 12:00 noon. One hour shall be allowed to employees for lunch.
Each Commissioner shall file with the City Clerk a schedule of hours
of employment for all employees in his department within two weeks
of the final adoption of this Article, and he may from time to time
change such schedule.
B.
Whenever employees are required to put in a substantial amount of
overtime work, compensation therefor may be provided by allowing only
additional time off equal to the time of overtime worked. Such time
off shall be granted and taken within the calendar year in which it
was incurred and as the department head may determine. No compensatory
time off for overtime shall be allowed unless the written consent
is first obtained from the department head by the employee, authorizing
such employee to work overtime and stating the period of such overtime.
Holidays shall be those days only which have been designated as holidays by the President of the United States, by the United States Congress, the Legislature or Governor of the State of New Jersey or by the Board of Commissioners of the City of Atlantic City. Any employee, except members of the Police and Fire Departments, who shall be required to work on a holiday shall be compensated therefor according to the policy of compensation for overtime work; provided, however, that written consent as provided for in § 48-12 be first obtained from the department head by the employee, authorizing such employee to work overtime and stating the period of such overtime.
Every full-time employee is expected and will be required to
be in attendance and at work during the regular hours prescribed for
the department and the City of Atlantic City. Every part-time employee
is expected and will be required to be in attendance during the hours
required for his employment. Violation of working hours as prescribed
and leaves of absence without proper authorization will be subject
to disciplinary action. Department heads and their supervisory employees
as designated by them shall maintain records showing the attendance,
time worked and leave for any reason of all full-time employees in
their departments.
