9. Sick Time
9.10 Full-time Employees
See Addendum 1 for Exempt Staff and Non-Exempt Staff
See Addendum 3 for Non-Exempt Residential & Hot-Line Staff
See Addendum 5 for Head Start Staff
9.20 Accumulated Sick Time
An employee shall not use allotted sick time for any other purpose than illness of the employee or illness of a member of the employee’s immediate family (father, mother, child, spouse, domestic or civil union partner, sibling, grandchild, grandparent, and in-laws and step-relatives of same degree).
9.30 Allotment of Sick Time
Staff may accumulate a maximum of 160 hours of sick time.
Staff with 315 hours of sick time accumulated prior to December 1, 2012, retain the 315 hour maximum accumulation limit until their total accumulated drops below the 160 hours. Then that staff person’s new maximum will be 160 hours sick time.
Full-time Staff with 420 hours of sick time accumulated prior to the merger in 2000 retain the 420 hour maximum accumulation limit until their accumulated total drops below the 160 hours. Then that staff person’s new maximum will be 160 hours sick time.
Sick time is not payable at time of separation, whether voluntary or involuntary.
9.35 Allotment of Sick Time for Part-time Staff
Effective 10/29/18, per change in NJ 34:11D-1 & 2, Part-time staff will accrue one hour sick leave for every 30 hours worked, up to 40 hours in a calendar year. Paid sick time can be used for any of the purposes defined in the NJ Statutes. Unused sick leave can be transferred to the next benefit year if it does not exceed the maximum of 40 hours.
9.37 Allotment of Personal Time for Part-time Staff
Effective 05/01/22, Part-time employees are eligible for Leave time. Eligible employees will accrue one (1) hour for every eight (8) worked up to a maximum 40 hours within the calendar year. This will be considered “Personal Time”. Eligible employees cannot use more Personal Leave hours than the number of hours they work in an average week. Unused Personal Time cannot be transferred to the next benefit year.
9.40 Notification for Time Off
If an employee cannot be at work for their scheduled next day they are expected to follow program call out procedures. Employees not following the notification for time off guidelines may be disciplined up to and including termination of employment.
If an employee misses 3 days of work in a row or intermittently in a brief period of time for the same medical reason, CFS may require a written doctor’s note covering these absences be submitted to the Program Director and the Chief of Human Resources before that employee is permitted to return to work.
9.50 Family and Medical Leave
Many of our employees are entitled by the Family and Medical Leave Act (FMLA) to an unpaid leave of absence for up to 12 or 26 weeks in a rolling 12-month period, depending on the reason for the leave. To be eligible for leave under the FMLA, an employee must have a total of 12 months of service (which may be non-consecutive) and have worked at least 1250 hours in the previous 12-month period.
Not all CFS employees are eligible for this leave benefit. New hires, workers at some of the Agency’s smaller facilities, and some part-time employees may not be covered by this policy. Some executives and senior staff may not be subject to reinstatement under the law.
Basic Family and Medical Leave
Leave may be requested for the birth of a child or to care for a newborn child, for the placement of a child for adoption or foster care, or for the serious health condition of the employee or the employee’s family member (i.e., child, parent, or spouse).
Leave granted due to the birth or care of a newborn or adoption or foster placement of a child must be taken in full consecutive weeks unless otherwise agreed to by CFS and must commence within one year of the birth, adoption, or foster placement.
Leave granted due to the serious health condition of the employee or a family member may be taken consecutively, intermittently, or on a reduced leave (part-time) schedule in certain circumstances and subject to certain restrictions under the law.
Eligible employees may take a total of 12 weeks of unpaid basic family and medical leave in a rolling 12 month period.
Military Exigency Leave
Employees may request leave in certain situations when an employee’s spouse, child or parent is a covered military member on active duty, or has been notified of an impending call or order to active military duty in a foreign country. Military exigency leave may be taken for short-notice deployments, military events and related activities, childcare and school activities, to make financial and legal arrangements, to attend certain types of counseling, for rest and recuperation, post-deployment activities, and certain other activities.
Eligible employees may take a total of 12 weeks of unpaid military exigency leave in a rolling 12 month period.
Military Caregiver Leave
Employees may request leave to care for the serious health condition of a covered service member who is the employee’s spouse or civil union/domestic partner, child, parent, or “next of kin.”
Eligible employees may take a total of 26 weeks of unpaid military caregiver leave in a rolling 12 month period.
Notice and Certification Requirements
When the need for leave is foreseeable, eligible employees must provide 30 days advance written notice of the need for leave, or as soon as practicable if the need for leave is not known 30 days in advance, to both the Senior Executive and the Chief of Human Resources.
When the need for leave is unforeseeable, the employee must provide notice to both the Senior Executive and the Chief of Human Resources as soon as practicable under the circumstances.
If you are requesting leave for a military exigency, you must provide notice as soon as practicable under the circumstances.
Where applicable, employees must provide requested certifications supporting the need for leave. The failure to provide requested and completed certifications may result in the delay or denial of leave. To the extent permitted by the FMLA, CFS may require periodic re-certification of the need for leave.
Substitution of Paid Leave
Employees may, but are not required to, use allotted but unused vacation and personal time during any type of family and medical leave. Allotted but unused sick time may only be used for illness of the employee (such as the period of medical disability following the birth of a child), a family member, or as described in section 9.20, unless the employee is receiving Worker’s Compensation or Temporary Disability Benefits payments. Employees who do not want CFS to automatically debit their bank of vacation, personal, and/or sick time must contact the Human Resources department.
Health and Life Insurance Benefits Continuation
CFS will continue to provide employees taking family and medical leave with health and life insurance benefits as if those employees had continued to work during the leave period provided that employees pay their portion of the costs of insurance as if they had remained working. Failure to make required premium payments may result in the cancellation of an employee’s health and/or life insurance benefits.
In most circumstances, if an employee fails to return from leave, CFS will require the employee to reimburse the Agency for CFS’s costs of benefits continued during leave, unless the employee’s failure to return from leave is due to the employee’s, employee’s family member’s, or covered service member’s serious health condition or other circumstances beyond the employee’s control.
Reinstatement
Employees taking family or medical leave will generally be returned to their former positions or a substantially equivalent position upon return from leave, to the extent required by law. Employees taking leave for their own serious health condition will be required to present a fitness-for-duty report prior to being returned to work. The failure to return from leave at its expiration may result in termination of employment. An employee requesting an extension of leave must give at least two business days’ notice in writing when possible.
Additional Information
For more details about the type of leave, eligibility requirements, the type of certification needed, or any other aspect of the family and medical leave laws, contact the Chief of Human Resources.
NJ Family Leave
The New Jersey Family Leave Act (NJFLA) entitles covered employees to an unpaid leave of absence for a period not to exceed 12 weeks in a rolling 24 month period for: (1) the birth or care of a newborn child or the placement with an employee of a child for adoption or foster care; or (2) the serious health condition of an employee’s family member (spouse or civil union partner; child, including step children, legal wards and children of employees standing in loco parentis; and parent, including step parents, parents-in-law and legal guardians).
To be eligible for leave under the NJFLA, an employee must have a total of 12 months of service (which may be non-consecutive) and have worked at least 1000 hours in the previous 12-month period. Not all CFS employees are eligible for NJFLA leave. Concurrent Leave
Concurrent Leave
Where an employee takes leave for a reason covered by both the FMLA and NJFLA, the leave runs concurrently and counts against an employee’s leave entitlement under both laws.
Notice and Certification Requirements
The notice and certification requirements are the same as those required for FMLA leave.
Health Insurance Benefits
Agency provided insurance coverage is not continued during NJFLA leave, although employees may purchase continued coverage under COBRA, as applicable. Employees may use all allotted but unused paid vacation and personal time during NJFLA leave. Allotted sick time may only be used for the illness of a family member or as described in Section 9.20. Employees who do not want CFS to automatically debit their bank of vacation, personal and/or sick time must contact the Human Resources department.
Reinstatement
Except in certain limited circumstances, employees taking family leave under the NJFLA will be returned to their former positions or an equivalent position upon return from leave.
Additional Information
For more details about the type of leave, eligibility requirements, the type of certification needed, or any other aspect of the New Jersey Family Leave Act, contact the Chief of Human Resources.
Extended Medical Leave
CFS, in its discretion, may grant an extended leave of absence to employees unable to work for medical reasons who have expired their allotted FMLA leave or who are not eligible for FMLA leave. Generally, this leave of absence will be for a maximum of 3 months. CFS will require an appropriate physician’s certification substantiating the need for extended medical leave; CFS may require re-certification from, as it deems appropriate.
During a period of extended medical leave, employees may purchase continuation coverage under CFS-provided medical insurance plans as provided by COBRA.
The failure of an employee to return to work upon the expiration of an extended leave of absence will result in the employee’s termination.
Although CFS will attempt to hold open the position of an employee on extended medical leave, CFS cannot guarantee a position at the expiration of an employee’s extended medical leave. Where CFS’s judgment, as well as business and staffing conditions, require that an employee be replaced while on an extended medical leave of absence, CFS encourages that employee to re-apply for any other available positions for which he or she is qualified upon recovery. CFS will carefully consider all such applications.