Township of Rochelle Park, NJ Paid and Unpaid Time Off Policies

Article V Paid and Unpaid Time Off Policies

These policies cover nonunion employees. They also cover union employees to the extent that their collective bargaining agreements do not cover these issues.

§ 27-41 Paid holidays.

Employees are entitled to the following paid holidays:

(1)

New Year's Day.

(2)

Martin Luther King's birthday.

President's Day.

Good Friday.

Memorial Day.

Independence Day.

Labor Day.

Columbus Day.

Veterans Day.

Thanksgiving Day.

Day after Thanksgiving.

(12)

Christmas Day.

(13)

Two floating days for Election Day and Lincoln's birthday.

A holiday falling on a Saturday will be observed on the preceding Friday, and a holiday falling on a Sunday will be observed on the following Monday. The Township Committee may, by resolution, grant such additional holidays as deemed appropriate and may substitute any of the days in the year in place of holidays with the above listed.

§ 27-42 Vacation leave.

All full-time employees not covered contractually shall receive annual paid vacations. Vacations may be taken at any time during the calendar year and 60 days into the following year, both with the approval of the department head and Administrator.

After six months of continuous full-time employment vacations, will be computed as follows:

(1)

Six months, but less than two years: 10 working days.

[Amended 9-14-2022 by Ord. No. 2022-016]

(2)

Two years, but less than five years: 10 working days.

(3)

After five years, but less than 15 years: 15 working days.

(4)

After years 15 and over: 20 working days.

After the first six months, vacations are computed on the yearly date of employment.

Any employee leaving employment of the Township of Rochelle Park during the course of a year shall be entitled to have their vacation benefits based upon the period of service in that year.

§ 27-43 Personal leave.

Employees are entitled to two personal days per year and any unused days are forfeited at the end of each calendar year.

§ 27-44 Sick leave.

Sick leave is to be used only in cases where the employee is ill and unable to work. Employees absent on sick leave for three or more consecutive working days must submit a doctor's verification of illness or injury. After the tenth day of absence on sick leave in one calendar year, a doctor's verification must be submitted for all sick leave absences, regardless of duration. Prior to the return to work, the Township of Rochelle Park may require an employee to be examined by a physician designated by the Township of Rochelle Park to verify fitness to return to normal duties. An employee will not be permitted to return to work until the verification is received.

Sick leave policy will remain the same as contractual agreements, which is based on past practice of unlimited time.

In the event that an employee is absent on sick leave on the day before or the day after a paid holiday, a doctor's verification shall be required.

§ 27-45 Bereavement leave.

Employees are entitled to three consecutive calendar days leave of absence for each death of an employee's immediate relative but could be extended up to five consecutive days at the discretion of the Administrator. "Immediate relative" includes spouse or significant other, civil union partner, child, parent, stepchild, sibling, grandparents, daughter-in-law, son-in-law, grandchildren, niece, nephew, uncle, aunt, or any person related by blood or marriage residing in an employee's household. Employees are paid for all working days during the bereavement leave.

§ 27-46 Jury duty.

An employee required to render jury service shall be entitled to be absent from work during that service and will be paid the difference between any payment received for jury duty and the employee's regular salary.

§ 27-47 Leave of absence.

Employees may be granted a personal leave of absence for up to six months at the sole discretion of the Administrator if the leave does not cause undue operational disruption. The leave must include the use of any accrued vacation and sick leave time, regardless of the length of leave requested. The portion of the leave that runs beyond the exhaustion of vacation and sick leave will be without pay or longevity credit. In exceptional circumstances, the Administrator may extend a leave of absence for an additional six months, if such extension is considered in the best interests of the Township of Rochelle Park.

Personal leaves are not granted for the purpose of seeking or accepting employment with another employer, or for extended vacation time. Employees on personal leave of absence for more than two weeks in any month will not receive holiday pay, and will not accrue personal leave, sick leave or vacation time for that month. Health benefits may also be impacted. Refer to the Township of Rochelle Park Health Benefits Policy. A personal leave is granted with the understanding that the employee intends to return to work for the Township of Rochelle Park. If the employee fails to return within five business days after the expiration of the leave, the employee shall be considered to have resigned.

§ 27-48 Family and Medical Leave Act.

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 Township of Rochelle Park; 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 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 12 weeks of leave per year (FMLA) or 12 weeks every 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 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.

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 Township of Rochelle Park reserves the right to deny any request for extended leave. Additional information concerning the family leave policy and eligibility requirements are available from the Administrator.

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.

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 Township of Rochelle Park 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 Township of Rochelle Park with a regular schedule of days for intermittent leave.

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 discharge 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 there is a short-notice deployment, and a close member of his/her family must attend official ceremonies or family support or assistance meetings, 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.

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 United States 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.

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:

(1)

Statement or description of appropriate facts regarding the qualifying exigency for which leave is needed;

(2)

Approximate date on which the qualifying exigency commenced or will commence;

(3)

Beginning and end dates for leave to be taken for a single continuous period of time;

(4)

An estimate of the frequency and duration of the qualifying exigency if leave is needed on a reduced scheduled basis or intermittently; and

(5)

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.

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.

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.

§ 27-49 Maternity leave.

For a normal pregnancy, benefits are usually payable for four weeks before the expected delivery date and six weeks after the actual delivery date (eight weeks if you delivered by Cesarean section).

A doctor may certify that you are disabled for a longer period if:

(1)

You experience specific complications related to pregnancy.

(2)

You have another simultaneous disability.

(3)

You are physically unable to do your regular job.

§ 27-50 Domestic violence leave.

The New Jersey Security and Financial Empowerment 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:

(1)

Seek medical attention for physical or psychological injuries;

(2)

Obtain services from a victim services organization, pursue psychological or other counseling;

(3)

Participate in safety planning for temporary or permanent relocation;

(4)

Seek legal assistance to ensure health and safety of the employee or the employee's relative; or

(5)

Attend, participate in, or prepare for a criminal or civil court proceeding relating to an incident of domestic or sexual violence.

To be eligible for the leave, an employee must meet the following criteria:

(1)

The employee or their child, parent, spouse or domestic partner must be a victim of domestic violence or a sexually violent offense;

(2)

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

(3)

The twenty-day leave must be taken within one year of the qualifying event.

Employees may take leave on an intermittent basis but such leave can not 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.

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 Township of Rochelle Park 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.

The Township of Rochelle Park 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.

The Township of Rochelle Park shall not retaliate, harass or discriminate against any employee exercising his/her right to take the leave provided by this policy.

§ 27-51 Military leave.

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.

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 Township of Rochelle Park 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.

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.

§ 27-51.1 Earned sick leave.

[Added 7-24-2019 by Ord. No. 1143-19]

The Township adheres to the current statutory provisions set forth in the New Jersey Earned Sick Leave Law[1] (the "law") with respect to the accrual, use, and carryover of earned sick leave and has not elected to expand them. These provisions are:

(1)

Eligible employees earn up to a maximum of 40 hours paid leave per calendar year (the "benefit year") at the statutory ratio of one hour of leave earned for every 30 hours worked, and leave is paid at the same rate of pay as the employee normally earns, as computed in accordance with the law;

(2)

The paid leave shall only be used for the reasons permitted under the law and which are:

(a)

The employee's need for diagnosis, care, treatment, or recovery from a mental or physical illness, injury, or health condition or preventive medical care;

(b)

The employee needs to care for a family member during diagnosis, care, treatment, or recovery from a mental or physical illness, injury or health condition, or the family member requires preventive medical care;

(c)

The employee or a family member has been the victim of domestic violence or sexual violence and needs time for treatment, counseling, or to prepare for legal proceedings;

(d)

The employee needs to attend school-related conferences, meetings, or events regarding their child's education or to attend a school-related meeting regarding the child's health;

(e)

The employee's employer's business closes due to a public health emergency or the employee needs to care for their child whose school or child care provider closed due to a public health emergency.

(3)

A maximum of 40 hours shall be subject to carry forward from one benefit year to the next, and a maximum of 40 hours shall be eligible for use in any benefit year.

(4)

No payment for accrued and unused earned sick leave shall be made to an employee or his estate upon termination of employment, voluntary or involuntary, including resignation, retirement, or discharge.

(5)

Use of leave may also be counted toward leave entitlements under other laws as concurrent leave including but not limited to the FMLA and the NJFLA.

[1]

Editor's Note: See N.J.S.A. 34:11D-1 et seq.

An employee is required to provide advance notice of the need to take sick leave as soon as practicable in an emergency, and shall also be required to provide notice to the employer in advance for the foreseeable need to use leave at a future date (doctor's appointments or other appointments scheduled in advance that qualify for leave) seven days in advance of the leave, and shall schedule such leave in a manner such that the employer's needs are duly recognized and disruptions are minimized. Advance notice for unforeseeable or emergency leave shall require the employee to provide notice of the intention to use the leave and its duration.

Undue disruption or failure to give the required advance notice to the employer may be a cause to refuse foreseeable leave in the period requested. The Administrator may post notice of certain dates when use of foreseeable leave will not be permitted. Reasonable documentation, which shall not require the medical reason for the leave, shall be required in accordance with the law for any leave that lasts for three or more consecutive days or is taken during any period that has been restricted by the Administrator. The notice provided for any and all requests to use any leave shall indicate the duration and the reason for the leave, and such notice may be provided by the employee telephoning his or her supervisor. No leave will be permitted for any reason not included in the law, and misuse or abuse of the earned sick leave benefit will be subject to disciplinary action as permitted by that law and which can include discharge for cause.

The Township reserves its options with respect to the provisions of the New Jersey Earned Sick Leave Law, including but not limited to the options available for advance crediting of sick leave and repurchases of leave, upon recommendation of the Administrator. Employees may contact the Administrator in his role as Personnel Officer should they have any questions regarding this benefit, or access the New Jersey Department of Labor Website at mysickdays.nj.gov.

The law exempts the Township as a public employer from compliance with the Earned Sick Leave Law for those employees who are provided sick leave at full pay pursuant to any law or rule of New Jersey other than the Earned Sick Leave Law, and with respect to employees of the Township who are full time and eligible for sick pay, they are not also eligible under the Earned Sick Leave Law as employees of the Township.

Eligible employees under the law are those who are part time or seasonal employees, who may also qualify. All such employees employed by the Township on October 29, 2018, accrue earned sick leave from that date, and may utilize such earned accrued sick leave on February 26, 2019, and all such other eligible employees may use earned sick leave the 120th calendar day after being employed, which is accrued during their employment with the Township.

Seasonal employees or eligible employees who are rehired within six months of their separation from employment will be provided with any prior accrued earned sick leave credit upon their return to employment.

For the purposes of interpreting who may qualify as a family member, the Earned Sick Leave Law recognizes the following as an employee's family member: Child of the employee (biological, adopted, or foster child, stepchild or legal ward of an employee, or child of a domestic partner or civil union partner of the employee); grandchild of the employee; sibling of the employee; spouse of the employee; domestic partner of the employee; civil union partner of the employee; parent of the employee (biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or of the employee's spouse, domestic partner, or civil union partner, or a person who stood in loco parentis of the employee or the employee's spouse, domestic partner, or civil union partner when the employee, spouse, or partner was a minor child); grandparent of the employee; spouse, domestic partner, or civil union partner of a parent or grandparent of the employee; sibling of a spouse, domestic partner, or civil union partner of the employee; any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship. Note: For the purpose of the definition of "family member," an individual whose close association with the employee is equivalent of a family relationship shall include any person with whom the employee has a significant personal bond that is, or is like, a family relationship, regardless of biological or legal relationship.