Bill Text: NJ A817 | 2014-2015 | Regular Session | Introduced
Bill Title: Permits boards of education to establish donated leave programs for their employees as an alternative to the sick leave banks which are currently permitted by law.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Education Committee [A817 Detail]
Download: New_Jersey-2014-A817-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
SYNOPSIS
Permits boards of education to establish donated leave programs for their employees as an alternative to the sick leave banks which are currently permitted by law.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act permitting the establishment of donated leave programs for school board employees and supplementing chapter 30 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As an alternative to the sick leave bank which may be established pursuant to P.L.2007, c.223 (C.18A:30-10 et seq.), a board of education may determine to establish a donated leave program pursuant to the provisions of this act. The purpose of the donated leave program shall be to enable employees of the board of education to draw needed days of sick leave in addition to any days to which they are otherwise entitled.
b. The board of education shall determine, upon a request by an employee, whether or not the employee may receive donated leave. The employee may be eligible to receive donated leave, if the employee:
(1) is entitled to sick leave under chapter 30 of Title 18A of the New Jersey Statutes;
(2) has completed at least one year of continuous employment with the board;
(3) has exhausted all accrued sick, vacation, and administrative leave, all sick leave injury benefits, if any, and all compensatory time off;
(4) has not, in the two-year period immediately preceding the employee's need for donated leave, been disciplined for chronic or excessive absenteeism, chronic or excessive lateness, or abuse of leave; and
(5) either suffers from a catastrophic health condition or injury; is needed to provide care to a member of the employee's immediate family who is suffering from a catastrophic health condition or injury; or requires absence from work due to the donation of an organ.
c. An employee of the board of education requesting to participate in the donated leave program as a leave recipient shall submit to the board medical verification from a physician or other licensed health care provider concerning the nature and anticipated duration of the disability resulting from either the catastrophic health condition or injury, or the donation of an organ, as the case may be.
d. If the board of education approves an employee's request to participate as a leave recipient, the board shall post or circulate the employee's name in a conspicuous manner in the school district to encourage the donation of leave time by other employees of the board who have been approved by the board as leave donors pursuant to subsection e. of this section. If the employee is unable to consent to the posting or circulation, the employee's family may consent on the employee's behalf.
e. An employee of the school district who wishes to participate in the donated leave program as a leave donor shall request approval for participation from the board of education.
f. The board of education shall establish standards and procedures that it deems appropriate for the operation of the donated leave program, which are in conformance with this act. The standards and procedures shall include: the maximum number of leave days a leave recipient may receive; the minimum number of leave days a leave donor is required to retain after donating leave; and the process for returning any unused donated leave to the leave donors.
g. The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act, including defining a "catastrophic health condition or injury."
2. This act shall take effect immediately.
STATEMENT
Pursuant to P.L.2007, c.223 (C.18A:30-10 et seq.), a sick leave bank may be established for employees of a board of education, if both the board and the majority representative of the employees who would be eligible to participate in the sick leave bank, consent to the establishment of the sick leave bank. As an alternative to the sick leave bank provided for under P.L.2007, c.223, this bill would permit boards of education to establish a donated leave program that is similar to the donated leave program established by the Civil Service Commission for State employees.
Under this bill a board of education that establishes a donated leave program will have the authority to determine which employees may participate as leave donors or leave recipients. An employee of the board may be eligible to receive donated leave if the employee:
· is entitled to sick leave under chapter 30 of Title 18A of the New Jersey Statutes;
· has completed at least one year of continuous employment with the board;
· has exhausted all accrued sick, vacation, and administrative leave, all sick leave injury benefits, if any, and all compensatory time off;
· has not, in the two-year period immediately preceding the employee's need for donated leave, been disciplined for leave-related matters; and
· either suffers from a catastrophic health condition or injury; is needed to provide care to a member of the employee's immediate family who is suffering from a catastrophic health condition or injury; or requires absence from work due to the donation of an organ.
If a board employee wishes to participate in the donated leave program as a leave recipient, he is required to submit medical verification concerning the nature and anticipated duration of the leave he is requesting. If the board approves his participation in the donated leave program, the board will post or circulate the employee's name in a conspicuous manner in the school district to encourage the donation of leave time by other board employees who have been approved by the board to participate as leave donors.
The bill requires boards of education to establish standards and procedures that it deems appropriate for the operation of the donated leave program, including, but not limited to: the maximum number of leave days a leave recipient may receive under the program; the minimum number of leave days a leave donor is required to retain after donating leave; and the process for returning any unused donated leave to the leave donors.
