Borough of Kenilworth, 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.

§ 37-37 Paid holidays.

All full-time and part-time employees are entitled to the following paid holidays, effective upon commencement of employment, and provided that the employee worked at least one day during the week in which the holiday falls, unless an employee has received advance approval from his or her department head to take the week in which the holiday falls as a vacation:

[Amended 10-5-2022 by Ord. No. 2022-18]

(1)

New Year's Day.

(2)

Martin Luther King's Birthday.

Presidents Day.

Good Friday.

Memorial Day.

Independence Day.

Labor Day.

Columbus Day.

Veterans Day.

Election Day.

Thanksgiving Day.

Day after Thanksgiving.

(13)

Christmas Day.

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.

Holiday pay paid to part-time hourly employees shall be based on their straight time hourly rate and shall be based on the average number of hours worked by such employees during the immediately preceding 90 days.

§ 37-38 Vacation leave.

[Amended 6-1-2022 by Ord. No. 2022-08]

Full-time employees.

(1)

Vacation is an accrued benefit based on the following schedule:

(a)

One through seven years of service: two weeks;

(b)

After completion of seven years of service through 14 years: three weeks;

(c)

After the completion of 14 years of service through 19 years: four weeks; and

(d)

After the completion of 19 years: five weeks.

(2)

Except as may be otherwise agreed by the department head, during the months of July and August vacations must be taken in one-week increments and with as far advance notice to the department head as is practical and must be approved by the department head. In all other events, employees must receive their department head's approval at least two weeks in advance of the first vacation day.

(3)

A full-time employee appointed on or before May 4, 2022, shall be entitled to a minimum of three weeks of vacation leave regardless of their years of service.

(4)

At the time of appointment, the Mayor and Council may credit a person being appointed with one or more years of service based upon that person's prior related professional experience solely for purposes of calculating his or her vacation leave accrued while employed with the Borough under this section. No such credit shall be guaranteed to a new appointment, and any credit provided to a new employee shall be in the sole discretion of the Mayor and Council based on the hiring needs of the Borough.

Part-time employees.

(1)

All part-time hourly employees hired prior to January 1, 2009, shall be entitled to vacation based on the same schedule as full-time employees.

(2)

All part-time hourly employees hired after December 31, 2008, shall be entitled to five paid vacation days after the completion of one year of service based on their straight-time hourly rate.

(3)

Employees compensated on an hourly rate basis shall be entitled to vacation pay based on their straight-time hourly rate. A vacation week for an hourly employee shall be based on the average number of hours worked by such employee during the immediately preceding 90 days.

The vacation leave provided in this section does not apply to any employee whose employment is governed by a collective bargaining agreement providing alternative vacation leave benefits.

[Amended 9-7-2022 by Ord. No. 2022-12]

Any vacation leave accrued in the first or final year of employment shall be on a pro-rated basis calculated by the full months worked during that calendar year.

All employees who qualify for vacation leave and who resign or are released by the Borough for reasons other than cause shall be entitled to receive vacation pay (pro-rated) due with the employee's final paycheck. The amount payable shall be determined pro rata based on the number of complete months worked. Employees dismissed for cause shall not be entitled to such vacation pay.

Any vacation days not used at the end of a year shall be forfeited and the employee shall not be entitled to payment for any such day, except that carryover may be permitted in limited circumstances where authorized by the Mayor and Council if such leave time is not utilized in a given year due to a recognized state of emergency at that time.

§ 37-39 Personal leave.

All full-time employees and all part-time hourly employees hired on or before December 31, 2008, who are not subject to a collective bargaining agreement are entitled to two personal days per year, and any unused days are forfeited at the end of each calendar year.

All part-time hourly employees hired on or after January 1, 2009, shall not be entitled to personal days.

§ 37-40 Sick leave.

All full-time employees and all part-time hourly employees hired on or before December 31, 2008, who have completed at least one year of service are entitled to five working days of sick leave per calendar year. All part-time hourly employees hired on or after January 1, 2009, who have completed at least one year of service are entitled to two working days of sick leave per calendar year. School crossing guards shall be entitled to three sick days per year. Sick leave is to be used only in cases where the employee is ill and unable to work or in cases of the serious illness of a family member.

All employees absent on sick leave for three or more consecutive working days must submit a doctor's verification of illness or injury. If an employee is attending to an immediate family member, a doctor's verification of that individual is required. After the 10th 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 Borough may require an employee to be examined by a physician designated by the Borough to verify fitness to return to normal duties. An employee will not be permitted to return to work until the verification is received.

Any sick days not used during a calendar year may be added to the vacation time allowed to an employee in the following calendar year only and not thereafter.

Employees compensated on an hourly rate basis shall be entitled to sick pay based on their straight-time hourly rate. A sick day for an hourly employee shall be based on the average number of hours worked by such employee per day during the immediately preceding 90 days.

§ 37-41 Bereavement leave.

Full-time employees are entitled to five consecutive calendar days leave of absence for each death of an employee's immediate relative. Bereavement leave shall not extend beyond seven consecutive calendar days immediately following the death of a family member. "Immediate relative" includes spouse or significant other, child, parent, stepchild, sibling, grandparents, and/or grandchildren or any person related by blood or marriage residing in an employee's household. For all other individuals related to the employee by blood or marriage, the employee shall be entitled to two days leave of absence.

Employees are paid for all working days during the bereavement leave.

§ 37-42 Jury duty.

A permanent 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, up to a maximum of eight hours per day. Payment to an hourly employee shall be based on the average number of hours worked in the immediately preceding 90 days.

§ 37-43 Leave of absence.

Employees may be granted a personal leave of absence for up to six months at the sole discretion of the governing body 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 governing body may extend a leave of absence for an additional six months, if such extension is considered in the best interests of the Borough.

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 Borough Health Benefits Policy.[1] A personal leave is granted with the understanding that the employee intends to return to work for the Borough. If the employee fails to return within five business days after the expiration of the leave, the employee shall be considered to have resigned.

[1]

Editor's Note: See § 37-49.

§ 37-44 Family and Medical Leave Act.

Employees who have been employed for at least 12 continuous months and have worked at least 1,000 base hours, excluding overtime, in the preceding twelve-month period are eligible for family and medical leave with no loss of position or pay rate. However, employees on such leave will not continue to accrue vacation days, sick days, personal days or longevity. Employees taking family or medical leave under this section continue to be eligible for paid health insurance coverage under the Borough policy.

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 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 Borough reserves the right to deny any request for extended leave. Additional information concerning the Family Leave Policy and eligibility requirements is available from the Administrative Officer.

[Amended 9-7-2022 by Ord. No. 2022-12]

§ 37-45 Military leave.

Any full-time employee who is a member of the National Guard, Naval Militia, Air National Guard, or a reserve component of any United States armed force who is required to engage in field training will be granted a military leave of absence with pay for the training period as authorized by law. The paid leave will not be counted against any available vacation.

When an employee, after one year's service with the Borough, is called to active duty or inducted into the United States military, the employee shall automatically be granted an indefinite leave of absence for the duration of military service. To be reinstated by the Borough without loss of privileges or seniority, the employee must report for duty with the Borough within 60 days following release from active duty under honorable circumstances.

During the period of active military duty, the employee shall be paid the difference between military salary and the employee's regular salary for a period not to exceed 180 days. Employees on active service will also continue to receive paid health insurance coverage during the one-hundred-and-eighty-day period plus an additional 30 days. After this period has expired, employees may continue coverage for themselves or their dependents under the Borough 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 one-hundred-and-eighty-day period.