FMLA/FLA Quick Guidance for Managers and Supervisors

Reference Guide for Managers and Supervisors Stuart Rabner Glenn A. Grant, J.A.D. Chief Justice Acting Administrative Director of the Courts

INTRODUCING A NEW EMPLOYEE INTO THE ORGANIZATION The introduction of a new employee into the Judiciary begins with the pre-employment process which is conducted by a representative from the Human Resources division. During this session, a new hire checklist is reviewed and the new hire receives all the topics covered which include judiciary policies, procedures, and pensions and benefits information. At this time, Human Resources obtains signed acknowledgement forms for various policies. All the information is reviewed and the new hire is encouraged to read and become familiar with the materials at home. Each division has its own protocol to introduce a new employee into their work environment. As a supervisor, you should carefully plan how you will introduce a new hire into his/her new position and the organization. You should include a tour of the complex and outlying buildings, introductions to co-workers, a review of performance expectations and job responsibilities, and a training schedule. and You will be required to complete and forward the following evaluations and appropriate forms to Human Resources: 1. Working Test Period or Probationary Period, for most positions 2. Performance Advisory 3. Career Progression for Judiciary Clerks 1-3 and Probation Officer and Senior Probation Officer. The new employee will be enrolled in the five day New Employee Orientation (NEO) hosted in one of the Vicinages or Central Office. The purpose of the NEO is to welcome the new hire into the organization, make him/her proud of the decision to join the Judiciary, enable him/her to create a network of colleagues and associates, and provide an overview of the Judiciary organization and policies. It creates an understanding of workplace expectations and the mission, values and processes of the courts. Upon completion of the NEO, the new hire will have completed the basic required training in the areas of customer service, workplace violence, EEO/AA, sexual harassment prevention and the code of conduct. All new employees are required to attend certain EEO/AA courses, and new supervisors and managers are required to attend Management Leadership training. You are to coordinate enrollment into these courses with the Training Coordinator or Organizational Development and Training for those Central Office units who do not have a coordinator. 1

RECRUITMENTS Positions in the Judiciary normally fall under two categories: Classified (career service) position • covered by civil service • 4 month working test period (may be extended to 6 months) Unclassified position • not covered by civil service • 4 month probationary period (if necessary, may be extended for 2 additional months). Vacancies may be created through resignations, retirements, advancements, transfers, etc. When a vacancy is identified and approved to be filled, your Division Manager will work with the Human Resources office to fill the position with the most qualified applicant. The hiring process in the Judiciary is fair and equitable and ensures that the most qualified candidate is selected. Unclassified hiring process: A Notice of Vacancy (NOV) is drafted by the hiring manager and Human Resources, and is posted on the Judiciary website. As resumes are received, they are reviewed by Human Resources and the EEO officer to identify qualified candidates. Qualified candidates are those who meet the minimum requirements for the position. Once the NOV closes, all qualified resumes are forwarded to the Hiring Manager and his/her interview panel for review and selection of candidates for the interview process. As a supervisor, you may be asked to participate on an interview panel. In order to participate on an interview panel, you will need to attend an Interview Panel Orientation and refresher training at least every five years. Career service hiring process: Most Probation Officer positions and clerical positions in the vicinages and the clerks’ offices are filled using Civil Service Commission (CSC) processes. Interested candidates apply through the Civil Service Commission to take a test and be placed on an employment list. Human Resources is held accountable to the Civil Service rules and regulations for selection and hiring of employees from the eligible list. Residency requirement Pursuant to N.J.S.A. 52:14-7 (L. 2011, c. 70), also known as the “New Jersey First Act”, which became effective on September 1, 2011, employees newly hired by the Judiciary on or after that date shall have one year from the date of employment to establish residency in the state, with the exception of law clerks who are exempt from the law for the duration of their clerkship. Law clerks who move into another state position immediately following their clerkship must be New Jersey residents upon assuming the new position. Position Control: All employees are assigned a position number. Position numbers are associated with a specific title, division and cost center. Working Test Period: All classified employees under the Civil Service system are required to undergo a “Working Test Period”. A new hire is evaluated after two months with a satisfactory or unsatisfactory rating and then again at four months. Upon successfully completing a “Working Test Period”, an employee becomes permanent. If the employee is not meeting work expectations and you need additional time to make an assessment, you may request a two month extension. Two month extensions must be requested through Human Resources two weeks before the end of the working test period. If an employee is to be terminated from service at the 2

conclusion of a working test period due to unsatisfactory performance, Human Resources shall be given written notification prior to the conclusion of the working test period. If an employee in a working test period is experiencing performance issues, the supervisor should contact Human Resources as soon as possible to seek guidance. Probationary Period: Employees who are hired from outside the Judiciary into unclassified or confidential titles are required to undergo a probationary period of four months, which may be extended for two additional months. Such employees shall not be entitled to just cause protection during that probationary period. Please be reminded that as a supervisor, you should use the working test period or probationary period as a method to determine if the employee will be a good fit for the organization and your unit. Once the employee has successfully completed the working test period or probationary period, you will need to address any performance issues through the performance advisory system and disciplinary process. 3

MANAGERS GUIDE TO COMPLETING THE PERFORMANCE ADVISORY FORM In accordance with the New Jersey Administrative Code and the Judiciary’s collective negotiations Agreements, managers are required to complete annual performance advisories for each employee in his or her division or unit. Performance Advisories are necessary to ensure that employees know what is expected of them in relation to the performance of their duties. It also ensures that there is a continued and productive dialog between managers and their staff concerning the goals and objectives of each unit within the Judiciary. Please Note: 1. When an employee moves from one position to another within the Judiciary, whether a vicinage position or central office position, an evaluation must be conducted so that the employee’s performance for the entire evaluation period is documented. 2. If a manager or supervisor leaves the work unit for any reason (transfer, retirement, etc.), evaluations must be completed for staff prior to separation. Detailed instructions and forms can be obtained from the Judiciary Infonet. Below is a quick reference for your use in preparing for performance advisory meetings. I. Preparation of New Annual Expectations Late November Senior management should meet with Division Managers/Assistant Directors to discuss the Judiciary’s established goals for upcoming year. Division Managers/Assistant Directors should meet with their division’s managerial/supervisory staff to develop goals and expectations for the division/unit. December/January Managers/supervisors shall: - Review and discuss expectations for upcoming year with your staff. - Complete new advisory forms for the new calendar year (see attached), Part I. A.- “Supervisor’s Expectations For Your Performance This Calendar Year.” - Ensure employees have one complete list of expectations, incorporating the unit and individual expectations. - Encourage the employee to complete Part I. B.-“Employee’s Plans.” - Have employee acknowledge receipt of expectations by signing and indicating the date. - Provide copy of signed and dated form to employee and your superior. - Retain original form for discussion at mid-year advisory meeting. 4

II. Close out of Current Advisory Beginning in December Managers/supervisors shall: - Prepare for end-of-year evaluations as well as the new year. - Meet with each employee. A copy of the current year advisory form should be provided to the employee so that both can prepare for the meeting. The meeting is to discuss your assessment of how well the employee met expectations during the current year. - Complete Part III. A. “Annual Advisory Supervisor’s End of Year Review/Assessment.” -Sign/Date form (not mandatory that employee sign) -Provide copy of signed form to employee and your superior -Original form will be sent to Human Resources (Instructions on this process will be sent to Division Managers/Assistant Directors from your respective Human Resources office). III. Mid Year Advisory June/July Managers/supervisors shall: - Meet with employee to discuss annual expectations. You should provide the original expectations to the employee. Although the purpose of this meeting is to discuss the employee’s progress, managers/supervisors should keep notes of the discussion. - You may document discussion via a memo to employee, but it must be separate. Do not attach memo to advisory form. - Any changes in expectations should be documented, initialed/signed and dated by the employee. - Manager/Supervisor and employee sign and date the form in Part II. “Mid-Year Advisory.” -Copies should be provided to employee and your superior. -Retain original advisories until completion of the annual review. IV. Performance Tracking Sheets (For Central Office Only) *(Each vicinage will send instructions to their respective managers) Designated Division Managers/Assistant Directors will receive tracking sheets from Human Resources after each advisory period. (These tracking sheets assist Human Resources with monitoring compliance.) Tracking sheets list employees within your division. You should check if the advisory was completed or provide an explanation as to why it was not. 5

You must complete your respective tracking sheets for your division and oversee collection of information from your areas of responsibility. The completed tracking sheets must be returned to Human Resources. Reminders: 1. Managers must review staff’s expectations, mid-year advisory and annual evaluations with the appropriate senior division manager before delivery to the employee. 2. Employees who are new hires, transferred or reassigned shall receive a copy of their expectations within 30 days of the new assignment. 6

CAREER PROGRESSION Career Progression Program for Probation Officers: Career Progression – Career Progression permits classified employees in Level 2 – Basic, Probation Officer title of the Case Processing Band to advance to Level 3 – Journey, Senior Probation Officer title of the Case Processing Band. Probation Officers are assessed on the competencies for advancement to the next level. A competency means that the employee has demonstrated sufficient skill to qualify for advancement. How Career Progression works – Supervisors must complete the Career Progression Eligibility form twice a year (at mid-year and annual performance advisory reviews). Your Division Manager will sign the form to ensure fairness and consistency. The form and performance will be reviewed by you and your employee. Once completed the form must be signed and forwarded to Human Resources. If it has been determined that the employee has demonstrated all of the competencies needed for advancement, he/she will be deemed eligible for advancement. Employees hired at the basic level Probation Officer title from January 1, 2004 through January 31, 2009 who achieve five (5) years of service (provisional and permanent) and who meet the competencies needed for advancement on the Career Progression Eligibility form shall be advanced to the journey level Senior Probation Officer title. All employees hired at the basic level (Probation Officer) on or after February 1, 2009, shall be eligible to be advanced to the journey level (Senior Probation Officer) upon meeting the requirements for advancement and subject to the existence of a Senior Probation Officer opening. Management has the exclusive right to select an employee for advancement from all employees within the qualified pool for the level of the position. Career Progression Program for Judiciary Clerks: Career Progression – Career Progression permits classified employees in Support Staff Band titles to advance to the higher levels within the Support Staff Band. Employees in the Judiciary Clerk titles are assessed on the competencies for advancement to the next level. A competency means that the employee has demonstrated sufficient skill to qualify for advancement. A Judiciary Clerk who has met all competencies is able to apply for the next higher title through recruitment or through requesting a Reclassification of their title. Note: Completed forms are required for classified/career service Support Staff, Probation Officers and Senior Probation Officers who have not yet been assessed as having demonstrated the competencies for the next higher-level title in their career service band during the Mid-Year and Year-end advisory periods. If an employee has previously demonstrated all of the competencies for the next level, the supervisor need not complete another Career Progression Eligibility Form, unless the employee’s title has changed to a higher career service title since the last assessment. Also, Career Progression Eligibility Forms need not be completed for employees who are at the highest level of the band. Note: Forms are located on the Infonet under forms – Human Resources. 7

CAREER PROGRESSION FORM DIRECTIONS TO SUPERVISORS OF CLASSIFIED SUPPORT STAFF 1. The Support Staff Career Progression form and directions apply to employees who have career service/classified status in the Support Staff band. If you have any question about whether your employee is in the classified service, please consult your position list or your local Human Resources Office for clarification. The position list shows “UA” for unclassified appointment types. All other appointment types indicate career service/classified status. 2. Complete the career progression form for the employee’s job title. You can find the job titles covered by each form directly above the box for employee name. 3. Complete the employee name, job title (using the broad banded job title, not the previous classification system title), division/unit and location. Include in the location box the name of the vicinage or of the central Clerk’s Office (Supreme, Appellate, Superior or Tax Court) in Trenton, as appropriate. Rating period should indicate “Mid-Year” or “Annual” and the year in which the career progression form is completed. 4. Circle in each of the five competency boxes “Yes” or “No” indicating if the employee has demonstrated the competency described during the period under assessment. Also circle “Yes” or “No” in the last box reflecting if the employee met all the competencies for advancement on this form. 5. For any competency with a “No” response circled, include a plan the employee can follow that might lead to attaining the competency in the future. A supervisor might identify specific training, assign a mentor, provide personal coaching, recommend other resources or identify actions the employee might take to demonstrate the competency. Supervisors who are uncertain about establishing a meaningful competency development plan should consult the local Human Resources Division Manager or training coordinator. 6. After the supervisor signs the form, AND BEFORE IT IS DISCUSSED WITH THE EMPLOYEE, the supervisor should submit the form to the Division Manager for review. Once the Division Manager has returned the form with his/her signature, the supervisor should discuss the career progression form with the employee and obtain the employee’s signature. (If the employee refuses to sign the completed form, the supervisor should note that fact in place of the signature.) 7. If, in the course of the discussion, the supervisor wishes to reconsider whether the employee has demonstrated the competency, the supervisor must consult with the Division Manager before changing the form. 8. Once the form is discussed with the employee and signed, the supervisor should provide a copy to the employee, retain a copy for the supervisor’s file and forward the original to the local Human Resources Office. 9. If an employee was previously assessed as having successfully demonstrated all of the competencies for the next higher level, the supervisor need not complete another Career Progression Form, unless the employee’s title has changed since the last assessment to a higher career service Support Staff title. 8

CAREER PROGRESSION FORM DIRECTIONS TO SUPERVISORS OF CLASSIFIED PROBATION OFFICERS AND SENIOR PROBATION OFFICERS 1. Complete the career progression form for the employee’s job title. You can find the job titles covered by each form directly above the box for employee name. 2. Complete the employee name, job title (using the broad banded job title, not the previous classification system title), division/unit and location. Include in the location box the name of the vicinage. Rating period should indicate “Mid-Year” or “Annual” and the year in which the career progression form is completed. 3. Probation Officers - circle in each of the ten competency boxes “Yes” or “No” indicating if the employee has demonstrated the competency described during the period under assessment. Also circle “Yes” or “No” in the last box reflecting if the employee met all the competencies for advancement on this form. 4. Senior Probation Officers - circle in each of the seven competency boxes “Yes” or “No” indicating if the employee has demonstrated the competency described during the period under assessment. Also circle “Yes” or “No” in the last box reflecting if the employee met all the competencies for advancement on this form. 5. For any competency with a “No” response circled, include a plan the employee can follow that might lead to attaining the competency in the future. A supervisor might identify specific training, assign a mentor, provide personal coaching, recommend other resources or identify actions the employee might take to demonstrate the competency. Supervisors who are uncertain about establishing a meaningful competency development plan should consult the local Human Resources Division Manager or training coordinator. 6. After the supervisor signs the form, AND BEFORE IT IS DISCUSSED WITH THE EMPLOYEE, the supervisor should submit the form to the Division Manager for review. Once the Division Manager has returned the form with his/her signature, the supervisor should discuss the career progression form with the employee and obtain the employee’s signature. (If the employee refuses to sign the completed form, the supervisor should note that fact in place of the signature.) 7. If, in the course of the discussion, the supervisor wishes to reconsider whether the employee has demonstrated the competency, the supervisor must consult with the Division Manager before changing the form. 8. Once the form is discussed with the employee and signed, the supervisor should provide a copy to the employee, retain a copy for the supervisor’s file and forward the original to the local Human Resources Office. 9. Once an employee attains the competencies for advancement on the Career Progression Eligibility form for Probation Officer, a supervisor does not fill out the form again unless the employee has been advanced to Senior Probation Officer. 9

MANAGING & UNDERSTANDING STAFF’S LEAVE USAGE Employees’ leave time is credited at the beginning of each calendar year. A new hire will earn leave on a month-to-month basis. As a supervisor, it is your responsibility to approve leave time and ensure employees are using their time appropriately. Leave time should not be unreasonably denied provided it does not have a negative impact on the ability to meet the business needs of the unit. If at any time you suspect abuse of leave, contact your local Human Resources office. All Judiciary employees must report their work and leave time in eCATS (electronic cost accounting and timekeeping system) and certify to the accuracy of the report each pay period. As a supervisor, you must also approve your employees’ time sheets in eCATS at the conclusion of each pay period by the deadline established by your local human resources office. Leaves that must be managed effectively: Administrative Leave: may be used for personal business, including emergencies and religious observances. Administrative leave cannot be carried over from one year to another. Except in emergencies, administrative leave shall be scheduled with as much notice in advance as possible. Priority in granting such leave requests shall be: 1. Emergencies 2. Religious holidays 3. Personal matters Employees earn administrative leave as follows: • First calendar year of service - 1/2 day for each full month worked (up to 3 days/year) st • After 1 calendar year of service - 3 days/year Vacation Leave: Under normal circumstances, vacation shall be granted only with prior approval of the employee's supervisor or designee. Requests for vacation leave shall be submitted in writing as far in advance as possible, and normally not less than two weeks prior to the vacation leave. Requests that do not conflict with operational needs shall not be unreasonably denied. A new employee is entitled to one paid vacation leave day for the initial month of employment if he/she begins work on the 1st through the 8th day of the calendar month, one-half day if he/she begins on the 9th through the 23rd day of the month, and none if he/she begins work after the 23rd of the month. Every full-time employee, except for Court Executives, Judges Secretaries and Law Clerks, is entitled to earn vacation leave as follows: • First calendar year of service - 1 day/month worked • 1 through 5 years of service - 12 days/year • 6 through 12 years of service - 15 days/year • 13 through 20 years of service - 20 days/year • After 20 years of service - 25 days/year Court Executives and Judge’s Secretaries • First calendar year of service – 1.67 days/11.5 hours per for each full calendar month 10

• 1 through 19 years of service – 20 days/year • 20 or more years of service - 25 days/year After the first calendar year, vacation leave is credited on January 1 in anticipation of continued service. An employee who exhausts all paid vacation leave in any one year shall not be credited with additional paid vacation leave until the beginning of the next calendar year. A maximum of one year of vacation leave may be carried forward to the succeeding year. An increase in vacation leave shall be granted at the beginning of the calendar year in which the years of service requirement will be met. Sick Leave: Sick leave may be used by employees who are unable to work because of • Personal illness or injury; • Exposure to contagious disease; • Care, for a reasonable period of time, of a seriously ill family member of the employee’s immediate family; • Death in the employee’s immediate family, for a reasonable period of time. N.J.A.C defines immediate family members as follows: "Immediate family" means an employee's spouse, domestic partner (see section 4 of P.L. 2003, c. 246), child, legal ward, grandchild, foster child, father, mother, legal guardian, grandfather, grandmother, brother, sister, father-in-law, mother-in-law, and other relatives residing in the employee's household. A new employee is entitled to one paid sick leave day for the initial month of employment if he/she begins work on the 1st through the 8th day of the calendar month, one-half day if he/she begins on the 9th through the 23rd day of the month, and none if he/she begins work after the 23rd of the month. After the initial month of employment and up to the end of the first calendar year, an employee shall be credited with one day for each month of service. Thereafter, at the beginning of each calendar year in anticipation of continued employment an employee is credited with 15 days. Sick leave accumulates from year to year. Note: An employee who is absent for reasons that may entitle him/her to sick leave shall notify his/her supervisor (or follow the unit’s sick leave reporting procedure if different) promptly by the employee's usual daily reporting time. Failure to notify the supervisor may be cause for denial of sick leave for that absence and constitute cause for disciplinary action. For scheduled sick absences, the employee should follow the unit’s procedures for requesting time off. Managers/supervisors should contact Human Resources if an employee is out sick for at least three days as the employee may be entitled to leave under FMLA. (Please see below for more information on FMLA). 3 Consecutive Days of Absence: If an employee has been out for three consecutive days, please notify Human Resources. Human Resources will then send the employee information and a certification of health care provider for FMLA (Federal Family Medical Leave Act). 5 Consecutive Days of Absence: If an employee has been out for five consecutive days, he/she may not return to work without a doctor’s note. Please notify Human Resources if an employee has been out for at least five consecutive days. When the employee calls out of work, the supervisor should direct the employee to provide a doctor’s note to Human Resources on the first day he/she returns to work. 11

Federal Family Leave (FMLA) The Federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of leave to employees who have worked for their employer for at least one year and who worked at least 1250 hours in the previous 12- month period. FMLA can be used for family care reasons, which are the birth of a child, to care for the newborn child, for the placement of a child with the employee for adoption or foster care, to care for a family member (spouse/domestic partner, child, parent), to attend to urgent needs resulting from an employee’s spouse, child, or parent being called for military active duty, or because the employee’s own serious health condition renders him or her unable to perform the functions of the job. Both the FMLA and the FLA (see below) provide that health benefits must be maintained during any period of unpaid leave under the same conditions as if the employee continued to work and the employee must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on return from leave. For more information please see the attached FMLA/FLA Quick Guidance for Managers and Supervisors. New Jersey State Family Leave (FLA) Most employees who have worked for their employer for at least one year and who worked at least 1000 hours in the previous 12-month period are entitled to a family leave of 12 weeks in a 24-month period. The leave may be taken consecutively, intermittently, or on a reduced work schedule (only with the agreement of the senior manager) within one year of the birth or placement of a child for adoption or for the serious health condition of an immediate family member of the employee (spouse/domestic partner, child, parent or parent- in-law). For more information please see the attached FMLA/FLA Quick Guidance for Managers and Supervisors. Family Leave Insurance (FLI) The Family Leave Insurance benefit began on July1, 2009. FLI provides up to six weeks of benefits within a 12-month period for covered Judiciary employees to care for a family member (child, spouse, domestic or civil union partner, or parent of a covered employee) incapable of self-care, or to bond with a newborn or newly adopted child. Certification of a serious health condition is required for an FLI claim. FLI may be taken intermittently for up to 42 days to care for a family member. Absence for care-giving claims must be taken in increments of one full day. Absence for bonding claims must be for at least one week at a time (seven calendar days/five business days). The purpose of the FLI benefit is to provide temporary, partial wage replacement for a limited period of time. Employees may be reimbursed for two-thirds of their weekly pay up to a cap, which is subject to change annually. A Judiciary employee who wants to receive FLI benefits must: (a) Complete the FL-1 application for Family Leave Insurance benefits in accord with the instructions for filing and submitting a claim as indicated on the FL-1. This form requires medical certification by a legally licensed health care provider. (b) Utilize 2 weeks (10 days) of available paid sick time for claims related to care of a seriously ill family member. If the employee has a sick leave balance of fewer than 10 days, (s)he will be required to exhaust all available sick days to establish eligibility for FLI benefits. (c) Utilize 2 weeks (10 days) of available paid vacation time for claims related to bonding with a newborn or newly adopted child. If the employee has a vacation balance of fewer than 10 days, (s)he will be required to exhaust all available vacation days to establish eligibility for FLI benefits. 12

(d) Submit requests for the protection of FMLA/FLA during the FLI period, including timely notice and the provision of all supporting documentation as required. (e) For periods of intermittent FLI, schedule the time in a way that is least disruptive to the Judiciary’s operations. Personal /Discretionary Leave An employee who has exhausted his or her allotted time under FMLA or does not qualify for FMLA may apply for a personal illness leave. Granting personal illness leave is discretionary and is a management prerogative based on the operational needs of the unit where the employee works. Personal leaves for reasons other than illness are discretionary with management as well. Donated Leave Program The Judiciary participates in the State of New Jersey Donated Leave Program, which permits an eligible Judiciary employee to donate vacation and/or sick leave to a co-worker or other New Jersey state employee who is suffering from a catastrophic health condition or injury or combination of conditions, or is needed to care for a member of the employee’s immediate family who is suffering from a catastrophic health condition or injury or a combination of conditions, and has exhausted all paid leave to which he/she is entitled. A catastrophic health condition or injury is a life-threatening condition or combination of conditions, or a period of disability affecting the employee’s physical or mental health, or the health of the employee’s fetus, which requires the care of a physician or other licensed healthcare practitioner who provides medical verification of the need for the employee’s absence from work for 60 or more work days. In order to receive donated leave under this program, an employee must have completed one year of continuous New Jersey State service, must provide acceptable medical documentation of the nature, severity and anticipated duration of the medical condition, and must have exhausted all accrued paid leave including sick and vacation leave, administrative leave, compensatory time off and Sick Leave Injury (SLI) benefits, if applicable. In order to voluntarily donate leave under this program, an employee must have completed one year of continuous New Jersey State service and have at least 20 accrued sick days or at least 12 accrued vacation days remaining after the donation; a donor may not donate more than 30 days to any one recipient. The donor must certify that he/she has neither solicited nor accepted anything of value in return for the donation of leave, and may not revoke the leave donation once it has been made. Any employee who would like to participate in the Donated Leave Program should contact the local Human Resources Office as well as look on the Infonet for additional information and conditions of the program, eligibility determination and application forms. A list of employees eligible to receive donated leave is also posted on the Infonet. Note: If an employee has a need for any type of medical leave, please refer them to your local Human Resources Division immediately. 13

FMLA/FLA QUICK GUIDANCE FOR MANAGERS AND SUPERVISORS In accordance with the federal Family & Medical Leave Act (FMLA) and the New Jersey Family Leave Act (FLA), employees may be entitled to a protected medical leave of absence under certain circumstances. This document is intended to provide summary guidance to Judiciary managers and supervisors regarding these two statutes. For more details regarding FMLA/FLA leaves, including eligibility, qualifying events, definition of a ‘serious health condition’, and form and duration of leave, managers and supervisors should consult the full Judiciary FMLA/FLA policy statement, which is posted on the Infonet. An employee may take leave under the FMLA/FLA for any of the following reasons: Under FMLA or FLA: o To care for the employee’s child after birth, or o To care for a child after placement of the child with the employee through adoption or foster care; or o To care for the employee’s spouse*, child under age 18 (or over 18 if incapable of self-care because of a mental or physical disability), or parent* who has a serious health condition. (*Under FLA, but not FMLA, care for a domestic partner or a civil union partner, or for a parent-in-law also qualify for protected leave.) Only under FMLA (these are not covered under FLA): o For a serious health condition that makes the employee unable to perform the employee’s job; or o To care for a spouse, child or parent who is a wounded member of the armed forces with a serious injury or illness incurred in the line of duty while on active duty; or o To attend to urgent needs resulting from an employee’s spouse, child or parent being called to military active duty, including: short-notice deployment; military events and activities; child care and school activities; financial and legal arrangements; non-medical counseling; rest and recuperation; post-deployment activities; or additional related activities where the employer and employee agree to the leave. The Employee’s Responsibilities to the Manager: o Under both the FMLA and FLA, an employee is required to give reasonable notice that he or she intends to take a family/medical leave of absence. o An employee is required to give at least 30 days’ notice prior to a qualifying event, unless emergent circumstances warrant shorter notice. o An employee must submit a written request to the manager or supervisor for any leave of absence, whether the leave is FMLA/FLA-protected or not. o Medical documentation related to the employee’s need for leave must be presented to Human Resources (Human Resources), not to the employee’s manager or supervisor. o When calling out for use of intermittent family leave, an employee on approved FMLA/FLA leave must follow the usual callout procedure established for his or her unit regarding the person to be notified and the time of reporting. The employee must also identify the absence as FMLA/FLA related (without disclosing a diagnosis or information relating to the underlying condition) and indicate the expected duration of the absence. Managers’ and Supervisors’ Responsibilities: o If an employee is absent from the workplace for three consecutive days using either accrued sick leave or unpaid time, the manager/supervisor should immediately notify the benefits representative in Human Resources so the appropriate FMLA/FLA letter can be mailed to the employee’s home. These statutes require such three-day notification to the employee. o When an employee indicates a need for a medical leave or has repeated absences due to medical reasons, even if it is not for three consecutive days (such as for physical therapy appointments), the manager/supervisor should refer the employee to Human Resources immediately. 14

o Although the employee may be required to provide medical information (such as a doctor’s note) under certain circumstances, the manager/supervisor should not accept the medical documentation, but rather should direct the employee to submit the information to Human Resources. By statute, all employee medical information is confidential and therefore should be handled only by the benefits representative in Human Resources. o For that same reason, managers/supervisors should not create or keep files with medical information pertaining to employees. o If an employee is approved for FMLA/FLA leave, keep track of the employee’s related absences by using the FMLA/FLA tracking form that will be provided by Human Resources when the leave is approved. This is especially important to ensure that the employee does not use more FMLA/FLA time than is permitted under the law. 15

CAREER DEVELOPMENT AND TRAINING OF STAFF Proper training is the foundation of any effective and efficient organization. Judiciary employees enable New Jersey citizens and others to receive assistance in resolving their disputes in the New Jersey Courts. Everyone who works for the Judiciary has an important part to play in this process. Training staff to do things correctly the first time is essential. It is critical that employees receive training at the beginning of their career and that they continue to enhance their skills through ongoing training. The Organizational Development and Training (OD&T) unit of the AOC in conjunction with Vicinage training coordinators work together to offer development opportunities throughout the year that are beneficial to Judiciary employees while integrating the core values, mission and goals of the organization. Twice a year, OD&T publishes an online catalog that lists the various opportunities offered throughout the Judiciary. Each employee will have access to the online training catalog via the Judiciary Learning Management System (JLMS) desktop icon from a Judiciary PC. Request and approval for training will be automated via the JLMS. As a supervisor, you should ensure that your staff is properly trained and performing up to your expectations. If an employee is not meeting expectations, it will become necessary for you to begin the coaching and counseling process. Normally an instructive meeting will suffice to address the issue with the employee. In situations where there is no improvement, you will be required to proceed to counseling the employee and taking additional actions. It is important that you document all conversations and instances where an issue or problem exists. If the situation does not improve, please contact your supervisor or Human Resources for assistance. The first step to determine the training needs of your staff is to identify the key job responsibilities and to determine the knowledge, skills and abilities necessary to perform same. The next step is to determine any performance gaps and any areas in need of improvement so that these skills may be developed through on- the-job training, coaching / mentoring and formalized classroom training. Coaching and mentoring are essential to employee development and should happen on a regular basis. Do not wait until performance advisory time to discuss any training needs or deficiencies that may have occurred. Once a training need is identified, you should communicate with your employee prior to sending him or her to training. The following points should be discussed at this meeting: • Review the areas where improvement and/or development is needed; • Focus on any prior discussions you may have had regarding areas of improvement or development; • Review the course description and class objectives; • Explain your expectations as to how these objectives will benefit the employee and the team as a whole; and, • Set up a date for a post training follow-up meeting. At the follow-up meeting you should discuss these items: • A brief review of the materials that were covered; • Areas of training that your staff person found most beneficial; and, • How this new knowledge can be applied in the work place. Remember that training is an on-going process that never ends. There should be an opportunity for the employee to practice the skills learned. Encourage staff to continue to develop and to learn new skills that will in the end benefit your division. 16

The Judiciary Learning Management System The JLMS (Judiciary Learning Management System) is a software product designed to provide training coordinators a tool to manage registration, training classes, student development, and training activity and reporting. The software allows us to create and maintain training transcripts for our students. The JLMS has automated virtually all of the logistics associated with registering, tracking, and distributing training. More information on the JLMS can be found by visiting the Human Resources, Organizational Development and Training section on the Infonet. The Organizational Development and Training (OD&T) unit of the AOC in conjunction with Vicinage training coordinators work together to offer development opportunities throughout the year that are beneficial to Judiciary employees while integrating the core values, mission and goals of the organization. Twice a year, OD&T publishes an online catalog that lists the various opportunities offered throughout the Judiciary. Each employee will have access to the online training catalog via the Judiciary Learning Management System (JLMS) desktop icon from a Judiciary PC. Request and approval for training will be automated via the JLMS. 17

WHEN TO CONTACT HUMAN RESOURCES Doctor’s Notes and Doctor’s Note Status If an employee presents you with a doctor’s note, please return the note to the employee and direct him/her to give the note to Human Resources. Managers and supervisors should not accept doctor’s notes. Human Resources will place the note in the employee’s confidential medical file. An appointing authority may require proof of illness or injury through a doctor’s note when there is a reason to believe that an employee is abusing sick leave; an employee has been absent on sick leave for five or more consecutive work days; or an employee has been absent on sick leave for an aggregate of more than 15 days in a 12-month period. Please contact your local Human Resources Division for further guidance on how to address absenteeism, placing an employee on doctor’s note status and monitoring the process. Employee Injury/accident report/medical emergency Whenever an employee is involved in an accident or injury on-the-job or has a medical emergency, contact Human Resources immediately and complete the State of New Jersey Employer’s First Report of Accidental Injury or Occupational Disease form located on the Infonet under “Forms, Incident Reporting Forms”. Human Resources will assist the employee in obtaining the appropriate medical attention as necessary. If an injury or accident results in an emergency situation where the employee requires immediate medical attention, please call a Sheriff’s officer, “911” or follow your local practice for contacting emergency personnel. Please use sound judgment and contact Human Resources as soon as possible. Resignation Notices: Upon receiving a resignation letter from an employee, please forward the letter to Human Resources and notify your manager. If an employee verbally indicates his/her intent to resign or retire, please advise the employee that a written letter is required to be sent to Human Resources. Disability Accommodation Requests for Employees/Job Applicants If an employee or job applicant requires assistance to perform their essential job functions due to a medical condition, you are to request that he/she contact the local Title I ADA Coordinator (your local Human Resources Manager or Supervisor). You should also contact the local Title I ADA Coordinator to give him/her notice that a person may make contact concerning an accommodation. Accommodations are requested by the individual with a disability. The request does not have to be in writing and no specific words need to be used. The local Title I ADA Coordinator receives and provides information, facilitates discussion between an employee/job applicant with a disability and management about potential accommodations; documents the communication and communicates the accommodation decision. The Title I ADA Coordinator, after consultation with Management, may provide temporary or interim accommodations for employees while their accommodation requests are being considered. Under no circumstances should you relieve an employee of an essential function of his/her job. In consultation with Management, the Title I ADA Coordinator may communicate that an employee will be relieved of an essential function for a limited period of time as a managerial courtesy. Title I ADA Coordinators may at any time consult about ADA matters with Counsel to the Director, who is the Statewide Assistance Person for Title I ADA matters. Any denial of a Title I ADA accommodation must first be brought to the attention of Counsel to the Director. 18

Reclassification Requests An employee who disagrees with his/her job classification may request a review of his/her band assignment and/or level assignment within a band by completing the Judiciary’s Reclassification Request Form. In order to proceed with the reclassification process, the request must identify and explain the areas of substantive change in job content to the extent that the position no longer conforms to the job specification for the title assigned to that position; specifically the employee must file a completed Reclassification Request Form with the local Human Resources Office which will forward it to the AOC’s classification unit. All employees should be directed to Human Resources for additional information. 19

LABOR AND EMPLOYEE RELATIONS If a manager or supervisor needs guidance with respect to labor relations or disciplinary matters, he/she should consult with the Human Resources Division so that practical and effective recommendations can be made. This may result in a review of the collective bargaining agreements, review of the performance advisory documents and a review of the progressive discipline steps taken. Disciplinary action shall be imposed only for just cause. This means that the alleged conduct bears some relationship to the employee’s position or employment. Generally, discipline is intended to be progressive in nature and corrective in aim. Progressive discipline may include pre-disciplinary measures, minor discipline (suspension of 5 days or less) and major discipline (suspension of more than 5 days, fines, disciplinary demotion, removal, resignation not in good standing). However, there are cases in which the actions of employees are so serious in nature, e.g., a violation of the law or the Code of Conduct, that progressive discipline need not be followed. Please see the attached Progressive Discipline Quick Reference Guide. Managers and supervisors are also expected to provide consistent messages with respect to behavioral and performance expectations through the performance advisory process. Performance advisories are necessary to ensure that employees know what is expected of them in relation to the performance of their duties. It also ensures that there is a continued and productive dialog between managers and their staff concerning the goals and objectives of each unit within the Judiciary. Documentation of the performance advisory meetings will aid the manager or supervisor and Human Resources in addressing a performance concern through the progressive discipline process. As there are procedures for conducting a disciplinary investigation, different contractual bargaining unit provisions and different forms and procedures for classified and unclassified employees, it is important that managers and supervisors attend Disciplinary Training and consult with Human Resources on labor and employment matters. Discipline cases involving Code of Conduct violations and violations seeking a penalty of more than a 30-day suspension must be brought to the attention of Labor and Employee Relations as well as Counsel to the Director, as efforts are continuously made to ensure consistency in disciplinary actions, as per our collective negotiations agreements. 20

Discipline Investigation of Incident Quick Reference Guide Is There “Just Cause”? Administrative Code Causes • Is management rule/order For Discipline- NJAC 4A:2-2.3 reasonable? • Was employee adequately • Incompetence warned? • Insubordination • Did management investigate • Inability to perform duties the allegation before issuing • Chronic or excessive discipline charges? absenteeism or lateness • Was the investigation • Conviction of a crime conducted fairly and • Conduct unbecoming a objectively? public employee • Did the investigation produce • Neglect of duty evidence or proof to support • Misuse of property, the charge? including motor vehicles • Were rules, orders and • Discrimination that affects penalties applied equal employment evenhandedly and without including sexual harassment discrimination? • Violation of federal • Is the penalty which regulation concerning drug management seeks to impose and alcohol use reasonably related to the • Other sufficient cause, e.g. seriousness of the violation Violation of Judiciary and the past record of the First Step policies and directives employee? Pre-Discipline Second Step Progressive Discipline Minor Counseling Verbal Written Discipline Session Warning Warning Written Reprimand Suspension of Third Step Five days or less Progressive Discipline Immediate Major Suspensions/ Discipline Loudermill Hearings Disciplinary Suspension more Removal/ Demotion than five days Termination **These are the steps “generally” followed for Progressive Discipline however, there are some offenses so serious in nature, e.g., violations of the law or the Code of Conduct, for which discipline need not be progressive in nature.** S:\\Discipline\Discipline Quick Reference Card_03_28_12 21

WHEN TO CONTACT THE EEO/AA OFFICER As a matter of longstanding policy, the New Jersey Judiciary prohibits discrimination against employees and members of the public, as well as harassment and the creation of a hostile work environment, based on race, creed, color, national origin, ancestry, sex, age, religion, disability, sexual orientation, and other factors fully described in the Judiciary’s Policy Statement on Equal Employment Opportunity, Affirmative Action and Anti- Discrimination. A complaint may be brought to you, as a manager or supervisor of the Judiciary, at any time, orally or in writing. Any manager or supervisor who receives such complaints must immediately report them to the local EEO/AA Officer and, if warranted, should take interim remedial action. The local EEO/AA Officer will provide consultation to the manager or supervisor to assure that any response or remedial action taken is suited to the circumstances, assess whether the matter can be handled without a detailed investigation, and ensure that the complaint is resolved as expeditiously as possible. The EEO/AA Officer is also available to provide guidance to Judiciary managers and supervisors on EEO/AA related matters. WHEN TO CONTACT THE WORKPLACE VIOLENCE LIAISON Workplace violence is: Any physical force used to threaten, injure, or damage; Any harassment or threats communicated in person, by letters, or telephone, or through any electronic medium; Act may be verbal, non-verbal, or physical behavior that is threatening, intimidating, and harassing; May include property damage. The workplace for purposes of workplace violence is: The physical area of operations including buildings, grounds, and parking facilities provided for any Judiciary activity; Any field location or site at which a Judiciary employee is engaged in work activity; Includes travel between sites; Includes Judiciary programs occurring during or after normal workday hours. As a manager or supervisor, if you become aware of any acts of workplace violence you should inform the local Workplace Violence Liaison and complete a Security Incident Report Form. When deemed necessary, the Appointing Authority will designate an investigator to make recommendations regarding the handling of a particular incident. 22