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Please realize that while you receive 13 paid sick days per year by contract, they are for INCOME PROTECTION.  It does not mean that we have a contractual right to be absent 13 times per year for illness.  Attendance and lateness are vigorously monitored by the district and have serious consequences.  Sick days may only be used for your own sickness or medical appointment.  Per N.J. law, certificated members are legally barred from using “Illness-Bereavement or Illness-Illness in family” on Aesop/Frontline.  These options are only available to secretarial members.  Everyone else must use a personal day for those situations.  Up to 15 unused sick or personal days per year may be rolled over into your personal, unused sick day bank.  Chronic, poor attendance, regardless of the reason(s), may result in attendance meetings/warnings, reprimands, suspensions, increment withholding, and tenure charges – in that order of progressive discipline.  Make sure all long-term absences are directly reported to Personnel Dept. as medical leave of absences and approved by the Board.  F.M.L.A. time does not count against you, but it can be unpaid.  For maternity leaves, please realize that your entire absence may not be as paid sick time. When in doubt – find out – by contacting us.<

N.J.S.A. 18A:30-1.  Definition of sick leave
Sick leave is hereby defined to mean the absence from his or her post of duty, of any person because of personal disability due to illness or injury, or  because he or she has been excluded from school by the school district’s medical authorities on account of a contagious disease or of being quarantined for such a disease in his or her immediate household.

L.1967, c.271.

N.J.S.A. 18A:30-2.  Sick leave allowable
All persons holding any office, position, or employment in all local school  districts, regional school districts or county vocational schools of the state  who are steadily employed by the board of education or who are protected by  tenure in their office, position, or employment under the provisions of this or  any other law, except persons in the classified service of the civil service  under Title 11, Civil Service, of the Revised Statutes, shall be allowed sick  leave with full pay for a minimum of 10 school days in any school year.

L.1967, c.271.

18A:30-3.  Accumulated sick leave
If any such person 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.

L.1967, c.271.

18A:30-3.2.  Credited with unused sick leave
Whenever a board of education employs any person who has an unused accumulation of sick leave days from another school district in New Jersey, the  employing board may grant, not later than the end of the first year of employment, part or full credit therefor.  The amount of any such credit shall be fixed by resolution of the board uniformly applicable to all employees and subject to the provisions of this chapter.

L.1967, c.271.
18A:30-3.3.  Certificate issued showing unused sick leave
Upon termination of employment of any employee from any school district, the board shall issue, at the request of the employee, a certificate stating such employee’s unused accumulation of sick leave days as of the date of such termination.  Such certificate shall be filed with the new employer within one year of the date of such new employment.

L.1967, c.271.

18A:30-3.4.  Accumulation of sick leave credited;  use;  accumulation; leave irrevocable
The accumulation of sick leave days from another district, when granted in accordance with this chapter, shall be credited upon receipt of the certificate of the prior employer.  The days of sick leave so credited may be used  immediately or if not so used shall be accumulative for additional leave thereafter as may be needed.  The number of such days when granted shall be irrevocable by the board of education of the district.

L.1967, c.271.

18A:30-3.5  Payment for accumulated sick leave by board of education.

44.Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000, except that an officer or employee who:

(1)on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or

(2)becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and  has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater.

Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

As used in this section, “officer or employee” means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of the political subdivision, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted resolution, pursuant to guidelines or policy that shall be established by the Department of Education, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency or instrumentality thereof.

L.2007, c.92, s.44.

18A:30-3.6  Cap on compensation for unused sick leave from board of education.

3.Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.  This provision shall apply only to officers and employees who commence service with the board of education, or the agency or instrumentality thereof, on or after the effective date of P.L.2010, c.3.  This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

L.2010, c.3, s.3.

18A:30-4.  Physician’s certificate required for sick leave
In case of sick leave claimed, a board of education may require a physician’s certificate to be filed with the secretary of the board of education in order to obtain sick leave.

L.1967, c.271.

18A:30-5.  Commissioner to enforce chapter
The commissioner shall enforce the provisions of this chapter to the extent  of withholding state school moneys from school districts violating any of the  provisions of this chapter.

L.1967, c.271.

18A:30-6.  Prolonged absence beyond sick leave period
When absence, under the circumstances described in section 18A:30-1 of this  article, exceeds the annual sick leave and the accumulated sick leave, the  board of education may pay any such person each day’s salary less the pay of a  substitute, if a substitute is employed or the estimated cost of the employment  of a substitute if none is employed, for such length of time as may be  determined by the board of education in each individual case.  A day’s salary  is defined as   1/200   of the annual salary.

L.1967, c.271.

18A:30-7.  Power of boards of education to pay salaries
Nothing in this chapter shall affect the right of the board of education to  fix either by rule or by individual consideration, the payment of salary in  cases of absence not constituting sick leave, or to grant sick leave over and  above the minimum sick leave as defined in this chapter or allowing days to  accumulate over and above those provided for in section 18A:30-2, except that  no person shall be allowed to increase his total accumulation by more than 15  days in any one year.

L.1967, c.271.

18A:30-8.  Athletic competition on world, Pan American or Olympic level; reimbursement by state
Any school district employee who qualifies as a member of the United States  team for athletic competition on the world, Pan American or Olympic level, in a  sport contested in either Pan American or Olympic competitions, shall be  granted a leave of absence with pay and without loss of rights, privileges and  benefits and without interruption of membership in any retirement system for  the purpose of preparing for and engaging in the competition.  The paid leave  granted pursuant to this act shall be no more than 90 calendar days in 1 year  or the combined days of the official training camp and competition, whichever  is less.

Any school district which grants employees leaves of absence pursuant to the  provisions of this act shall be reimbursed by the State, for the full amount of  the actual cost of employing substitutes for said employees.

L.1978, c. 99, s. 2, eff. Aug. 14, 1978.

18A:30-9  Payment for accumulated vacation leave by board of education.

46.Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a board of education, or an agency or instrumentality thereof, who does not take vacation leave that accrues on or after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or on or after the date on which the person becomes an officer or employee, in a given year because of business demands shall be granted that accrued leave only during the next succeeding year.

However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee’s appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.

A person who (1) is an officer or employee on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or (2) becomes an officer or employee after that effective date, and has previously accrued vacation leave shall be eligible and shall be permitted to retain and use that accrued vacation leave.

As used in this section, “officer or employee” means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of the political subdivision, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted resolution, pursuant to guidelines or policy that shall be established by the Department of Education, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency or instrumentality thereof.

L.2007, c.92, s.46.

 

 18A:30-9.1  Use of accrued vacation leave by board of education employee.

5.Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a board of education, or an agency or instrumentality thereof, who does not take vacation leave that accrues in a given year because of business demands shall be granted that accrued leave only during the next succeeding year.  However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee’s appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.  This provision shall apply only to officers and employees who commence service with the board of education, or the agency or instrumentality thereof, on or after the effective date of P.L.2010, c.3.  This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

L.2010, c.3, s.5.

18A:30-10  Establishment of sick leave bank for employees of board of education.

1.Notwithstanding any other provision of law to the contrary, a sick leave bank may be established for employees of a board of education if both the board and the majority representative or majority representatives of the employees who would be eligible to participate consent to the establishment of the sick leave bank.  The purpose of the sick leave bank shall be to enable employees of the board who are entitled to sick leave under chapter 30 of Title 18A of the New Jersey Statutes to draw needed days of sick leave in addition to any days to which they are otherwise entitled.  The sick leave days available to a board employee from the sick leave bank shall be leave days previously donated to the bank by board employees.  Employees may donate sick leave days or any other leave time as agreed upon by the board and the majority representative.  Sick leave drawn from the bank shall be treated for all purposes as if it were accrued sick leave time of the employee who receives it.  No employee shall be required to participate in the bank.

L.2007, c.223, s.1.

18A:30-11  Administration of sick leave bank.

2.The sick leave bank shall be administered by a committee which shall be comprised of three members selected by the board of education and three members selected by the majority representative or majority representatives of those employees of the board who are eligible to participate in the sick leave bank.  The committee may establish standards or procedures that it deems appropriate for the operation of the sick leave bank, which may include a requirement that employees donate leave time to be eligible to draw leave time from the sick leave bank and limitations on the amount of sick leave time which may be drawn or the conditions under which the sick leave time may be drawn.  No day of leave which is donated to a sick leave bank by an employee shall be drawn by that employee or any other employee from the sick leave bank unless authorized by the committee in order to provide sick leave.

L.2007, c.223, s.2.

18A:30-13  Construction of act.

4.No provision of this act shall be construed as limiting the authority of a board of education to provide an employee with additional days of salary pursuant to N.J.S.18A:30-6 after all sick leave available to the employee, including days provided under this act, has been used.

L.2007, c.223, s.4.

18A:31-2.  Attendance at conventions of New Jersey Education Association
Whenever any full-time teaching staff member of any board of education of any local school district or regional school district or of a county vocational  school or any secretary, or office clerk applies to the board of education by  which he is employed for permission to attend the annual convention of the New  Jersey Education Association, such permission shall be granted for a period of  not more than two days in any one year and he shall receive his whole salary  for the days of actual attendance upon the sessions of such convention upon  filing with the secretary of the board a certificate of such attendance signed  by the executive secretary of the association.

L.1967, c.271

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