1.
POLICY. The City will provide excused absence with pay for employees
who have personal obligations, which require them to be absent from
work.
2.
REGULATIONS. A personal day is to be used for the purpose of attending
to personal obligations which cannot be addressed during normal working
hours. Each full-time employee shall be entitled to three personal
days without giving a reason therefor, and which may be taken in half-day
increments. Each permanent part-time employee shall be entitled to
one personal day each year. Personal days are to be allotted on January
1 of each year. Under normal circumstances, employees are required
to give 48 hours' notice to their supervisor. Approval of such days
will not be unreasonably denied. Personal days may not be carried
over into the succeeding year. No personal day may be used to extend
a scheduled vacation or holiday either at the beginning or end thereof
unless the employee has obtained prior approval from his/her supervisor.
[Amended 9-26-2007 by Ord. No. 20-2007]
1.
POLICY. The City's employees are entitled to leave with pay while
serving on jury duty.
2.
REGULATIONS.
a.
Documentation.
i.
PRIOR TO SERVICE, A copy of the Clerk of Court's "Call to duty"
will be forwarded via the immediate supervisor to the City Clerk.
The City Clerk will notify the payroll office.
ii.
AFTER SERVICE. Following jury duty the employee will receive
a statement from the Clerk of Court indicating the dates of service
and remuneration, if any. It is the employee's responsibility to submit
this statement to his or her supervisor. The supervisor will then
verify the employee's time report and forward the statement to the
payroll office (where a payroll adjustment is required or not).
b.
Pay. The City will deduct from the employee's
pay the amount of the fee paid by the court for jury duty.
1.
POLICY. The City will grant a leave of absence, without pay, for
justifiable reasons not covered by other specific leave policies,
for purposes of maintaining a limited relationship between the City
and the employee.
2.
REGULATIONS.
a.
General.
i.
The leave of absence is applicable only to full-time regular
employees.
ii.
Leave of absence will be considered only in cases where the
individual is accepting a position with the county, state or federal
government or another public interest organization, and only for a
fixed period of time, so that the individual's return to the City
can be reasonably anticipated.
iii.
Leaves of absence should not be granted in cases where the individual
is leaving the City employment to accept employment with a private
organization or when the individual is leaving to establish his or
her own business.
iv.
Leaves of absence will be granted for one year or less.
b.
Vacation pay. An employee who is granted a
leave of absence for more than 31 calendar days will receive payment
for any accrued vacation in the final paycheck.
c.
Reemployment. A leave of absence granted under
this policy and procedure does not necessarily ensure reemployment
at the end of the leave period. Reemployment will depend on the availability
of a suitable opening.
d.
Credited service. Service accumulated prior
to leave of absence will be carried over, upon reemployment, if the
leave of absence has not exceeded one year.
e.
Insurance. An employee who is on an authorized
leave of absence may continue to be a member of the Linwood City Group
Health programs by assuming the full cost of the premiums.
3.
PROCEDURES.
a.
Request. Request for leave must be made at
least 30 days in advance and in writing through the employee's supervisor.
The written request must state the dates of the beginning and end
of the leave of absence and the specific reason the leave is being
requested.
b.
Approval. The employee's department head,
the Administrator, the appropriate Council representative, and Council
must make approvals.
1.
POLICY. It is the City's policy to recognize employee obligations
for service with the Armed Forces of the United States and to grant
a military leave to fulfill these obligations.
2.
REGULATIONS.
a.
Applicability. This leave program is applicable
only to regular full-time employees.
b.
Necessity. The City will grant a leave of
absence to an employee whenever such leave is required by law to fulfill
United States Government
c.
Types of military leave:
i.
MILITARY INDUCTION LEAVE. Military induction leave is leave
taken as a result of induction into military service, whether by voluntary
enlistment, draft or by call or recall to active duty. An employee
who is called for extended duty with the National or State Guard or
a reserve unit will be considered on military induction leave. Any
employee who is inducted into the armed forces or who enlists in the
Armed Forces of the United States and who serves for not more than
the prescribed minimum enlistment period (plus any period of additional
service imposed pursuant to law) shall be entitled, upon release from
service under honorable conditions, to all reemployment rights prescribed
by law, subject to the following requirements and conditions:
(a)
The individual must have been a regular full-time employee.
(b)
The individual must have left a job with the City to directly
enter the military service.
(c)
The individual must be able, currently, to perform the duties
of the former position, or, in the event of a service-connected disability,
be able to perform the duties of an equally responsible position.
(d)
A position exists for which the individual is qualified.
(e)
The individual makes application for reemployment within 90
days after honorable discharge or within one year following hospitalization
from service-connected disability.
(f)
Any employee entering the armed forces will be placed on an
unpaid leave of absence for the period of military service specified
in Subsection D(3)(b)(i).
(g)
Employees on military induction leave will not accrue paid vacation
or paid holidays; however, the time spent in military service will
be included as credited service when the employee returns to employment
with the City.
(h)
When an employee is inducted into the military service he or
she is entitled to any accrued vacation in the same manner as though
terminated.
(i)
Life insurance/medical insurance coverage for employees on military
induction leave will cease with the last day of the month in which
the employee leaves the active employ of the City, subject to the
conditions of the insurance policies.
ii.
ANNUAL MILITARY LEAVE. Annual military leave is taken to fulfill
annual training requirements as a reservist in any military component.
(a)
A regular full-time employee will continue to receive his or
her usual salary for up to two weeks in each calendar year in order
to fulfill an annual military training obligation as a member of the
United States Armed Forces or National or State Guard. The amount
of the employee's basic military pay (exclusive of allowances), including
longevity pay, for up to two weeks of training will be deducted from
the first payroll check that the employee receives following return
to work. [Refer to Subsection D(3)(b).] The amount of this deduction
will not exceed the employee's City salary for the same period.
(b)
If the employee's annual military training period extends beyond
two weeks in a calendar year, the additional time must be taken either
as vacation or as leave without pay.
(c)
If a holiday occurs within the employee's two-week military
training period, the employee may observe the holiday on a later date
during the same calendar year. [Refer to Subsection D(3)(b).]
3.
PROCEDURES
a.
Military leave induction.
i.
The employee will furnish a copy of the military orders to the
supervisor and to the appropriate Council representative.
ii.
The sign-out of the employee will be completed just as though
the employee was terminating, in the event that he or she does not
return to City employment. The City Clerk will send a letter to the
employee prior to the leave, giving information on reemployment rights,
including those provided by the State of New Jersey and federal statutes.
Furthermore, the City Clerk will ask the employee to notify the City
of the expected discharge date and the expected date of return to
work, as soon as these dates are known.
b.
Annual military training.
i.
The employee will furnish a copy of the military orders to the
supervisor immediately upon receipt of said orders. The employee will
provide the payroll office with a copy of the military pay voucher
as soon as possible after return from military duty.
ii.
Code "M" (refer to policy and procedure) will be used to indicate
up to two weeks absence from military training each calendar year.
iii.
An explanatory memo, signed by the supervisor, should accompany
the employee's time report when the employee takes a holiday in lieu
of the holiday, which occurred while absent for military training
duty.
1.
IMMEDIATE FAMILY. In the event of death of the employee's spouse,
child, step-child, parent or stepparent, the employee shall be granted
time off without loss of pay, in no event to exceed four working days.
Bereavement leave shall be taken within a twelve-working-day period
of the date of the funeral.
2.
OTHER THAN IMMEDIATE FAMILY. In the event of death of the employee's
in-laws, foster child, grandparents, sister, brother, grandchild or
relative residing in his/her household, the employee shall be granted
time off without loss of pay, in no event to exceed three working
days. Bereavement leave shall be taken within a twelve-day period
of the date of the funeral.
3.
PROOF. The City may require appropriate proof of death.
[Amended 10-22-2014 by Ord. No. 18-2014]
Employees may be eligible for an unpaid family and medical leave
under the federal Family and Medical Leave Act ("FMLA"). Employees
also may be eligible for family and/or medical leave pursuant to the
New Jersey Family Leave Act ("FLA"). In order to be eligible for such
leave, employees must have: one (1) year of service with the City;
and, at least 1,000 hours of work (for New Jersey leave) and 1,250
hours of work (for Federal leave) during the previous twelve (12)
months and is employed at a worksite where 50 or more employees are
employed by the employer within 75 miles of the worksite (for Federal
leave). Eligible employees may receive up to twelve (12) weeks of
leave per year (FMLA) or twelve (12) weeks every twenty-four (24)
months (FLA).
During the leave period, the employee's health benefits will
be continued on the same conditions as coverage would have been provided
had the employee been employed continuously during the entire leave.
The employee will not continue to accrue vacation, sick or personal
days for the period of the leave. The employee will receive seniority
credit for the time that the employee has been on leave under this
section. At the conclusion of the leave period, an eligible employee
is entitled to reinstatement to the position the employee previously
held or to an equivalent one with the same terms and benefits that
existed prior to the exercise of leave.
Upon written notice, eligible employees are entitled to a family
or medical leave for up to twelve weeks to care for a newly born or
adopted child or a seriously ill immediate family member, including
civil union partner, or for the employee's own serious health condition
that makes the employee unable to perform the functions of the employee's
position. Eligible employees who take leave under this policy must
use all accrued available vacation and personal days during the leave.
The use of accrued time will not extend the leave period. After exhausting
accrued time, the employee will no longer be paid for the remainder
of the leave.
The period of leave must be supported by a physician's certificate.
An extension past twelve weeks can be requested, but medical verification
of the need must be submitted prior to the expiration of the leave.
The City of Linwood reserves the right to deny any request for extended
leave. Additional information concerning the Family Leave Policy and
eligibility requirements are available from the CFO.
Commencing July 1 2009, Family Temporary Disability ("FTD")
payments for up to six (6) weeks in a twelve (12) month period will
become available for eligible employees who are caring for a seriously
ill immediate family member who is incapable of self-care or care
of a newborn or adopted child. To be eligible, the employee must have
worked at least 20 weeks at minimum wage within the last 52 weeks
or earned 1000 times the minimum wage. The weekly benefit is 2/3 of
weekly compensation up to a maximum of $524 per week (this amount
is subject to change). FTD will run concurrently with FMLA and/or
FLA leaves and there is a one week waiting period. Employees may also
be required to use accrued sick, vacation or personal leave for up
to two weeks.
Employees taking paid family leave in connection with a family
member's serious health condition may take leave intermittently or
consecutively. Intermittent leave is not available for the care of
a newborn or adopted child. Intermittent leave may be taken in increments
necessary to address the circumstances that precipitated the need
for leave. An employee seeking intermittent paid family leave is required
to provide the City of Linwood with 15 days notice unless an emergency
or other unforeseen circumstance precludes prior notice. The employee
seeking intermittent leave shall make a reasonable attempt to schedule
leave in a non-disruptive manner. Employees requesting such leave
shall provide the City of Linwood with a regular schedule of days
for intermittent leave.
Employees may also be eligible for an unpaid leave for up to
twenty-six (26) workweeks in a year to care for a family member on
active duty in the military or a covered veteran (a covered veteran
is an individual who was discharged or released under conditions other
than a dishonorable at any time during the five-year period prior
to the first date the eligible employee takes FMLA leave to care for
the covered veteran) with a serious injury or illness incurred in
the line of duty on active duty for which the service member is undergoing
medical treatment, recuperation, or therapy, is otherwise in outpatient
status, or is otherwise on the temporary disability retired list,
or up to twelve (12) weeks in a year for a qualifying exigency. A
qualifying exigency occurs when a military member is called to covered
active duty (requires deployment to a foreign country) and a close
member of his/her family must attend official ceremonies or family
support or assistance meetings, there is a short-notice deployment,
to attend to childcare matters, attend to financial and/or legal matters,
or counseling. A serious injury or illness means an injury or illness
incurred by a covered servicemember in the line of duty on active
duty that may render the servicemember medically unfit to perform
the duties of his or her office, grade, rank, or rating.
A serious injury or illness also means an injury or illness
that was incurred by the covered veteran in the line of duty on active
duty in the Armed Forces or that existed before the veteran's active
duty and was aggravated by service in the line of duty on active duty,
and that is either:
1.
a continuation of a serious injury or illness that was incurred or
aggravated when the veteran was a member of the Armed Forces and rendered
the servicemember unable to perform the duties of the servicemember's
office, grade, rank, or rating; or
2.
a physical or mental condition for which the veteran has received
a U.S. Department of Veterans Affairs Service-Related Disability Rating
(VASRD) of 50 percent or greater, and the need for military caregiver
leave is related to that condition; or
3.
a physical or mental condition that substantially impairs the veteran's
ability to work because of a disability or disabilities related to
military service, or would do so absent treatment; or
4.
an injury that is the basis for the veteran's enrollment in the Department
of Veterans Affairs Program of Comprehensive Assistance for Family
Caregivers.
Any one of these definitions meets the FMLA's definition of
a serious injury or illness for a covered veteran regardless of whether
the injury or illness manifested before or after the individual became
a veteran.
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Upon employer's request, an employee must provide a copy of
the covered military member's active duty orders to support request
for qualifying exigency leave. In addition, upon an employer's request,
certification for qualifying exigency leave must be supported by a
certification containing the following information:
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statement or description of appropriate facts regarding the
qualifying exigency for which leave is needed;
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approximate date on which the qualifying exigency commenced
or will commence;
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beginning and end dates for leave to be taken for a single continuous
period of time;
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an estimate of the frequency and duration of the qualifying
exigency if leave is needed on a reduced scheduled basis or intermittently;
and
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if the qualifying exigency requires meeting with a third party,
the contact information for the third party and description of the
purpose of the meeting.
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Eligible employees may also take leave to care for a military
member's parent who is incapable of self-care when the care is necessitated
by the member's covered active duty. Such care may include arranging
for alternative care, providing care on an immediate basis, admitting
or transferring the parent to a care facility, or attending meetings
with staff at a care facility.
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Employees who request qualifying exigency leave to spend time
with a military member on Rest & Recuperation may take up to a
maximum of 15 calendar days. Upon an employer's request, an employee
must provide a copy of the military member's Rest and Recuperation
leave orders, or other documentation issued by the military setting
forth the dates of the military member's leave.[1]
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