R1642.01 SICK LEAVE

A.    	Definitions – N.J.S.A. 18A:30-1.c. and 18A:30-4.i.

	1.     	“Certified Domestic Violence Specialist” means a person who has fulfilled the 			requirements of certification as a Domestic Violence Specialist established by the 		New Jersey Association of Domestic Violence Professionals.

	2.     	“Child” means a biological, adopted or foster child, stepchild or legal ward of an 			employee, child of a domestic partner or civil union partner of the employee.

	3.     	“Designated domestic violence agency” means a county-wide organization 			whose primary purpose is to provide services to victims of domestic violence and 		which provides services that conform to the core domestic violence services 			profile as defined by the Division of Child Protection and Permanency in the 			Department of Children and Families and is under contract with the division for 			the express purpose of providing the services.
	
	4.     	“Domestic or sexual violence” means stalking, any sexually violent offense, as 			defined in N.J.S.A. 30:4-27.26, or domestic violence as defined in N.J.S.A. 			2C:25-19 and N.J.S.A. 17:29B-16.

	5.     	“Family member” means a child, grandchild, sibling, spouse, domestic partner, 			civil union partner, parent, or grandparent of an employee, or a spouse, domestic 			partner, or civil union partner of a parent or grandparent of the employee, or a 			sibling of a spouse, domestic partner, or civil union partner of the employee, or 			any other individual related by blood to the employee or whose close association 			with the employee is the equivalent of a family relationship.

	6.     	“Health care professional” means any person licensed under Federal, State, or 			local law or the laws of a foreign nation, to provide health care services, or any 			other person who has been authorized to provide health care by a licensed 			healthcare professional including, but not limited to, doctors, nurses, and 				emergency room personnel.

	7.     	“Supervisor” means the building or district administrative staff member 				designated by the Superintendent who is responsible for supervising the 				employee.     
B.    	Eligibility for Sick Leave – N.J.S.A. 18A:30-1

	1.     	Sick leave is defined as the absence from an employee's post of duty, for any of 			the following reasons:  		
		
		a.     	The employee is personally ill or injured; 

		b.     	For diagnosis, care, or treatment of, or recovery from, an employee’s 				mental or physical illness, injury or other adverse health condition, or for 			preventive medical care for the employee; 

		c.     	For the employee to aid or care for a family member of the employee 				during diagnosis, care, or treatment of, or recovery from, the family 				member's mental or physical illness, injury or other adverse health 				condition, or during preventive medical care for the family member;

		d.     	Absence necessary due to circumstances resulting from the employee, or 				a family member of the employee, being a victim of domestic or sexual 				violence, if the leave is to allow the employee to obtain for the employee 				or the family member:

			(1)    	Medical attention needed to recover from physical or 						psychological injury or disability caused by domestic or sexual 					violence;

			(2)   	Services from a designated domestic violence agency or other 					victim services organization;

			(3)   	Psychological or other counseling;   

			(4)    	Relocation; or

			(5)   	Legal services, including obtaining a restraining order or 					preparing for, or participating in, any civil or criminal legal 					proceeding related to the domestic or sexual violence;

		e.     	The death of a family member for up to seven days;
		f.      	To attend a child's school-related conference, meeting, function or other 				event requested or required by a school administrator, teacher, or other 				professional staff member responsible for the child's education, or to 				attend a meeting regarding care provided to the child in connection with 				the child's health conditions or disability;

		g.     	The school or place of care of a child of the employee is closed by order 				of a public official or because of a state of emergency declared by the 				Governor, due to an epidemic or other public health emergency; or

		h.     	The employee has been exposed to a contagious disease or is quarantined 			for the disease in the employee's immediate household.

	2.     	N.J.S.A. 18A:30-1, Policy 1642.01, and this Regulation shall not supersede any 			law providing collective bargaining rights for school district employees and shall 			not reduce, diminish, or adversely affect an employee’s collective bargaining 			rights.

C.    	Physician’s Certificate Required for Sick Leave – N.J.S.A. 18A:30-4

	1.     	In case of sick leave claimed due to personal illness or injury, the Board 				of Education may require a physician's certificate to be filed with the 				Secretary of the Board in order to obtain sick leave.

	2.     	If an employee’s need to use sick leave as defined pursuant to 					N.J.S.A. 18A:30-1 and B. above is foreseeable, the Board may require advance 			notice, not to exceed seven calendar days prior to the date the leave is to begin, of 		the intention to use the leave and its expected duration, and the employee shall 			make a reasonable effort to schedule the use of sick leave in a manner that does 			not unduly disrupt the operations of the Board.
	
	3.     	If the reason for the leave is not foreseeable, the Board of Education may require 			an employee to give notice of the intention as soon as practicable, provided the 			Board of Education has notified the employee of this requirement.

              4.     	The Board may prohibit an employee from using foreseeable sick leave on 			certain dates, and require reasonable documentation if sick leave that is not 			foreseeable is used during those dates.

	5.     	In case of sick leave claimed for three or more consecutive days, the Board may 			require reasonable documentation that the leave is being taken for a purpose 			permitted pursuant to N.J.S.A. 18A:30-1.a. and B.1. above.

	6.     	If the leave is permitted under N.J.S.A. 18A:30-1.a.(2) or (3) and B.1.b. or c. 			above, documentation signed by a health care professional who is treating the 			employee or the family member of the employee indicating the need for the leave 		and, if possible, the number of days of leave, shall be considered reasonable 			documentation.

	7.     	If the leave is permitted under N.J.S.A. 18A:30-1.a.(4) and B.1.d. above because 			of domestic or sexual violence, any of the following shall be considered 				reasonable documentation of the domestic or sexual violence:

      	        	a.     	Medical documentation;

        	        	b.     	A law enforcement agency record or report;

        	        	c.     	A court order;

		d.     	Documentation that the perpetrator of the domestic or sexual violence 				has been convicted of a domestic or sexual violence offense;

		e.     	Certification from a certified Domestic Violence Specialist or a 					representative of a designated domestic violence agency or other victim 				services organization; or

		f.      	Other documentation or certification provided by a social worker, 				counselor, member of the clergy, shelter worker, health care professional, 			attorney, or other professional who has assisted the employee or family 				member in dealing with the domestic or sexual violence.

	8.     	If the leave is permitted under N.J.S.A. 18A:30-1.a.(7) and B.1.g. above, a copy 			of the order of the public official or the determination by the health authority 			shall be considered reasonable documentation.

D.    	Sick Leave Charges

	1.     	An employee who is absent for 1-2 blocks/periods of the work day shall be 			charged a half sick day if the.  An employee who is absent for more than 2 			blocks/periods of the work day shall be charged a full sick day if the employee’s 			reason for absence is covered by N.J.S.A. 18A:30-1.

	2.     	A sick leave day once commenced may be reinstated as a working day only with 			the approval of the Superintendent or designee.

	3.     	An employee absent on sick leave on a day when the school is closed early for 			emergency reasons will be charged with a full sick leave day.

	4.     	An employee scheduled for a sick leave absence on a day on which the schools 			do not open because of an emergency will not be charged with a sick leave day.

E.     	Readmission After Disability

	1.     	An employee absent on sick leave, covered under N.J.S.A. 18A:30-1.a.(1); (2); 			and (8) and B.1.a.; b.; and h., for more than five consecutive working days who 			wishes to return to work shall submit the signed statement of their physician or 			institution indicating the employee’s fitness to perform their duties.

	2.     	The Board may, at its discretion, require the employee submit to an examination 			by a physician or institution designated by the Board to confirm the information 			submitted by the employee’s physician or institution.

		a.     	The Board shall bear the cost of the examination if the examination is 				performed by a physician or institution designated by the Board.

	3.     	If the results of the examination conducted pursuant to paragraph E.2. above are 			inconsistent with the statement of the employee’s physician in E.1. above, the 			employee and the Board shall agree to a third physician or institution to conduct 			the examination.  The Board shall bear the cost of this third examination.

F.     	Accumulation of Sick Leave

	1.     	If any employee requires in any school year less than the specified number of 			days of sick leave with pay allowed, all days of such minimum sick leave not 			utilized that year shall be accumulative to be used for additional sick leave as 			needed in subsequent years in accordance with N.J.S.A. 18A:30-3.

G.    	Exhaustion of Sick Leave

	1.     	The Superintendent or designee shall monitor employee accumulated sick leave 			and charge an employee’s accumulated sick leave.
		
		a.     	Sick leave will be charged, first, to the sick leave newly available in the 				employee’s current contract year and, when that sick leave entitlement is 				exhausted, to the employee’s accumulated sick leave.

H.    	Records

	1.     	The personnel file of each person employed by this district will include an 			accurate record of the employee’s use and accumulation of sick leave days.

		a.     	The Superintendent or designee will maintain the employee’s record of 				accumulated sick leave in accordance with Policy 1642.01 and this 				Regulation.

	2.     	Each employee’s attendance record will record the reason for any absence.

Issued:  September 23, 2023
First Reading:  November 28, 2023
Second Reading/Adopted:  December 19, 2023