[Adopted by Ord. No. 3-1997 (Ch. 20A of the
1979 Revised General Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
Biological, adopted or foster child, stepchild, legal ward
or child of an employee standing in loco parentis who is under 18
years of age or 18 years or age or older but incapable of self-care
because of a mental or physical impairment.
A person who is employed for at least 12 months by the Township
of Livingston for not less than 1,000 base hours of service during
the immediately preceding twelve-month period, with respect to whom
benefits are sought under this policy.
All benefits and policies provided or made available to employees
by an employer, which includes group life insurance, health insurance,
disability insurance, sick leave, annual leave, pensions or other
similar benefits.
A person who is the biological, adoptive, foster or step
parent or parent-in-law or legal guardian, having a parent-child relationship
with a child as defined by law or having sole or joint legal or physical
custody, care, guardianship or visitation with a child or who stands
or stood in loco parentis when the employee was a child.
Leave from employment under the terms of this policy and
the terms of the New Jersey Family Leave Act and/or the Federal Family
and Medical Leave Act, made necessary:
By reason of the birth of a child of an employee;
By reason of the placement of a child with an
employee in connection with adoption or foster care of such child
by employee;
By reason of a serious health condition of the
employee; or
To allow an employee to care for the employee's
spouse, child or parent with a serious health condition.
Child, parent or spouse of employee.
Family and medical leave scheduled for fewer than an employee's
usual number of hours worked per workweek but not for fewer than an
employee's usual number of hours worked per workday unless agreed
to by the employer and the Township.
An illness, injury, impairment or physical or mental condition
which requires:
The Manager of the Township of Livingston.
[Added 10-1-2007 by Ord. No. 33-2007]
This article applies only to employees represented by PBA Local
263 in the ranks of Patrolman, Corporal or Sergeant.
A.
Upon notice to the Township Manager of the need for
leave, an employee shall be entitled to family and medical leave in
the following amount:
(2)
Twelve weeks in any two-calendar-year period for leave needed for any reason listed in § 31-1, the definition of family and medical leave, Subsections A through D, of this policy other than the employee's own serious health condition. Family and medical leave taken because of the employee's own serious health condition shall not decrease the amount of leave to which the employee is entitled under this subsection, but leave taken because of any other reason shall decrease that amount. Thus, even an employee who takes 12 weeks of leave for the employee's own serious health condition in any calendar year is entitled to an additional 12 weeks in any two-calendar-year period for any other reason listed in § 31-1.
B.
In the case of a serious health condition, the family
and medical leave may be taken intermittently or on a reduced leave
schedule when medically necessary.
C.
In the case of family and medical leave taken because
of the birth, adoption or placement of a child, the family and medical
leave may be taken intermittently or on a reduced leave schedule,
if agreed to by the Township Manager and the employee.
D.
Family and medical leave taken because of the birth
or placement for adoption of a child may commence within a year after
the date of the birth or placement for adoption.
E.
Family and medical leave may be paid, unpaid or a
combination of paid and unpaid. An employee must use any available
paid vacation, sick or personal paid time off in conjunction with
family and medical leave until all such available paid time off is
exhausted. Time off on family and medical leave which is also paid
time off as vacation, sick or personal time is deducted from the employee's
family and medical leave time entitlement. From that point in time
forward, the remaining family and medical leave is generally unpaid.
However, the Township Manager may, solely as a matter of discretion,
grant an employee pay for some or all of the otherwise unpaid remaining
family and medical leave.
F.
The Township Manager may require that any period of
family and medical leave taken because of a serious health condition
be supported by certification issued by a duly licensed health care
provider or any other health care provider. In any case in which the
Township Manager has reason to doubt the validity of the certification
provided by the employee, the Township Manager may require, at the
Township's expense, that the employee obtain an opinion regarding
the serious health condition from a second health care provider designated
or approved, but not employed on a regular basis, by the Township.
If the second opinion differs from the certification provided by the
employee, the Township Manager may require, at the Township's expense,
that the employee obtain the opinion of a third health care provider
designated or approved jointly by the Township Manager and the employee
concerning the serious health condition. The opinion of the third
health care provider shall be considered to be final and shall be
binding on the Township and the employee.
G.
In any case in which the necessity for family and
medical leave is foreseeable, the employee shall provide the Township
Manager with prior notice of 30 days' duration or as much time as
practicable if 30 days' notice is not practicable.
H.
No employee shall, during any period of family and
medical leave taken pursuant to this policy, perform services on a
full-time basis for any person for whom the employee did not provide
those services immediately prior to commencement of the family and
medical leave.
I.
Deductions from the salary of an employee who is FLSA-exempt
for unpaid intermittent or reduced leave schedule family and medical
leave shall be made only for family and medical leave authorized under
the Federal Family and Medical Leave Act and for no unpaid family
and medical leave not so authorized.
J.
An employee eligible for family and medical leave
may elect to use compensatory time off instead of family and medical
leave. Such time used shall reduce the employee's earned compensatory
time but not the employee's family and medical leave entitlement.
An employee must notify the Township Manager of the employee's intent
to use compensatory time rather than family and medical leave time
at the time the employee gives notice of the need for leave.
A.
The Township Manager shall display conspicuous notice
of the Township's employees' rights and obligations and use other
appropriate means to keep the employees so informed.
B.
The Township Manager shall notify each employee requesting
family and medical leave of the designation of the leave against the
employee's family and medical leave entitlement, medical certification
requirements, notice of concurrent paid leave, requirements for paying
health benefit premiums, the employee's potential liability for the
Township's share of health benefit premiums if the employee fails
to return from leave, right to restoration upon the end of family
and medical leave or the Township's intent to deny restoration, as
provided by the terms of this policy (if the Township has formed such
an intention at the time), fitness-for-duty report requirements and
other information the Township Manager determines is appropriate.
An employee who exercises the right to family and medical leave shall, upon the expiration of the family and medical leave, be entitled to restoration by the Township to the position held by the employee when the leave commenced or to an equivalent position of like seniority, status, employee benefits, pay and other terms and conditions of employment, except as provided in § 31-5. If, during a family and medical leave, the Township experiences a reduction in force, layoff or any other event which means that the employee would have lost the employee's position had the employee not been on family and medical leave, the employee shall not be entitled to a reinstatement to the former or an equivalent position. The employee shall retain all rights under any applicable layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the family and medical leave.
A.
The Township Manager may deny reinstatement from family
and medical leave to the employee if:
(1)
The employee is a salaried employee who is among the
highest paid 5% of the Township's employees or the seven highest paid
employees of the Township, whichever is greater;
(2)
The denial is necessary to prevent substantial and
grievous economic injury to the Township's operations; and
(3)
The Township Manager notifies the employee of the
Township Manager's intent to deny restoration at the time the employee
requests family and medical leave or as soon as practicable thereafter.
B.
In any case in which the family and medical leave
has already commenced at the time of the notification pursuant to
this section the employee shall return to work within a reasonable
time determined by the Township Manager under the circumstances.
A.
During a family and medical leave, the Township shall
maintain coverage under any group health insurance policy, group subscriber
contract or health care plan at the level and under each and all of
the conditions coverage would have been provided if the employee had
continued in employment, including any conditions regarding termination
of coverage. The employee shall be responsible for paying the same
portion of premiums for coverage as if the employees were not on family
and medical leave, whether or not the employee is using paid leave
concurrently with family and medical leave.
B.
During a family and medical leave, the Township shall provide any employment benefits that are not required to be maintained pursuant to Subsection A of this section, pursuant to the Township's policy with regard to employment benefits for employees on temporary leave from employment, including any conditions providing termination of coverage.
