Toms River says it already complies with state sick leave policy after critical report

TOMS RIVER - Toms River's latest employee contracts do not allow workers to be paid for unused sick time, a change township officials have explained in response to a state comptroller report on retirement payouts.

The state report found that 57 of the 60 towns that were investigated had violated some part of the 2007 New Jersey reforms that  capped how much a town could pay out to employees upon retirement.

Toms River was cited for allowing employees to cash out accumulated sick time when they retired or changed jobs, and for giving workers payouts for unused sick days. Toms River had not made payments to employees that violated state law, according to the comptroller's report.

Other towns have paid out large amounts: former Neptune Police Chief James Hunt will receive a payout of $110,467 from the township following his May retirement. Hunt's payout includes $20,040 for unused vacation time, $80,216 for unused sick time and $6,210 in compensatory time.

Toms River Town Hall
Toms River Town Hall

A resolution adopted unanimously Wednesdsay by the Township Council noted that the state "took issue" with language in five of Toms River's old employment contracts that allowed annual sick leave payments for employees hired after 2010. Another contract allowed accrued sick time to be paid off at a time other than retirement.

But the resolution points out that the contracts also contained language noting that any provision in the agreement was subordinate to state law. Toms River also noted that since the comptroller's investigation, new contracts have been adopted that incorporate state restrictions on accrued sick time.

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Mayor Maurice B. "Mo" Hill Jr. said new employee agreements were negotiated to comply with all aspects of the state law, after he became mayor in 2020.

Toms River also has eliminated accumulated sick time payouts fo remployees hired after 2014. For longer-term employees, sick time accrued after Dec. 31, 2013, is not eligible for payment upon retirement, and other sick time is capped at the lesser of $15,000 or the amount accrued by that date.

Jean Mikle covers Toms River and several other Ocean County towns, and has been writing about local government and politics at the Jersey Shore for nearly 38 years. She's also passionate about the Shore's legendary music scene. Contact her: jmikle@gannettnj.com, @jeanmikle.

This article originally appeared on Asbury Park Press: NJ sick leave law: Toms River says complies with policy despite report