New Jersey Addendum
In the event of a conflict between the Handbook and any provision of an applicable Addendum, the conflict will be resolved as follows:
- If a benefit provided by the University is more generous than the benefit provided in the applicable Addendum, the University will offer the employee the more generous benefit unless such benefit is limited by statute (e.g., to residents of or employees working in Colorado).
- If a University policy or procedure provides an employee with more protection than that provided under the applicable Addendum, the University’s more protective policy or procedure will apply to internal University processes, and the policy or procedure specified in the applicable Addendum will apply to external proceedings in the applicable state or local agency.
For example, if the University’s Discrimination and Harassment Policy includes more protected statuses than a particular state provides, the University’s Discrimination and Harassment Policy and the applicable procedures established by the Office of Equal Opportunity & Title IX (EOIX) will apply to a report or complaint filed with EOIX. For a complaint filed with the state or local civil rights agency, the protections afforded under the state Addendum will apply.
Employees with questions about the Handbook or any applicable Addendum should contact their HR Partner at AskHRPartners@21333b.com.
New Jersey
This addendum only applies to employees in New Jersey. This addendum is in addition to the University of Denver handbook and only modifies the provisions included in the addendum.
Domestic Violence and Sexual Assault Leave
New Jersey employees who are victims of domestic violence or sexual assault (or whose family member is a victim of domestic violence or sexual assault) may take up to 20 days of unpaid time off in a 12-month period if they (i) have been employed by University of Denver for at least 12 months, and (ii) have worked at least 1,000 hours during the 12-month period immediately preceding the qualifying event. Eligible employees may take this leave to:
- Seek or receive medical treatment for, or recover from, physical or psychological injuries caused by domestic violence, sexual violence, or assault;
- Obtain services from a victim services organization;
- Obtain psychological or other counseling for the employee or their family member;
- Participate in safety planning, move, or take other actions to increase the safety of the employee or their family member from future domestic or sexual violence or to ensure economic security;
- Seek legal assistance or remedies to ensure the health and safety of the employee or their family member, including preparing for or participating in any civil or criminal legal proceeding related to domestic or sexual violence; or
- Attend, participate in, or prepare for criminal or civil court proceedings relating to an incident of domestic or sexual violence of which the employee or their family member was a victim.
For purposes of this policy, “family member” means the employee’s child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner, civil union partner, blood-related individual, or individual with a family-equivalent relationship. Eligible employees must take leave within 12 months of the qualifying event. Each incident of domestic violence or sexual violence is a separate qualifying event which entitles the employee to leave if the employee has not exhausted the 20 days of unpaid time off available for a given 12-month period.
Employees must provide University of Denver reasonable advance notice of the need to take time off under this policy, if practicable. If advance notice is not practical, employees must provide notice as soon as practical.
University of Denver may request reasonable documentation of the need for such leave, including, but not limited to:
- A domestic violence restraining order or other court issued documentation of equitable relief;
- A letter or other written documentation from the county or municipal prosecutor documenting the domestic or sexual violence;
- Documentation of the aggressor’s conviction for the domestic or sexual violence;
- Medical documentation of the domestic violence or sexually violent offense;
- Certification from a certified domestic violence specialist or the director of a designated domestic violence agency or rape crisis center that the employee or related individual is a victim of domestic or sexual violence; or
- Other documentation or certification by a social worker, member of the clergy, shelter worker, or other professional who has assisted the employee or related individual in coping with the domestic or sexual violence.
Leave taken under this policy runs concurrently with leave under the FMLA and the New Jersey Family Leave Act, if applicable. If an employee takes leave under this policy for a reason that also entitles them to leave under the FMLA and/or the New Jersey Family Leave Act, University of Denver will deduct the amount of leave taken under this policy from the leave available to the employee under those laws, as applicable. Leave under this policy may also be taken intermittently in intervals of no less than one full day.
University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential unless voluntarily authorized in writing by the employee or required by law. University of Denver will not discriminate or retaliate against employees for requesting or taking leave in compliance with this policy.
Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this policy.
Emergency Responders Leave
New Jersey employees who are “volunteer emergency responders” may take unpaid time off during a state of emergency declared by the President of the United States or the New Jersey governor or if they are actively engaging in responding to an emergency alarm.
“Volunteer emergency responders” includes employees who are: (i) active members in good standing of a volunteer fire company, (ii) volunteer members of a duly incorporated first aid, rescue, or ambulance squad, or (iii) members of any county or municipal volunteer Office of Emergency Management (if the member’s official duties include responding to a fire or emergency call).
Employees must provide University of Denver reasonable advance notice no later than one hour before their workday begins of the need for leave under this policy. University of Denver may request reasonable documentation reflecting the need for such leave, including an incident report and a certification by the incident commander or other official or officer in charge, that both affirms that the employee was actively engaged in, and necessary for, rendering emergency services, and that states the date and time they was relieved from emergency duty by the officer or official. University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy.
Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.
Equal Employment and Anti-Discrimination Policy
This is only an excerpt of University of Denver’s Non-Discrimination Statement and Discrimination and Harassment policy with state specific information included in italics. Please refer to the complete policy for further information.
University of Denver is an equal opportunity employer and makes employment decisions based on merit and University needs. Creating an inclusive and professional environment where employees feel comfortable, safe, and free from inappropriate and disrespectful conduct is one of the University’s core values.
University of Denver does not discriminate against (in any aspect of employment, including recruiting and hiring, job assignment, compensation, opportunities for advancement, promotion, transfers, evaluation, benefits, training, discipline, and termination), nor does it tolerate harassment by any person, including, co-workers, supervisors, and third parties, on the basis of the following Protected Characteristics: In New Jersey: age, ancestry, atypical hereditary cellular or blood trait (including sickle cell trait, Tay-Sachs trait, or cystic fibrosis), color, creed, disability or handicap, gender identity or expression, genetic information, marital status, civil union status, domestic partnership status, national origin, nationality, pregnancy, race (including traits historically associated with race like hair texture, hair type, and protective hairstyles), service in the US armed forces, sex, and sexual or affectional orientation
Information about the New Jersey Department of Law and Safety Division on Civil Rights can be found at http://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/ or by calling 973-648-2700.
New Jersey Family and Medical Leave
University of Denver provides family and medical leave in accordance with the New Jersey Family Leave Act (NJFLA).
New Jersey employees are eligible for NJFLA leave if they have worked for University of Denver for 12 months and worked 1,000 hours in the 12 months before the leave. University of Denver may deny NJFLA leave to salaried employees who are among the highest paid 5% of all employees or the seven highest paid employees (whichever is greater) if granting leave will cause substantial and grievous injury to the operations of the University. Eligible employees may take up to 12 weeks of unpaid leave during a 24-month period for the following reasons:
- To care for the employee's child after birth or placement for adoption or foster care;
- To care for the employee’s family member with a serious health condition;
- In the event of state of emergency declared by the Governor, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease which requires the employee:
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- To provide in-home care or treatment to the employee’s child due to the closure of the school or place of childcare, by order of a public official;
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- To care for a family member subject to a mandatory quarantine as a result of an illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease where the presence of that family member in the community would jeopardize the health of others; or
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- To care for a family member subject to the recommendation of a health care provider or public health authority to undergo self-quarantine as the result of suspected exposure to a communicable disease where the presence of that family member in the community would jeopardize the health of others.
For purposes of the NJFLA, a “family member” is a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner or partner in a civil union, any other individual related by blood to the employee, and any other individual with whom the employee shows a close association which is the equivalent of a family relationship.
Eligible employees may be entitled up to 12 weeks of family leave insurance benefits under the New Jersey Temporary Disability Benefits Program. For more information, visit http://www.myleavebenefits.nj.gov/labor/myleavebenefits/worker/.
Leave under the NJFLA will run concurrently with any FMLA leave. NJFLA leave may be taken on an intermittent basis in intervals of at least one week if: (i) intermittent leave is medically necessary or it is taken to care for or bond with a newborn, foster, or adopted child; (ii) the leave is taken within12-months of each health condition or within the 12-month period following the birth or placement of a foster or adopted child; (iii) the employee gives the required notice of the leave; and (iv) the employee makes a reasonable effort to schedule their leave so as not to unduly disrupt the Organization’s operations. NJFLA leave may also be taken intermittently in the case of a leave taken due to an epidemic of a communicable disease. Employees may take reduced-schedule leave to care for a family member with a serious health condition over 12 consecutive months. Employees must provide at least 15 days’ notice before taking intermittent leave.
Employees must provide University of Denver at least 30 days’ advance notice of their need for NJFLA leave. University of Denver may require employees to provide certification of the leave issued by a health care provider, a school, a place of childcare, a public health authority, or a public official.
During NJFLA leave, employees may maintain coverage under any group health insurance policy, group subscriber contract, or health care plan at the level and under the conditions coverage would have been provided if they had continued their employment. Employees must continue to pay their portion of the insurance premium.
Employees returning from NJFLA leave will be restored to their old position or to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment. If University of Denver experiences a reduction in force or layoff during NJFLA leave and the employee would have lost their position, they may not be reinstated to their former or equivalent position.
University of Denver will not discriminate against employees for requesting or taking NJFLA leave. University of Denver will also not interfere with, restrain, or deny an employee’s exercise of (or attempts to exercise) any rights provided by the NJFLA.
Jury Duty Leave
University of Denver encourages all employees to report for jury duty and provides New Jersey employees with unpaid time off for jury duty service. While leave to serve on a jury is unpaid, exempt salaried employees will not have their pay reduced for any week in which they employee work and also miss time to serve on jury duty.
After receiving a summons for jury duty, employees must notify University of Denver as soon as reasonably possible. University of Denver may request reasonable documentation of jury duty service to the extent permitted by law. University of Denver will not discharge, discipline, retaliate against, coerce, or otherwise penalize employees who are absent to attend judicial proceedings in response to a summons for jury duty.
If work time remains after any day of jury selection or jury duty, employees must return to work (and/or log back on to work, if working remotely) for the remainder of the employee’s work schedule.
Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this policy.
Meal and Rest Breaks
Non-exempt New Jersey employees under 18 who work at least five hours in their workday are entitled and expected to take an unpaid, off-duty, 30-minute meal break. Employees will be relieved of all duties for the full meal break and are free to leave the premises during that time. Failure to take full meal breaks is a violation of University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.
Military Service Leave
This is only an excerpt of University of Denver’s Leave of Absence policy with state specific information included in italics. Please refer to the complete policy for further information.
Employees may take military leave for training and other non-active-duty activities in accordance with applicable law.
- New Jersey employees may take military leave to participate in assemblies or annual training, and they may take up to three months per four-year period to attend service school. Any non-temporary employee who has successfully returned from military service, remains qualified for their former position, and applies for reemployment within 90 days, will be restored to their prior position or to a position of like seniority, status, and pay, unless the University of Denver’s circumstances have so changed as to make it impossible or unreasonable to do so. If the circumstances of the University of Denver have so changed as to make it impossible or unreasonable to restore the serviceperson, The University of Denver will restore the person to any available position, if requested by the person, for which the person is able or qualified to perform the duties.
Organ and Bone Marrow Policy
New Jersey employees who take a “period of disability” under New Jersey’s Temporary Disability Benefits Law to donate an organ or bone marrow will be restored to their former position at the time the disability commenced or to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment.
New Jersey Paid Sick Leave
Employees in New Jersey accrue paid sick leave at a rate of one hour for every 30 hours worked, up to a total of 40 hours per year. Employees may use up to 40 hours per year of paid sick leave for the following reasons:
- Mental or physical illness, injury, or other adverse health condition of the employee or the employee’s family member, including for diagnosis, care, treatment, recovery, or preventative care;
- If the employee or a family member is the victim of domestic or sexual violence, time off to:
- Recover from physical or psychological injury or disability caused by the crime or abuse;
- Obtain services from a designated domestic violence agency or other victim services organization;
- Seek psychological or other counseling; relocation; or legal services, including obtaining a restraining order; or
- Prepare for or participate in any civil or criminal legal proceeding related to the crime or abuse;
- Closure of the employee’s workplace or a child’s school or place of care by order of a public official due to an epidemic or other public health emergency, or because of the issuance by a public health authority of a determination that the presence in the community of the employee, or a member of the employee’s family in need of care by the employee, would jeopardize the health of others;
- 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; or
- Other reasons provided under applicable law.
For the purpose of this policy, "family member" means: a child or grandchild; a sibling; a spouse, domestic partner, or civil union partner; a parent or grandparent; a spouse, domestic partner, civil union partner of a parent or grandparent; a sibling of a spouse, domestic partner, or civil union partner, or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.
Employees are entitled to use accrued paid sick days beginning on the 120th day of employment, after which they may use paid sick leave as it is accrued. Employees may carry over up to 40 hours of earned sick leave year-to-year.
If the need for paid sick leave is foreseeable, employees must provide seven days advance notice to the Organization and make a reasonable effort to schedule the use of sick days in a manner that does not unduly disrupt the operations of the University of Denver. If the need for paid sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. If employees are absent for three or more consecutive days, the University of Denver may require reasonable documentation that the paid sick time has been used for a purpose set forth in this policy. Reasonable documentation includes verification signed by a health care professional; a law enforcement agency record or report; a court order; documentation that the perpetrator of the domestic or sexual violence has been convicted of a domestic or sexual violence offense; testimonial from a certified Domestic Violence Specialist or a representative of a designated domestic violence agency or other victim services organization; documentation or certification provided by a social worker, counselor, member of the clergy, shelter worker, health care professional, attorney, or other professional; or a copy of the order of the public official or the determination by the health authority.
Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick leave will not be paid upon termination of employment. If employees separate from the University of Denver and are rehired within six months from their date of separation, their earned but unused paid sick leave that they had at the time of separation will be reinstated.
Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this policy. The University of Denver will not retaliate against employees for their use of, or attempt to use, sick days. In addition, employees will not be retaliated against for filing a complaint alleging violations of paid sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of paid sick leave laws, or opposing any policy, practice, or act prohibited by any applicable paid sick leave laws.
Pregnancy Leave
New Jersey employees whose doctor certifies that they are disabled and unable to work due to pregnancy may be eligible for temporary disability insurance for up to four weeks before their expected date of delivery. For more information, visit: http://www.myleavebenefits.nj.gov/labor/myleavebenefits/.
Witness Duty Leave
New Jersey employees may take time off to provide information to, or testify before any public body conducting an investigation, hearing, or inquiry into any violation of law, including to appear in court to comply with a subpoena, court order, or summons as a witness or prospective witness, including for discovery proceedings.
Employees must provide the University of Denver reasonable advance notice of the need to take time off under this policy. The University of Denver may request reasonable documentation reflecting the need for such leave. The University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential, except as required by law. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy.
Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.