Sick leave absences shall be allowed to any
employee upon submission of evidence thereto in accordance with N.J.S.A.
11:24A-3, 11:24A-4 and 11:24A-5, and any amendments or supplements
thereto.[1] By way of supplement to and clarification of the preceding
provisions, the provisions of this article shall govern sick leave
absences.
[1]
Editor's Note: These sections are no longer in effect; see
now N.J.S.A. 11A:6-5.
A.
Sick leave may be granted for the personal illness
of an employee or for a member of his immediate family where the attendance
of the employee is needed to assure care for the member of the immediate
family.
B.
The term "immediate family," as utilized in this article,
shall mean husband, wife, brother, sister, parent, child or other
near relative, which relative resides with the employee as part of
a common household. If it shall be demonstrated to the satisfaction
of the department head that an ill person not falling into the foregoing
relationships nevertheless lives with and is part of the household
of the employee and that, by reason of the absence of any other suitable
person, the employee's presence is essential to the care of such person,
then such person may be for the purposes of this article deemed to
be a member of the immediate family.
[Amended 4-10-1972 by Ord. No. 13-1972; 2-25-1974 by Ord. No. 8-1974]
A.
Leave with pay not to exceed five days shall be permitted
where such absence is due to and necessitated by the death of a spouse
or parent or child of the employee, and leave with pay not to exceed
three days shall be permitted where such absence is due to and necessitated
by death of another member of the immediate family of the employee.
This leave must be taken in close proximity to the date of death of
the spouse, parent or child or other member of the immediate family.
B.
The term "other member of immediate family" utilized
herein shall mean brother, sister, mother-in-law or father-in-law,
wherever residing, or other near relative residing with the employee
as part of a common household.
C.
Leave with pay of one day shall be permitted where such absence is due to and necessitated by death of a grandparent of the employee, provided that, in the discretion of the department head, leave with pay for such purpose may be extended to a total of three days where necessitated by distance. This leave must be taken in close proximity to the date of death of the grandparent and is intended to be for the purpose of attending the funeral and/or making funeral arrangements as is the leave provided for in Subsection A above.
An employee, upon certification from the Department
of Health, may be entitled to sick leave when quarantined because
of exposure to a contagious disease.
A doctor's certificate of the treating physician,
if there is one, or otherwise of a physician having personal knowledge
of the employee's condition shall be presented for any absence from
work due to illness for a period embracing more than three successive
working days no later than the fifth day of absence. The certificate
shall state the nature of the illness, the period thereof and whether
the same is of sufficient seriousness to render the employee incapable
of working during the period of illness. Where an employee is absent
10 or more days during a calendar year, whether in one or more periods,
the employee shall present upon request of his department head proof
or certification by his physician that he is capable of continuing
to perform his duties efficiently and well and without personal risk
or danger. Nothing in this section shall preclude a department head
in an appropriate case from requesting an employee to submit to a
physical examination by a medical doctor selected by the City for
the purpose of establishing the degree of incapacity of an employee
or his ability to resume his duties.
A.
While sick leave may be accumulated when unused, no
absence from duty shall be excused therefor except for the reasons
set forth in this article. No accumulated sick leave payment shall
be made at the time of termination of service except where, by reason
of sickness or disability, an employee cannot or will not be able
to perform his duties satisfactorily and the City operation will be
handicapped thereby and the employee has accumulated sick leave. The
department head may submit for approval to the Mayor and City Council
a proposed lump-sum sick leave payment conditioned upon termination
of employment, such sum not to exceed the value of the accumulated
sick leave time computed at the last rate of pay of the employee.
Such sum shall not automatically be established at the maximum value,
but due consideration shall be given to the computed value thereof
and the relative likelihood that utilization of sick leave may not
be automatically justified in the future.
B.
After an employee has utilized all his earned accumulated
sick leave, an additional special sick leave of absence with pay or
part pay, not to exceed one year's duration, may be granted, upon
recommendation by the department head and with the approval of the
Mayor and the City Council by resolution, to any permanent employee
disabled either through injury or illness not as a result of or arising
from his respective employment, where the employee's disability is
of such severity and duration that he will require such extended special
sick leave. The department head shall make such recommendation only
after presentation of satisfactory evidence of the nature of the disability
and of its severity and duration and after considering factors showing
good reasons for such special leave, including, among other things,
the length of service of the employee, the employee's performance
on the job and the absence of any continued prior abuse of sick leave
on the part of the employee.
[Added 2-26-1973 by Ord. No. 7-1973]
Sick leave shall be disallowed where:
A.
An employee under medical care fails to follow the
instructions of his physician.
B.
The illness or disability is due in whole or in part
to some willful self-imposed act of the employee or is occasioned
by bad habits.
C.
The illness is determined not to be of sufficient
severity to warrant absence.
D.
The employee could without danger or discomfort (as
determined by a City-retained physician) be assigned to other tasks
for which he is qualified and refuses to accept such assignments.
E.
Upon request of the department head, the employee
fails or refuses to cooperate with or submit to an examination by
a City-retained physician seeking to establish the extent, duration
and severity of incapacity of the employee.
F.
The employee has been negligent in advising his superior
promptly of his inability to report for work and thereafter of the
prospective duration of his absence from work.
[Added 5-9-1988 by Ord. No. 5-1988]
A.
Unclassified City officials shall earn sick days on
the basis of 2 1/2 days per month for each month worked, up to
a maximum of 30 days per calendar year.
B.
Sick days may be accumulated; however, if an official
is absent due to illness for more than five consecutive days, a doctor's
certificate will be required. Under extenuating circumstances and
where sick time has been exhausted, a request to apply available vacation
time can be approved for the official by the Mayor.
C.
The Mayor may require an official who has been absent
because of personal illness, as a condition of his or her return to
duty, to be examined by a physician. Such examination shall establish
whether the official is capable of performing his or her normal duties
and that such return will not jeopardize the health of other employees.
If an official is absent due to illness for more than 15 days within
a calendar year, a doctor's certificate will be required.
D.
Where an official has been absent because of personal
illness in excess of 30 days within a calendar year, as a condition
of continued use of paid leave time the Mayor may require that a medical
examination be performed by a physician designated by the City, and
an appropriate certification must be submitted as evidence thereof.
The Mayor may authorize additional sick leave for officials when this
procedure is implemented.
