The Avalon Free Public Library grants employees extended leaves of absence under a variety of circumstances. The leave may be paid, unpaid or a combination of paid and unpaid depending on the type of leave.
Family and Medical Leave
The Library will comply with the provisions of the federal Family and Medical Leave Act (FMLA) and the regulations made effective January 16, 2009 and the New Jersey Family Leave Act (NJFLA) as of January 2001. Both acts require all public agencies to provide eligible employees unpaid, job-protected leave for certain family and medical reasons.
The following is a general description of the FMLA and NJFLA. For additional information please contact the Library Director or the Borough’s Administrative Office.
Federal Family and Medical Leave Act (FMLA)
Under the FMLA employees who have worked for the Library for at least 12 months and for at least 1,250 hours in the previous 12 months are eligible for up to 12 weeks of unpaid family and medical leave during a 12-month period. The 12-month period begins on the day the employee begins leave and ends 12 months thereafter.
Employees may take leave for the following reasons:
a) To care for a child upon birth or upon adoption or foster care;
b) To care for a parent, spouse, or child with a serious health condition or
if the employee’s own serious health condition renders him or her unable to perform essential job functions.
Military Caregiver Leave
Eligible family members are entitled to up to 26 weeks of job-protected leave in a 12-month period, which begins on the day the employee begins leave and ends 12 months thereafter, to care for a covered service member with a serious illness or injury incurred in the line of active duty. This leave may be taken intermittently when medically necessary. Covered service members include current members of the Regular Armed Forces, National Guard or Reserves and members who are on the temporary disability retired list.
New Jersey Family Leave Act (NJFLA)
Employees who have worked for the Library at least 12 months and for at least 1,000 hours in the previous 12 months are eligible for 12 weeks of family leave every 24 months under the NJFLA. Employees may take leave for the following reasons:
a) The birth or adoption of a child; or
b) To care for a parent, spouse, or child with a serious health condition.
If an employee’s situation qualifies for leave under both acts, the leave will run concurrently.
Although family and medical leave taken pursuant to this policy is unpaid, you may, depending on the reasons for the leave, still be eligible for temporary disability payments, workers’ compensation benefits or Paid Family Leave Insurance consistent with state law. These benefits can alter your family-and medical-leave entitlements. For additional information please refer to Part Four: Employee Benefits or consult with the Library Director or Assistant.
Employees who want to take leave should provide the Library with reasonable advance notice in order to allow proper time to plan for replacements. When the need for the leave is foreseeable, please provide appropriate notice. If the employee’s need is not foreseeable, as much notice as is practicable should be provided. Medical certification is necessary prior to granting any leave related to the serious health condition of any employee, spouse, child, or parent. The requests for FMLA should be submitted to the Director or Assistant Director. In the case of the employee’s own illness, periodic updates may be required, on a monthly basis, regarding the status of the employee’s condition and the employee’s plans to return to work.
Benefits during Leave
Employees taking leave under the federal act are entitled to receive health benefits during the leave at the same level and terms of coverage as if they had been actively working. If an employee chooses not to return to work from federal leave, the Library will require the employee to reimburse the entire cost of health insurance premiums paid by the Library during the leave period, unless the failure to return to work results from the employee’s serious health condition.
Benefits that accrue according to length of service such as paid vacation, holiday, personal, and sick days do not accrue during periods of unpaid leave or during periods in which the employee receives worker’s compensation or disability benefits.
Employees returning from a leave of absence will be reinstated to their same job or to an equivalent job with equivalent status and pay as required by law. Employees returning from sick leave must provide certification of their ability to perform the functions of their job.
If an employee fails to return to work at the conclusion of an approved leave of absence, including any extension of the leave, the employee will be considered to have voluntarily terminated employment.
Extensions may be granted upon documentation provided to the Director and at the Director’s discretion. Extensions are only available beyond 12 weeks in the case of the employee’s own disability or in the event of a birth or adoption, not for other family-related leaves. If a leave is granted beyond 12 weeks, the employee will be responsible for the entire cost of continuing insurance coverage. Employees will not be permitted to extend a family or medical leave beyond the 12-week maximum by using unused vacation or personal leave. Upon return from an extended leave greater than six months, employees will be reinstated to a position within their job classification, subject to the staffing needs of the Library, but will not be guaranteed a return to their previous position.
If an employee has any questions about FMLA and NJFLA leave, he or she should contact the Library Director.
An employee will be granted necessary time off, with pay, to perform jury duty as required by law. The employee shall notify the Library Director immediately, in writing, of the requirement for this leave along with a copy of the notice of report for jury duty.
An employee who reports for jury duty and is excused from serving before noon must report to work for the afternoon, according to the work schedule of his or her department. However, the combination of jury duty and Library work shall not amount to more than a normal workday.
Part-time employees and employees in the introductory period summoned for jury duty will be granted time off with pay for the first three days of jury duty and unpaid time off for additional days in accordance with state and federal laws.
Leave with pay may be granted to an employee who receives a subpoena for a court appearance on a Library-related matter.
Military Leave of Absence
Any full-time employee who is a member of the National Guard, Naval Militia, Air National Guard, or a reserve component of the US Armed Forces and is required to engage in field training shall be granted a military leave of absence with full pay for the period of such training as is authorized by law and provided that he or she does not voluntarily extend such service. The Library will pay the difference between what an employee earns from the government for military service and what the employee would have earned from normal straight time pay on the job. This difference will be paid for up to two weeks per calendar year.
An unpaid military leave of absence will be granted to full-time employees called to active duty or inducted into the uniformed services of the United States for a period of up to five years. Employees who perform and return from service will be reinstated in accordance with applicable state and federal laws.
Requests for a military leave of absence should be submitted in writing to the Director at least 30 days prior to the start of the leave of extension period. When the need for leave or an extension is not foreseeable, employees should give as much notice as is practicable.
Educational Leave of Absence
Employees who want to continue their education in preparation for added responsibilities with the Library may be granted an educational leave of absence for a defined period of time, without pay, upon the recommendation of the Library Director to the Board of Trustees.
Public Service Leave of Absence
Employees who want to accept temporary employment in federal, state, or local government or with an organization devoted to community service may be granted an unpaid public-service leave of absence at the discretion of the Library Director.
Leave without Pay
Leave without pay may be granted in special circumstances upon the recommendation of the Library Director to the Board of Trustees.
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