The provisions of this article shall apply to
all Borough employees except as otherwise provided and except as otherwise
provided by individual employment contract or collective negotiation
agreement.
[Amended 4-14-1998 by Ord. No. 5-98; 6-5-2008 by Ord. No.
15-08]
The Borough management grants time off with
pay to employees and identifies the absence as excused time under
the following circumstances only:
A. Time necessary for involuntary participation in governmental
proceedings such as jury duty, draft board examinations, Workmen's
Compensation Board hearings or appearing in court as a subpoenaed
witness in connection with the employee's official duties with the
Borough
B. Time necessary for voting. Any eligible employee who
desires to vote in a general election, primary election, special election
or local election in the community where he resides, and who is required
to work on the day of such election and whose hours of work are such
that it will be difficult or impossible for him to vote, shall be
granted two hours of excused time off to vote. Such time off shall
be allowed only at the beginning or end of the employee's tour of
duty as designated by his supervisor. However, any employee who has
four or more consecutive hours before or after his working hours during
which polls are open will be considered to have sufficient time to
vote outside of his working hours and will not, therefore, be granted
excused time.
C. Time for donating to the Community Blood Bank. Any
employee who donates blood to the blood bank during his normal work
schedule is granted the rest of that working day off as excused time.
Any employee who donates blood outside his normal work schedule is
granted three hours of excused time, to be taken at a time mutually
convenient to the employee and his supervisor.
D. One day in connection with wedding or civil union
of the employee.
E. One day in connection with the birth of a child in
the employee's immediate family.
F. One day when the employee who is head of household
moves his/her family from one permanent residence to another.
G. Illness of spouse or civil union partner when preschool
or disabled child needs care, or illness of minor (pre-high school)
child when the employee is the only adult in the household responsible
for the minor child's care (limited to a total of two paid days off
per calendar year).
H. When early termination of workday for employees is
announced by the Mayor.
I. Special individual situations as recommended by the
department head or Borough Administrator.
[Amended 4-14-1998 by Ord. No. 5-98]
A. Family and Medical Leave Act policy.
[Amended 6-5-2008 by Ord. No. 15-08; 5-13-2014 by Ord. No. 4-14]
(1) 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 year of service with the Borough, and,
at least 1,000 hours of work (for New Jersey leave) and 1,250 hours
of work (for federal leave) during the previous 12 months and be 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 12 weeks of leave per year (FMLA) or 12 weeks every
24 months (FLA).
(2) 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.
(3) Upon written notice, eligible employees are entitled to a family
or medical leave for up to 12 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.
(4) The period of leave must be supported by a physician's certificate.
An extension past 12 weeks can be requested, but medical verification
of the need must be submitted prior to the expiration of the leave.
The Borough reserves the right to deny any request for extended leave.
Additional information concerning the family leave policy and eligibility
requirements are available from the Personnel Administrator.
(5) Commencing July 1, 2009, family temporary disability ("FTD") payments
for up to six weeks in a twelve-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 1,000
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.
(6) 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 Borough 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 nondisruptive
manner. Employees requesting such leave shall provide the Borough
with a regular schedule of days for intermittent leave.
(7) Military leaves.
(a)
Employees may also be eligible for an unpaid leave for up to
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 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
service member in the line of duty on active duty that may render
the service member medically unfit to perform the duties of his or
her office, grade, rank, or rating.
(b)
Serious injury or illness.
[1]
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:
[a] 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 service member unable to perform the duties
of the service member's office, grade, rank, or rating; or
[b] 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% or greater, and the need for military
caregiver leave is related to that condition; or
[c] 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
[d] An injury that is the basis for the veteran's enrollment
in the Department of Veterans Affairs Program of Comprehensive Assistance
for Family Caregivers.
[2]
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.
[a] 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.
[b] In addition, upon an employer's request, certification
for qualifying exigency leave must be supported by a certification
containing the following information:
[3]
Statement or description of appropriate facts regarding the
qualifying exigency for which leave is needed;
[4]
Approximate date on which the qualifying exigency commenced
or will commence;
[5]
Beginning and end dates for leave to be taken for a single continuous
period of time;
[6]
An estimate of the frequency and duration of the qualifying
exigency if leave is needed on a reduced scheduled basis or intermittently;
and
[7]
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.
(c)
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.
(d)
Employees who request qualifying exigency leave to spend time
with a military member on rest and 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.
B. Military leave.
[Amended 6-5-2008 by Ord. No. 15-08]
(1) When a full-time employee (either permanent or temporary)
who is a member of the reserve component of any United States armed
force or the National Guard of any state, including the Naval Militia
and Air National Guard, is required to engage in field training or
is called for active duty, the employee will be granted a military
leave of absence for the duration of the service. The first 30 workdays
of the leave shall be with full pay, except that a member of the New
Jersey National Guard shall receive full pay for the first 90 days.
Thereafter, the employee shall be paid the difference between military
salary and the employee’s regular salary. The paid leave will
not be counted against any available time off, including but not limited
to vacation, sick or personal time. A full-time temporary employee
who has served less than one year shall not be entitled to paid leave
but shall be granted nonpaid military leave without loss of time.
(2) Employees on military service will also continue to
receive paid health insurance coverage during the period of the paid
leave plus an additional 30 calendar days after the paid leave is
exhausted. After this period has expired, employees may continue coverage
for themselves or their dependents under the (local unit type) group
plan by taking advantage of the COBRA provision. Members of the state-administered
retirement systems (PERS and PFRS) will continue accruing service
and salary credit in the system during the period of paid leave.
(3) Pursuant to the Uniformed Services Employment and
Reemployment Rights Act, any employee released from active duty under
honorable circumstances shall return to work without loss of privileges
or seniority within the following time limits: for service less than
31 calendar days, the employee must return to work on the beginning
of the first regularly scheduled workday or eight hours after the
end of military duty, with reasonable allowances for commuting; for
service of 31 to 180 calendar days, the employee must submit an application
for reinstatement within 14 calendar days after completing military
duty; for service greater than 180 calendar days, the employee must
submit an application for reinstatement within 90 calendar days after
completing military duty.
C. Leave without pay.
(1) Leave without pay, other than family or military leave,
shall be granted to an employee only upon request. It shall be granted
only when the employee has used his/her accumulated sick leave in
the case of illness, or his/her vacation leave if leave without pay
is requested for reasons other than illness. Written inquiries for
leave without pay must be initiated by the employee, favorably endorsed
by the director of the department and approved by the Mayor and Council
before becoming effective. Such leave, except for military leave without
pay, shall not be approved for a period longer than six months at
one time. The Mayor and Council may extend such leave for an additional
six months or any portion thereof.
(2) A request for any type of leave except sick leave
or death leave shall be made on a form prescribed by the Borough Administrator.
Such request, whenever possible, shall be made far enough in advance
to permit approval, and, at the same time, to permit coverage for
the particular employment so that municipal services shall not suffer.
In the case of sick leave, the employee shall notify his/her department
supervisor immediately if he/she is unable to report for work.
D. Convention leave.
(1) Employees shall submit requests in writing, no later
than 60 days prior to the date for the convention leave, to the Administrator
for approval.
(2) Any employee who is a duly authorized representative
of any of the organizations listed in N.J.S.A. 38:23-2, and any amendment
thereto, shall be granted a leave of absence, with pay for an aggregate
period not to exceed five days in any calendar year for the purpose
of traveling to and from and attending any state or national convention
of the organizations listed in the aforesaid statute.
E. Domestic violence leave.
[Added 5-13-2014 by Ord. No. 4-14]
(1) The New Jersey Security and Financial Entitlement Act, also known
as the "NJ SAFE Act" provides protection for employees and their family
members who have been the victim of domestic violence or sexual assault.
Employees are entitled to 20 days of unpaid protected leave from work
to:
(a)
Seek medical attention for physical or psychological injuries;
(b)
Obtain services from a victim services organization, pursue
psychological or other counseling;
(c)
Participate in safety planning for temporary or permanent relocation;
(d)
Seek legal assistance to ensure health and safety of the employee
or the employee's relative; or
(e)
Attend, participate in, or prepare for a criminal or civil court
proceeding relating to an incident of domestic or sexual violence.
(2) To be eligible for the leave, an employee must meet the following
criteria:
(a)
The employee or their child, parent, spouse or domestic partner
must be a victim of domestic violence or a sexually violent offense;
(b)
The employee must have worked for the employer for at least
12 months and for at least 1,000 hours during the twelve-month period
immediately preceding the requested leave; and
(c)
The twenty-day leave must be taken within one year of the qualifying
event.
(3) Employees may take leave on an intermittent basis but such leave
cannot be shorter than one full day. To the extent the leave is foreseeable,
employees must provide advance notice. In addition, employee seeking
leave must provide proof that they qualify for the leave. Such proof
may include restraining order, letter from a prosecutor, proof of
conviction, medical documentation or a certification from an agency
or professional involved in assisting the employee.
(4) In certain circumstances, the basis for the leave may also qualify
under the federal Family and Medical Leave Act and/or the New Jersey
Family Leave act. If so, the Borough will treat the leave concurrently
with the leave under those statutes. Employees may be required to
use accrued paid vacation leave, personal time or sick leave concurrently.
(5) The Borough shall protect the privacy of employees who seek leave
by holding the request for leave, the leave itself or the failure
to return to work in the strictest confidence.
(6) The Borough shall not retaliate, harass or discriminate against any
employee exercising his/her right to take the leave provided by this
policy.
[Amended 5-25-1999 by Ord. No. 9-99]
Paid full-time employees of the Borough, except
employees included in bargaining units covered by collective bargaining
agreements, shall be entitled to two personal days off with pay per
year. Employee requests for personal days shall be subject to the
approval of the employee's department head or, in the case of department
heads, subject to the approval of the Borough Administrator.