Borough of Glassboro, NJ Leave

The Borough shall celebrate the following holidays:

New Year's Day.

Martin Luther King Jr. Day.

Presidents' Day.

Good Friday.

Memorial Day.

Independence Day.

Juneteenth.

Labor Day.

Columbus Day.

General Election Day.

(k)

Veterans' Day.

(l)

Thanksgiving Day.

(m)

Day after Thanksgiving.

(n)

Christmas Eve.

(o)

Christmas Day.

In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be the legal holiday, except for police officers, emergency medical service personnel and fire service personnel, who shall observe the holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday.

If Christmas Eve falls on a Monday, Tuesday, Wednesday or Thursday, employees shall be excused at 12:00 noon without loss of pay.

When a holiday falls within a period of paid leave, the holiday shall not be counted as a leave day in computing the amount of leave debited.

An employee who is absent without approved leave on the day immediately preceding or following a holiday shall lose the holiday as well as pay for that day.

Any full-time salaried employee, except an exempt employee, who is required to work on a holiday shall be paid straight time based on his/her salary unless otherwise covered by contract or collective bargaining agreement.

§ 97-48 Vacations.

Purpose. The purposes of this section are as follows:

To outline the vacation policy for eligible Borough employees.

To assure that vacation schedules are made with full reference to the operating needs of the Borough.

To provide for a procedure of approval and communication.

Statement of policy.

Unless otherwise provided by contract or collective bargaining agreement, full-time employees shall accrue vacation time on the following basis. (For the purpose of this section, one week equals 40 hours.)

During the first two calendar years of employment, two vacation days for every three months of service completed. As of January 1, following the employee's first anniversary of service, 10 vacation days per year.

Commencing with January 1 of the year in which the fifth anniversary of service occurs, employees will be eligible for three weeks' vacation with pay during that year, and in each year thereafter.

Commencing with January 1 of the year in which the 10th anniversary of service occurs, employees will be eligible for four weeks' vacation with pay during that year and in each year thereafter.

(d)

Commencing with January 1 of the year in which the 15th anniversary of service occurs, employees will be eligible for five weeks' vacation with pay during that year and in each year thereafter.

(e)

Commencing with January 1 of the year in which the 20th anniversary of service occurs, employees will be eligible for six weeks' vacation with pay during that year and in each year thereafter.

(f)

Years of service.

[1]

Employees with 25 years of service prior to January 1, 1999, will receive seven weeks' vacation with pay during that year and in each year thereafter.

[2]

Employees with more than 20 years of service but less than 25 prior to January 1, 1999, will receive six weeks' vacation, plus one additional day for each year between 20 and 25 years of service. Vacation eligibility will remain capped at this point.

[3]

Employees hired after March 1, 2001, will follow the preceding schedule but will have their vacation capped at five weeks per year.

Any such employees whose employment is terminated between January 1 and November 30 receive a prorated vacation benefit based upon years of service and vacation time earned as of date of termination.

Employees hired after January 1, 2024, will at the time of retirement or resignation have their vacation days prorated to days earned based on their separation date.

Vacations shall be scheduled at such times as the department head finds most suitable after considering the wishes of the employee and the requirements of the department and the Borough. All requests for vacation must be approved by the department head or the Borough Administrator prior to the commencement of the requested vacation. All requests must be submitted on any appropriate form to be distributed by management.

If the employee retires or resigns, such employee thereupon shall be entitled to a sum of money equal to his/her former regular compensation for any earned vacation leave time which has not been used; provided, however, that in the event such employee fails to give the department head under whom he/she is employed at least two weeks' notice of such termination of employment or is discharged for cause, the foregoing terminal vacation pay shall be forfeited.

Transfers. If an employee transfers from one department within the Borough to another, the vacation leave credits shall also be transferred. The established period of determining vacation credit will be from the employee's date of hire.

(7)

Vacation credit earned by an employee cannot be transferred to another employee.

(8)

Temporary employees shall not earn vacation nor be entitled to vacation upon separation.

(9)

Vacation leave will not accrue while an employee is on leave of absence without pay. Accrued and unused vacation leave may be used to supplement sick leave if the employee has exhausted sick leave accruals.

(10)

Paid holidays occurring during vacation are not charged to vacation.

(11)

Supervisors are responsible for so allocating individual vacation days or weeks that the activities of the Borough will be carried on with a minimum of delay or inconvenience. Insofar as is possible, the employee with the longest continuous service shall have preference in the assignment of vacation periods. To guarantee a particular week(s), the vacation request must be made by March 1.

(12)

Unless specifically authorized by the proper Borough Council committee, in advance, extra compensation or carryover will not be allowed in lieu of unused vacation, as it is desired that each employee take advantage of the authorized annual vacation period for health, rest, relaxation and pleasure. Any vacations approved for carryover must be taken before March 31 of the next year.

§ 97-49 Personal days.

Purpose. The purpose of this section is to provide a policy for uniform administration of personal days.

Statement of policy.

All full-time employees with at least one year of service shall be allowed five personal days off annually without loss of pay. (For the purpose of this section, one day equals eight hours.)

Except in an emergency, 48 hours' notice to the appropriate department head shall be required.

Personal days shall not accumulate from year to year. Employees, with the exception of FLSA-exempt employees, who have not utilized their personal time off by year end shall convert their unused time as follows:

Hour-for-hour compensatory time; or

One personal day for two sick days to be added to the employee's sick bank.

FLSA-exempt employees who have not utilized their personal time off by year end shall convert their unused time as follows:

One personal day for two sick days to be added to the employee's sick bank.

All special law enforcement Class 3 ("SLEO-3") employees shall be entitled to two personal days off (one day equals eight hours) annually without loss of pay. The terms and conditions set forth in Subsection B(1) through (4) above shall not apply to such employees. The Chief of Police or designee shall grant the two days on July 1 of each year. Unless specifically authorized by the proper Borough Council committee, in advance, extra compensation or carryover will not be allowed in lieu of unused personal days. Any personal days approved for carryover must be taken before September 30 of the next year.

§ 97-50 Sick leave.

Purpose. The purpose of this section is to establish guidelines for the accrual and use of sick leave for personal illness and on-the-job injuries for Borough employees or other circumstances as specified herein.

Statement of policy. Unless otherwise set forth in a collective bargaining agreement or employment contract, "sick leave" is hereby defined to mean the absence of an employee from duty because of personal illness that prevents his/her doing the usual duties of his position; exposure to contagious disease; or any other circumstances described below. (For the purpose of this section, one day equals eight hours.)

Sick leave circumstances.

An employee may take sick leave with pay for any of the reasons set forth in the New Jersey Sick Leave Law, as may be amended or supplemented from time to time. For a discussion of the law and its requirements, see:

https://www.nj.gov/labor/worker-protections/earnedsick/law.shtml.

Benefits are not payable for an illness or accident that is deliberately self-inflicted; the result of injury to another person; the result of committing a crime; or a consequence of working for another employer or any other work for wage or profit and the individual is entitled to workers' compensation benefits from that employer.

Additional sick leave terms and conditions. The following terms and conditions shall apply, effective October 29, 2018:

A full-time employee, after completion of one month of employment, shall be entitled to sick leave on the basis of one working day per month, not to exceed 10 working days. Such accrual shall continue until the start of the calendar year following the employee's first anniversary. At the start of the calendar year following the employee's first anniversary, the employee shall be entitled to 10 sick days per calendar year.

A part-time employee, after completion of 120 days of employment, shall be entitled to sick leave on the basis of one hour for every 30 hours worked for a maximum of 40 hours per year.

Sick leave not taken by an employee shall accumulate from year to year, except that under no circumstances will a full-time employee be permitted to accrue more than 100 sick days or a part-time employee be permitted to accrue more than 40 sick leave hours.

Full-time employees who retire in good standing or resign in good standing shall be paid for their unused/accumulated sick leave at a rate of $50 per day, not to exceed $5,000. No such payments shall be made for part-time employees or employees who do not complete their probationary period.

Sick leave benefits shall not accumulate during any leave of absence or disciplinary action which exceeds 30 days.

Sick leave may be used in increments of 1/2 hour. The Borough may choose the increments in which its employees may use earned sick leave, provided that the largest increment of earned sick leave that an employee may be required to use for each shift for which earned sick leave is used shall be the number of hours the employee was scheduled to work during that shift.

(7)

An employee who is absent for unforeseeable reasons that entitle him/her to sick leave shall notify his supervisor promptly but not later than 15 minutes before the employee's usual starting time, except in cases of extreme emergency where the employee is unable to do so. In the absence of the supervisor, employees shall contact the Borough Clerk or Borough Administrator. Failure to give such notice may be cause for denial of the use of sick leave for that absence and may constitute cause for disciplinary action.

(8)

If an employee's need to use earned sick leave is foreseeable, the employee shall provide seven calendar days of notice, prior to the date the leave is to begin, of the intention to use the leave and its expected duration and shall make a reasonable effort to schedule the use of earned sick leave in a manner that does not unduly disrupt the operations of the Borough. The Borough may prohibit an employee from using foreseeable earned sick leave on certain dates and require reasonable documentation if sick leave that is not foreseeable is used during those dates.

(9)

The employee may be required to produce a doctor's certificate verifying the need for sick leave for earned sick leave of three or more consecutive days or where the circumstances surrounding the use of sick leave give good cause for possible abuse (e.g., use of sick leave in conjunction with a holiday). In any instance where sick leave abuse is suspected, management shall have the right to require documentation verifying the need for sick leave. Documentation shall be specifically required for sick leave exceeding four days in a four-month period. In addition, documentation shall be required for all sick leave which exceeds 10 days in a calendar year. Failure to provide proper documentation will be considered abuse of sick leave, which will be cause for disciplinary action.

(10)

The requirements of what constitutes reasonable documentation for purposes of sick leave shall follow the New Jersey Earned Sick Leave Law.

(11)

(Reserved)

(12)

(Reserved)

(13)

Failure to produce a doctor's certification when reasonably required may be cause for denial of sick leave but shall not constitute a disciplinary infraction. The Borough may also require an employee to be examined by a physician appointed and paid by the Borough in order to verify the need for sick leave or to verify the employee's fitness to return to duty. In the event sick leave is not approved or the employee has exhausted his accumulated sick leave, the absence may be charged to the employee's vacation, if any, provided the employee agrees.

(14)

Abuse of sick leave will be cause for disciplinary action.

(15)

An employee covered by the Public Employees Retirement System or the Police and Fire Retirement System, upon retirement (service retirement, accidental disability, ordinary disability and early retirement, but not deferred retirement), shall be entitled to payment of unused sick time accumulated, in accordance with the current contract agreement for the employee's respective bargaining unit.

§ 97-51 Disability leave.

Purpose. The purpose of this section is to establish guidelines for the use of disability leave for Borough employees.

Statement of policy.

Except as otherwise provided in an employee's collective bargaining agreement or employment contract, an employee who is medically disabled as a result of illness or injury, but excluding injuries or illnesses covered under workers' compensation, shall be granted disability leave pursuant to the schedule attached to Chapter 97 of the Borough Code.

An employee shall not be entitled to paid disability benefits unless he or she has been unable to work for a continuous period of eight calendar days. The waiting period for disability leave will be covered by sick time.

An employee who has a remaining balance of paid sick days must use such leave to supplement the half-pay disability leave pursuant to the Borough's disability schedule.[1]

[1]

Editor's Note: The disability schedule is included as an attachment to this chapter.

When disability leave benefits set forth in the Borough's disability schedule are exhausted, an employee must return to work for a minimum of six months before the employee is eligible to receive disability leave benefits again. The period in which the disability leave days may be used is the twelve-month period beginning with the first day of disability.

Certification.

In order to be deemed "medically disabled" and thus be eligible to receive paid disability leave, an employee must present to the Administrator a disability certification form,[2] prior to a disability, that presents reasonable medical documentation regarding the nature and extent of his or her disability and the projected duration of the period of disability.

[2]

Editor's Note: The disability certification form is included as an attachment to this chapter.

The disability certification form must include the following:

[1]

Employee information and signature.

[2]

Medical certificate (form is available from the Administrator or Human Resources Coordinator).

[a]

Physician information.

[b]

Period of disability.

[c]

Treatment date and frequency.

[d]

Next appointment.

[e]

Start date employee unable to perform work duties.

[f]

Estimated return-to-work date.

[g]

Patient limitations upon return to work.

[h]

Diagnosis and diagnosis code.

[i]

Clinical data and test performed to support diagnosis.

[j]

Date and type of surgery.

[k]

Physician's signature and date.

The Borough agrees to keep the information related to the employee's medical condition confidential to the greatest extent possible. In addition, if the period of disability exceeds 60 days, the employer shall have the right, at its discretion and expense, to require that the employee submit to an independent medical exam by a physician selected by the employer.

§ 97-52 Bereavement leave.

Purpose. The purpose of this section is to establish guidelines for the use of bereavement leave due to death in the employee's immediate family.

Statement of policy.

Unless otherwise set forth in the applicable collective bargaining agreement, in the event of a death in the employee's immediate family, the employee shall be granted time off without loss of pay, as per the following schedule:

Three days off with pay in the event of death of the employee's immediate family. ["Immediate family member" is defined as parents or foster parents, stepparents, spouse, civil union partner, children (including in-laws), stepchildren or foster children of the employee, employee's sister, brother, mother-in-law, father-in-law, grandmother, grandfather, step-grandparents, brother-in-law, domestic partner, sister-in-law or any relatives who resided in the employee's home.]

Employees shall be granted one day off in case of death of an aunt, uncle, nephew, niece or first cousin.

If funeral services take place more than 150 miles (one way) from the employee's residence, five days will be allowed. The Borough retains the right to require appropriate documentation if necessary.

Paid sick leave may also be used in case of bereavement if additional time off is needed for the loss of an employee's spouse, child or parent.

Reasonable documentation shall be produced by the employee if requested by the Borough. The failure to provide reasonable documentation upon request may subject the employee to loss of pay for the absent days of work.

§ 97-53 Jury/court leave.

Purpose. The purpose of this section is to establish a policy for jury leave for Borough employees.

Statement of policy.

Any regular full-time or part-time employee who is required to serve on a jury or, as a result of official Borough of Glassboro duties, is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive shall be allowed authorized leave with pay less any amount received for such service. A probationary employee called will have his/her probationary period extended to by the same amount of time as required for serving on jury duty. An employee who receives notice of jury duty or witness service must notify his/her supervisor or department head immediately in order that arrangements may be made to cover the position. The Borough reserves the right to request that an employee who is called for jury duty be excused if their absence would create a hardship on the operational effectiveness of the department or Borough to which they are assigned.

The employee is responsible to turn over jury or witness fees to the Chief Financial Officer, excluding mileage fees.

Time away will not affect vacation, sick leave or personal leave accruals.

Employees who appear in court as the plaintiff or defendant in any action not related to their official duties shall not be paid for time away from work.

The employee may keep any court payment for services performed on the days of his/her regularly scheduled weekend or performed while on vacation or personal leave.

Employees are to return to work after jury duty, although no more than the regularly scheduled number of hours for both jury duty and work shall be required. If excused as a juror on any given day, the employee is expected to contact his/her supervisor and to report to work as instructed.

§ 97-54 Maternity leave.

Purpose. The purpose of this section is to establish procedures by which an employee may take maternity leave.

Procedure.

After one year of continuous employment with the Borough, an employee may be eligible for paid maternity leave. An employee who is unable to work due to pregnancy shall be granted 10 weeks of paid maternity leave at full pay. Maternity leave shall include leave taken prior to the birth of the child.

An employee going on maternity leave due to a disability must submit appropriate medical documentation to her supervisor/department head three months before the delivery date. The supervisor/department head will forward the written request and medical documentation to the Borough Administrator. Within two weeks, the Borough Administrator shall notify the employee, in writing, of the approval or denial of the request.

An employee who wishes to return from maternity leave prior to the originally scheduled date should submit a written request to the Borough Administrator.

An employee returning from maternity leave following the delivery of a child shall submit to the department head a medical certificate stating she is able to resume her normal duties.

§ 97-55 Leave of absence without pay.

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. 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 Borough.

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.

No sick leave, holiday, vacation benefits or any benefits shall accrue while the employee is on leave of absence without pay. The employee's anniversary date shall be adjusted to reflect the length of the absence for the purposes of computing longevity. The employee will receive no pension credit for the period of the leave of absence because no contribution will be remitted on the employee's behalf.

Upon exhaustion of any paid leave utilized during a leave of absence under this policy, and assuming that all other forms of unpaid leave (FMLA, FLA, etc.) are exhausted, the availability of health benefits will be subject to termination under COBRA guidelines, unless the employee agrees to pay the full cost of such benefits.

Personal leaves are not granted for the purpose of seeking or accepting employment with another employer or for extended vacation time. 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.

§ 97-56 Federal family and medical leave.

In accordance with the Federal Family and Medical Leave Act ("FMLA"), the Borough provides eligible employees with up to 12 weeks of unpaid medical and family leave during any twelve-month period and up to 26 workweeks to care for a covered service member. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or an equivalent position. The following outlines employees' rights and obligations under the FMLA and the Borough's policies implementing the FMLA.

Leave available. Eligible employees may take up to a total of 12 weeks of unpaid leave during any twelve-month period for any one or more of the following reasons:

The birth, adoption or placement for foster care of the son or daughter of an employee, and to care for such child;

A serious health condition of a spouse, son, daughter or parent of an employee if the employee is needed to care for such family member;

A serious health condition of an employee that makes an employee unable to work. Generally, the incapacity must result in the employee's inability to work for more than three consecutive days (although there are certain exceptions to this rule); or

SERIOUS INJURY OR ILLNESS

Any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is a member of the regular Armed Forces, National Guard or Reserves on active duty status during the deployment to a foreign country and/or has been notified of an impending call to active duty status as such in support of a contingency operation.

In addition, eligible employees who are either spouse, son, daughter, parent or next-of-kin of a covered service member shall be entitled to a total of 26 workweeks of unpaid leave during a single twelve-month period to care for the covered service member. During this single twelve-month period, an eligible employee who qualifies for leave to provide care for the covered service member shall be entitled to no more than a combined total of 26 workweeks of leave.

Definitions. As used in this section, the following terms shall have the meanings indicated:

COVERED SERVICE MEMBER

A member of the Armed Forces, including a member of the National Guard or Reserves, or a recent veteran who has been discharged, other than dishonorably, within the five years preceding the family member's initial request for leave, who has a serious injury or illness, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

ELIGIBLE EMPLOYEE

An individual who has been employed by the Borough for at least 12 months, has worked at least 1,250 hours during the preceding twelve-month period, and is employed at a work site with at least 50 employees within 75 miles of that work site.

NEXT OF KIN

The nearest blood relative of the individual.

QUALIFYING EXIGENCY

Covers a number of broad categories of reasons and activities, including short-notice deployment to a foreign country, military events and related activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities agreed to by the employer and the employee.

SERIOUS HEALTH CONDITION

An illness, injury, impairment or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. It generally includes a period of incapacity due to pregnancy, prenatal care, a chronic health condition, a permanent or long-term health condition, or restorative or preventive treatment.

An injury or illness incurred by a covered service member in the line of duty or on active duty in the Armed Forces, National Guard or Reserves, incurred in the line of duty on active duty or whose preexisting condition has been aggravated by his/her active duty service, that may render the service member medically unfit to perform the duties of the member's office, grade, rank or rating.

Eligibility. Any employee who has been employed by the Borough for 12 months or more and worked 1,250 hours or more in the twelve-month period preceding the first day of the requested leave may be eligible for an unpaid leave of absence of up to 12 weeks during any twelve-month period. The twelve-month period shall be determined by using a rolling twelve-month period that commences with the first day of leave taken.

Leave to care for a child after birth, adoption, or foster care must conclude within 12 months of the child's birth or placement. If both spouses work for the Borough, they may only take a total of 12 weeks between them during the twelve-month period in order to care for a child after birth, adoption, or foster care or to care for a parent with a serious health condition and a combined 26 weeks in a single twelve-month period for military caregiver leave or a combination of military caregiver leave and other FMLA qualifying reasons. Each spouse may be entitled to additional leave for other qualifying reasons under the FMLA, such as the employee's own illness or for the serious illness of the employee's child.

Notice. When the leave is foreseeable, at least 30 days' advance notice to the Borough, in writing, is required. If 30 days' notice cannot be provided, as much notice as is practical should be provided. Failure to give reasonable notice may delay the availability of the leave.

Certification. Where leave is taken to care for a family member with a serious health condition or because of the employee's own serious health condition, medical certification is required, and periodic recertification may be required. In addition, where the leave is taken because of the employee's own serious health condition, a certification of fitness to return to work will be required.

The Borough, at its expense, may require an examination by a second health care provider designated by the Borough. If the second health care provider's opinion conflicts with the original medical certification, the Borough, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion.

For military exigency leave, an employee may be required to provide certification that the covered military member is a member of the regular Armed Forces, National Guard or Reserves who is on active duty or called to active duty in support of a contingency operation, as well as certification from the employee about the nature and details of the specific exigency, the amount of leave needed, and the employee's relationship to the military member. For military caregiver leave, the employee may be required to provide information from the health care provider and employee and/or covered service member to support such leave.

Absent unusual circumstances, medical certifications must be provided within 15 days. The Borough will also require periodic status reports from employees concerning their intended return date.

Failure to provide requested documentation may result in denial of leave. The Borough may attempt to clarify or authenticate the certification or may require additional certifications to support the need for leave. When leave is taken to care for a family member, the Borough may require the employee to provide documentation or a statement of family relationship (e.g., birth certificate or court document) and proof of the need to care for the family member.

Utilization of paid leave. FMLA leave is unpaid. FMLA leave will run concurrently with any other forms of leave received for the same circumstances and time frame. An employee will be required to use any available accumulated paid leave concurrently with the employee's FMLA leave. Employees may not receive more than 100% of salary at any time.

Coordination with other leave policies. The period of time attributable to the employee's absence due to any workers' compensation, disability, or sick leave will be counted against available leave under this policy to the extent permitted by law. In the event that additional family, medical or sick leave is available pursuant to state laws, this leave will also run concurrently with FMLA leave to the extent permitted by law.

Intermittent leave. When medically necessary, leave taken because of a serious health condition of an employee or family member or to care for a covered service member may be taken on an intermittent or reduced work schedule basis. The employee and employer shall attempt to work out a schedule for such leave that meets the employee's needs without unduly disrupting the employer's operations, subject to the approval of the employee's health care provider.

Employment and benefits protection. During the leave, health benefits will continue for up to 12 weeks in each rolling twelve-month period under the same conditions as if the employee continued to work. Employees must, however, pay the same amount for any benefits continued as they do prior to the leave. Other benefits, if any, will continue during the leave under the same conditions as if the employee continued to work.

If paid leave is substituted for unpaid FMLA leave, the Borough will deduct the employee's portion of the health plan premium as a regular payroll deduction. If the employee's FMLA leave is unpaid, the employee must pay his/her portion of the premium in accordance with a payment method that is devised and mutually agreed upon between the employee and the Borough.

Employees should consult with the Administrator or Human Resources Coordinator prior to taking an approved leave. If you fail to return to work after your FMLA leave for any reason except for circumstances beyond your control, you must pay back all unpaid health insurance premiums.

With regard to the employee's contribution portion of his/her health benefits pursuant to P.L. 2011, c. 78, and any voluntary supplemental benefits that the employee may have, the employee is solely responsible for making payment arrangements with the Borough or, for any voluntary benefits, to the respective insurance company. Your health care coverage may cease if your premium payment is more than 30 days late. With regard to any pension contribution that you may have, you must contact the Administrator to make payment arrangements concerning contributions or credits paid toward your pension benefits. If you fail to return to work after your FMLA leave for any reason except for circumstances beyond your control, you must pay back all unpaid health insurance premiums.

Before returning to work following a medical leave (except for intermittent or reduced-schedule leave) due to the employee's own serious health condition, the employee will be required to present a fitness for duty certification from his/her health care provider that he/she is medically able to resume work. If the date on which the employee is scheduled to return to work from FMLA leave changes, the employee is required to give notice of the change, if foreseeable, to the Borough within two business days of the change.

Subject to some exceptions set forth in the FMLA, most employees will be returned to the position they left or to a position equivalent in pay, benefits and other terms of employment.

A failure to return from FMLA leave for reasons other than the employee's own serious health condition may result in termination of employment. In the event that an employee cannot return to work at the end of FMLA leave due to a continuation of his/her own serious health condition, they must contact the Borough before the expiration of the leave to discuss their options under state and federal law. State leave laws may provide additional leave similar to that provided under the FMLA. The Borough will comply with these state law provisions to the extent they provide for more-generous benefits. State leave law benefits will run concurrently with FMLA benefits to the extent permitted by law.

Family temporary disability. During a period of unpaid leave to care for a family member with a serious health condition or a newborn or adopted child or child placed into foster care with the employee, the employee may be eligible for up to 12 weeks of family leave insurance ("FLI") payments through the state in a twelve-month period. FLI is a monetary benefit paid by the state and not a separate leave entitlement and will thus run concurrently with FMLA and/or NJFLA leaves.

Employees seeking FMLA leave should contact the Administrator or the Human Resources Coordinator directly for purposes of further instructions, including any necessary forms for completion, as well as for further information on eligibility.

§ 97-57 New Jersey family leave.

The Borough provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specified family reasons under the New Jersey Family Leave Act (NJFLA).

Eligible employees. To be eligible for NJFLA leave, an employee must have worked at least 12 months for the Borough and have worked at least 1,000 hours for the Borough over the previous 12 months.

Qualifying reasons for leave. An employee may take NJFLA leave to care for:

A newly born or adopted child or a child placed into foster care with the employee, but the leave must start within 12 months of the birth of the child or the placement of the child.

A family member (sibling, grandparent, grandchild, child, spouse, domestic partner, civil union partner, parent-in-law, or parent of a covered individual, or any other individual related by blood to the employee, and any other individual that the employee shows to have a close association with the employee which is the equivalent of a family relationship) with a serious health condition.

In the event of a state of emergency declared by the Governor, or when indicated to be needed by the Commissioner of Health or other public health authority, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease, which:

Requires in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency;

Prompts the issuance by a public health authority of a determination, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee, would jeopardize the health of others; or

Results in the recommendation of a health care provider or public health authority that a family member in need of care by the employee voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee, would jeopardize the, health of others.

Leave taken to care for a newly born or adopted child or a child place into foster case with the employee may be consecutive or intermittent and must begin by the end of the twelve-month period after the birth or placement for adoption or foster care.

Leave benefits. An employee may take up to a maximum of 12 weeks of NJFLA leave in a twenty-four-month period, which is measured as a rolling twenty-four-month period that commences with the first day of NJFLA leave taken.

You may take NJFLA leave to care for a seriously ill family member:

As a single block of time.

By reducing your normal work schedule for no more than 24 consecutive weeks in a twenty-four-month period.

Intermittently when medically necessary.

Employees permitted to take intermittent or reduced-schedule leave must try to schedule their leave so that it will not unduly disrupt the Borough's operations. The total time within which an intermittent leave is taken may not exceed a twelve-month period if such leave is taken in connection with a single serious health condition.

Intermittent leaves taken in connection with more than one serious health condition episode must be taken within a consecutive twenty-four-month period, or until such time as the employee's twelve-week family leave entitlement is exhausted, whichever is shorter. An employee taking a family leave on a reduced-leave schedule shall not be entitled to such leave for more than a consecutive twenty-four-week period. An eligible employee shall be entitled to only one leave on a reduced-leave schedule during any consecutive twenty-four-month period. Any remaining family leave to which the employee is entitled subsequent to the expiration of a leave taken on a reduced-leave schedule may be taken on a consecutive or intermittent basis.

Depending on the purpose of the employee's leave, the employee may be required to or may choose to use accrued paid leave, concurrently with some or all of his/her NJFLA leave. The employee will not be eligible to accrue seniority or benefits, including vacation and holidays, during any period of NJFLA leave.

The Borough will notify employees of their options to continue to participate in our group health plans during NJFLA leave.

Required notice and certifications. When requesting NJFLA leave, an employee must provide the Borough 30 days' advance written notice. For employees requesting leave on an intermittent basis, at least 15 days' advance written notice must be provided. If advance written notice is not possible because of an emergency, the employee must provide the Borough with reasonable oral notice and then follow up with written notice.

The employee also must give the Borough a medical certification supporting the need for leave.

The Borough reserves the right to require second or third medical opinions and periodic recertifications. The employee must also provide periodic reports during the leave regarding the employee's status and intent to return to work, as deemed appropriate by the Borough. If an employee fails to provide the required documentation, the Borough may delay the start of the employee's NJFLA leave, withdraw any designation of NJFLA leave or deny the leave, in which case the absences will be treated in accordance with the Borough's standard leave of absence and attendance policies and the employee may be subject to discipline up to and including termination of employment.

If an employee provides false or misleading information or omits material information about an NJFLA leave, the employee will be subject to discipline up to and including immediate termination of employment.

Benefits protection. During a family leave of absence, the employee's health benefits will be maintained under the same conditions as if the employee continued to work. If the employee decides to return to work when his/her family leave of absence ends, the employee may be reinstated to the same or equivalent job with the same pay, benefits, and terms and conditions of employment. If the employee decides not to return to work when the family leave of absence ends, the employee may be required to reimburse the Borough for the health insurance premiums paid on his/her behalf during the leave of absence (except if the failure to return to work was caused by the continuation, recurrence, or onset of a serious health condition which would entitle the employee to a leave of absence under the law or other circumstances beyond the employee's control).

With regard to any pension or benefit contributions, the employee must contact the Administrator to make payment arrangements concerning contributions or credits paid toward his/her benefits. Employees should consult with the Borough prior to taking an approved leave.

Returning to work after NJFLA leave. On returning to work after NJFLA leave, eligible employees will typically be restored to their original job or to an equivalent job with equivalent pay, benefits and other employment terms and conditions. Any employee who fails to return to work as scheduled after NJFLA leave or exceeds the twelve-week NJFLA entitlement will be subject to the Borough's standard leave of absence and attendance policies. This may result in termination if the employee's continued absence is unauthorized (for example, if the employee has no other Borough-provided leave available to him/her).

Retaliation prohibited. The Borough and the NJFLA prohibit the interference with, restraint of or denial of any right provided under the NJFLA and/or discharge or discrimination against any person for opposing any practice made unlawful by the NJFLA or for involvement in any proceeding under or relating to the NJFLA. The Borough encourages employees to bring any concerns or complaints about retaliation or compliance with the NJFLA to the attention of the Administrator.

New Jersey family leave insurance. During a period of unpaid leave to care for a family member with a serious health condition or a newborn or adopted child or child placed into foster care with the employee, the employee may be eligible for up to 12 weeks of family leave insurance ("FLI") payments through the state in a twelve-month period. FLI is a monetary benefit paid by the state and not a separate leave entitlement and will thus run concurrently with FMLA and/or NJFLA leaves.

An employee's job is not protected while receiving FLI benefits - unless the employee is eligible for leave under the FMLA, NJFLA, or is otherwise designated for an approved family leave of absence.

Employees must provide the Borough with advance notice of the need for leave, as follows:

At least 30 days before leave to bond with a newborn or newly adopted child, unless the time of the leave is unforeseeable or the time of the leave changes for unforeseeable reasons.

In a reasonable and practicable manner for leave to care for a seriously ill family member on a continuous, nonintermittent basis, unless an emergency or other unforeseen circumstance precludes advance notice.

At least 15 days before leave to care for a seriously ill family member or leave to bond with a newborn or newly adopted child on an intermittent basis, unless an emergency or other unforeseen circumstance precludes advance notice.

Employees seeking leave under this policy should contact the Administrator or the Human Resources Coordinator directly for purposes of further instructions, including any necessary forms for completion, as well as for further information on eligibility.

§ 97-58 Military leave.

The Borough provides military leave in accordance with applicable state and federal law. In all cases involving military leave, the employee must, as soon as possible, provide his or her department head with a certificate verifying the call to military duty prior to beginning the military leave.

Organized militia. Any permanent or full-time temporary officer or employee, who is a member of the organized Reserve of the Army of the United States, United States Naval Reserve, United States Air Force Reserve or United States Marine Corps Reserve, or other affiliated organization, including the National Guard of other states, shall be entitled to a leave of absence without loss of pay or time on all work days on which he or she is engaged in any period of federal active duty, up to 30 work days in any calendar year. A military leave of absence is in addition to the employee's regular vacation or other accrued leave.

Any leave of absence for such duty in excess of 30 work days will be without pay but without loss of time. A full-time temporary officer or employee who has served under such temporary appointment for less than one year will receive military leave without pay but without loss of time.

New Jersey organized militia. New Jersey's organized militia consists of the National Guard (Army and Air), the Naval Militia, and the State Guard. Any permanent or full-time officer or employee who is a member of the New Jersey organized militia shall be entitled, in addition to pay received, if any, as a member of the organized militia, to a leave of absence without loss of pay or time on all days during which he or she shall be engaged in state or federal active duty, up to 90 work days in any calendar year.

Any leave of absence for such duty in excess of 90 work days will be without pay but without loss of time. A full-time temporary officer or employee who has served under such temporary appointment for less than one year will receive military leave without pay but without loss of time.

Reinstatement. To be reinstated by the Borough without loss of privileges or seniority, the employee must report for duty with the Borough within the time required by law following release from active duty under honorable circumstances.

In accordance with legal requirement, employees who take military leave are required to:

Provide the Borough with proper notice of the leave;

Apply for reinstatement within the time required by law;

HUMAN RESOURCES OFFICER (HRO)

Have a creditable military record, including completion of all required training and full-time service, and be discharged under honorable conditions.

On return from a military leave of absence, the employee will be reinstated as required by law. See the Uniformed Services Employment and Reemployment Act ("USERRA"). Failure to comply with the requirement enumerated above or as required by law will jeopardize an employee's reemployment rights.

§ 97-59 Domestic violence abuse leave policy.

Purpose. The purpose of this policy is to incorporate the State of New Jersey Domestic Violence Policy for Public Employers. The purpose of this policy is also to encourage employees who are victims of domestic violence, and those impacted by domestic violence, to seek assistance from their human resources officers and provide a standard for human resources officers to follow when responding to employees.

Definitions. The following terms are defined solely for the purpose of this policy:

ABUSER/PERPETRATOR

An individual who commits or threatens to commit an act of domestic violence, including unwarranted violence against individuals and animals. Other abusive behaviors and forms of violence can include the following: bullying, humiliating, isolating, intimidating, harassing, stalking, or threatening the victim, disturbing someone's peace, or destroying someone's property.

DOMESTIC VIOLENCE

Acts or threatened acts that are used by a perpetrator to gain power and control over a current or former spouse, family member, household member, intimate partner, someone the perpetrator dated, or person with whom the perpetrator shares a child in common or anticipates having a child in common if one of the parties is pregnant. Domestic violence includes, but is not limited to, the following: physical violence; injury; intimidation; sexual violence or abuse; emotional and/or psychological intimidation; verbal abuse; threats; harassment; cyber harassment; stalking; economic abuse or control; damaging property to intimidate or attempt to control the behavior of a person in a relationship with the perpetrator; strangulation; or abuse of animals or pets.

An employee of a public employer with a human resources job title, or its equivalent, who is responsible for orienting, training, counseling, and appraising staff; persons designated by the employer as the primary or secondary contact to assist employees in reporting domestic violence incidents.

INTIMATE PARTNER

Partners of any sexual orientation or preference who have been legally married or formerly married to one another, have a child or children in common, or anticipate having a child in common if one party is pregnant. Intimate partner also includes those who live together or have lived together, as well as persons who are dating or have dated in the past.

TEMPORARY RESTRAINING ORDER (TRO)

A civil court order issued by a judge to protect the life, health or well-being of a victim. TROs can prohibit domestic violence offenders from having contact with victims, either in person or through any means of communication, including third parties. TROs also can prohibit offenders from a victim's home and workplace. A violation of a TRO may be a criminal offense. A TRO will last approximately 10 business days, or until a court holds a hearing to determine if a final restraining order (FRO) is needed. In New Jersey, there is no expiration of an FRO.

VICTIM

A person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member. A victim of domestic violence is also any person, regardless of age, who has been subjected to domestic violence by one of the following actors: a person with whom the victim has a child in common; a person with whom the victim anticipates having a child in common, if one of the parties is pregnant; and a person with whom the victim has had a dating relationship.

WORKPLACE-RELATED INCIDENTS

Incidents of domestic violence, sexual violence, dating violence, and stalking, including acts, attempted acts, or threatened acts by or against employees, the families of employees, and/or their property, that imperil the safety, well-being, or productivity of any person associated with a public employee in the State of New Jersey, regardless of whether the act occurred in or outside the organization's physical workplace. An employee is considered to be in the workplace while in or using the resources of the employer. This includes, but is not limited to, facilities, work sites, equipment, vehicles, or while on work-related travel.

Responsibility of employers to designate a human resources officer.

The Borough hereby designates the following employees as the primary HRO and secondary HRO, to assist employees who are victims of domestic violence.

Primary HRO: Borough Administrator (or designee).

Secondary HRO: Human Resources Coordinator.

The designated primary and secondary HROs shall receive training on responding to and assisting employees who are domestic violence victims in accordance with this policy.

Managers and supervisors are often aware of circumstances involving an employee who is experiencing domestic violence. Managers and supervisors are required to refer any employee who is experiencing domestic violence or who report witnessing domestic violence to the designated HRO. Managers and supervisors must maintain confidentiality, to the extent possible, and be sensitive, compassionate, and respectful to the needs of persons who are victims of domestic violence.

The name and contact information of the designated HRO will be provided to all employees.

This policy does not supersede applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General directives and guidelines that impose a duty to report. For example, if there is any indication a child may also be a victim, reporting is mandatory to the Department of Children and Families, Child Protection and Permanency, under N.J.S.A. 9:6-8.13.

Domestic violence reporting procedures.

Employees who are victims of domestic violence are encouraged to seek immediate assistance from their HRO. Employees who have information about or witness an act of domestic violence against an employee are encouraged to report that information to the designated HRO, unless the employee is required to report the domestic violence pursuant to applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General directives and guidelines that impose a duty to report, in which case the employee must so report to the appropriate authority in addition to reporting to the designated HRO. Nothing in this policy shall preclude an employee from contacting 911 in emergency situations. Indeed, HROs shall remind employees to contact 911 if they feel they are in immediate danger.

Each designated HRO shall:

Immediately respond to an employee upon request and provide a safe and confidential location to allow the employee to discuss the circumstances surrounding the domestic violence incident and the request for assistance.

Determine whether there is an imminent and emergent need to contact 911 and/or local law enforcement.

Provide the employee with resource information and a confidential telephone line to make necessary calls for services for emergent intervention and supportive services, when appropriate. The HRO or the employee can contact the appropriate employee assistance program to assist with securing resources and confidential services.

(d)

Refer the employee to the provisions and protections of the New Jersey Security and Financial Empowerment Act, N.J.S.A. 34:11C-1 et seq. (NJ SAFE Act), referenced in this policy.

(e)

If there is a report of sexual assault or abuse, the victim should be offered the services of the Sexual Assault Response Team or equivalent.

(f)

Maintain the confidentiality of the employee and all parties involved, to the extent practical and appropriate under the circumstances, pursuant to this policy.

(g)

Upon the employee's consent, the employee may provide the HRO with copies of any TROs, FROs, and/or civil restraint agreements that pertain to restraints in the workplace and ensure that security personnel are aware of the names of individuals who are prohibited from appearing at the work location while the employee who sought the restraining order is present. All copies of TROs and FROs shall be maintained in a separate confidential personnel file.

Confidentiality policy.

In responding to reports of domestic violence, the HRO shall seek to maintain confidentiality to protect an employee making a report of, witnessing, or experiencing domestic violence, to the extent practical and appropriate under the circumstances and allowed by law. Thus, this policy does not supersede applicable laws, guidelines, standard operating procedures, internal affairs policies, or New Jersey Attorney General directives and guidelines that impose a duty to report.

This confidentiality policy shall not prevent disclosure where to do so would result in physical harm to any person or jeopardize safety within the workplace. When information must be disclosed to protect the safety of individuals in the workplace, the HRO shall limit the breadth and content of such disclosure to information reasonably necessary to protect the safety of the disclosing employee and others and comply with the law. The HRO shall provide advance notice to the employee who disclosed information, to the extent possible, if the disclosure must be shared with other parties in order to maintain safety in the workplace or elsewhere. The HRO shall also provide the employee with the name and title of the person to whom they intend to provide the employee's statement and shall explain the necessity and purpose regarding the disclosure. For example, if the substance of the disclosure presents a threat to employees, then law enforcement will be alerted immediately.

Confidentiality of employee records.

To ensure confidentiality and accuracy of information, this policy requires the HRO to keep all documents and reports of domestic violence in a confidential personnel file separate from the employee's other personnel records. These records shall be considered personnel records and shall not be government records available for public access under the Open Public Records Act. See N.J.S.A. 47:1A-10.

The New Jersey Security and Financial Empowerment Act.

The New Jersey Security and Financial Empowerment Act, N.J.S.A. 34:11C-1 et seq. (NJ SAFE Act), is a law that provides employment protection for victims of domestic or sexual violence.

The NJ SAFE Act allows a maximum of 20 days of unpaid leave in one twelve-month period, to be used within 12 months following any act of domestic or sexual violence. To be eligible, the employee must have worked at least 1,000 hours during the twelve-month period immediately before the act of domestic or sexual violence. Further, the employee must have worked for an employer in the state that employs 25 or more employees for each working day during 20 or more calendar weeks in the current or immediately preceding calendar year. This leave can be taken intermittently in days, but not hours.

Leave under the NJ SAFE Act may be taken by an employee who is a victim of domestic violence, as that term is defined in N.J.S.A. 2C:25-19 and N.J.S.A. 30:4-27.6, respectively. Leave may also be taken by an employee whose child, parent, spouse, domestic partner, civil union partner, or other relationships as defined in applicable statutes is a victim of domestic or sexual violence.

Leave under the NJ SAFE Act may be taken for the purpose of engaging in any of the following activities, for themselves, or a child, parent, spouse, domestic partner, or civil union partner, as they relate to an incident of domestic or sexual violence:

Seeking medical attention;

Obtaining services from a victim services organization;

Obtaining psychological or other counseling;

(d)

Participating in safety planning, temporarily or permanently relocating, or taking other actions to increase safety;

(e)

Seeking legal assistance or remedies to ensure health and safety of the victim; or

(f)

Attending, participating in, or preparing for a criminal or civil court proceeding relating to an incident of domestic or sexual violence.

Public employer domestic violence action plan. The Borough has developed the following action plan to identify, respond to, and correct employee performance issues that are caused by domestic violence, pursuant to N.J.S.A. 11A:2-6a, and in accordance with the following guidelines:

Designate an HRO with responsibilities pursuant to this policy.

Recognize that an employee may need an accommodation as the employee may experience temporary difficulty fulfilling job responsibilities.

Provide reasonable accommodations to ensure the employee's safety.

Advise the employee of information concerning the NJ SAFE Act; Family and Medical Leave Act (FMLA); or Family Leave Act (FLA); Temporary Disability Insurance (TDI); or Americans with Disabilities Act (ADA); or other reasonable flexible leave options when an employee, or his or her child, parent, spouse, domestic partner, civil union partner, or other relationships as defined in applicable statutes, is a victim of domestic violence.

Commit to adherence to the provisions of the NJ SAFE Act, including that the employer will not retaliate against, terminate, or discipline any employee for reporting information about incidents of domestic violence, as defined in this policy, if the victim provides notice to their Human Resources Office of the status or if the Human Resources Office has reason to believe an employee is a victim of domestic violence.