Bill Text: NJ A239 | 2024-2025 | Regular Session | Introduced
Bill Title: Specifies conditions under which State, county, municipality, independent authority, school district, or higher education institution can grant unpaid or paid leave of absence to public employee to perform work for labor organization.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly State and Local Government Committee [A239 Detail]
Download: New_Jersey-2024-A239-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Specifies conditions under which State, county, municipality, independent authority, school district, or higher education institution can grant unpaid or paid leave of absence to public employee to perform work for labor organization.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning unpaid and paid leaves of absence for public employees who perform work for a labor organization and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.11A:6-12 is amended to read as follows:
11A:6-12. Leaves of absence for elected and appointed union officials. [An appointing authority may grant an unpaid leave of absence to any employee elected or appointed as an officer or representative of a local, county or State labor organization which represents, or is affiliated with a local, county or State labor organization which represents, public employees.
An appointing authority may grant a paid leave of absence to any such employee, (1) provided the employer is reimbursed in advance for compensation and benefit costs including retirement system contributions and health benefit premiums or periodic charges paid during the period of absence, or (2) in accordance with the terms of a collective bargaining agreement.
The maximum period for such paid and unpaid leaves shall be a subject of negotiation between the employer and union.]
a. An appointing authority as a public employer may grant an unpaid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such an unpaid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum names the public employee or describes the public employee who is eligible for the unpaid leave of absence and specifies the commencement date and termination date of the leave of absence.
b. An appointing authority as a public employer may grant a paid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such a paid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum:
(1) names the public employee or describes the public employee who is eligible for the paid leave absence;
(2) specifies the commencement date and termination date of the leave of absence; and
(3) requires the labor organization to reimburse the employer in advance, on a schedule provided in the agreement or addendum, for payments to be made by the employer to the employee or on behalf of that employee for compensation and benefits.
The amount of the reimbursement required by this subsection shall be the amount paid by the employer to the employee for salary, wages, allowances, bonuses, longevity pay, reimbursements, or other supplemental compensation, the amount paid by the employer on behalf of the employee for benefits including for health care benefits coverage and for contributions to any retirement program or plan, and the amount paid by the employer on behalf of the employee for any taxes, fees, dues, or other payments including those required by State or federal law or a collective bargaining agreement or addendum to such an agreement.
c. A public employee shall not commence an unpaid or paid leave of absence in accordance with subsection a. or b. of this section until the employer has notified, in writing, the Division of Pensions and Benefits in the Department of the Treasury and the Civil Service Commission, and if the employer is a political subdivision of the State, or an agency, authority or instrumentality thereof, the Department of Community Affairs, of the name of the public employee, the commencement date and termination date of the leave of absence, and whether the employee will be on an unpaid or paid leave of absence. The employer shall promptly provide the division, commission, and department with such additional information as may be requested. The employer shall notify the division, commission, and department when a public employee's unpaid or paid leave of absence has been terminated, with the notification to occur no later than three business days following the termination date.
The maximum period for such paid and unpaid leaves of absence shall be a subject of negotiation between the employer and labor organization.
d. (1) A public employer shall maintain a single file that contains: the name, title, and position of each public employee who is on an unpaid or paid leave of absence in accordance with subsection a. or b. of this section; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of the reimbursement required under subsection b. of this section; and proofs of the notifications required under subsection c. of this section.
The information in this file shall be available to the public for inspection, copying, and examination as a government record pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.).
Each collective negotiations agreement and any addendum to such an agreement that contains a provision relevant to an unpaid or paid leave of absence provided for in this section shall be filed with the New Jersey Public Employment Relations Commission in accordance with section 11 of P.L.1968, c.303 (C.34:13A-8.2).
Any reference to an addendum to a collective negotiations agreement in this section shall include any memorandum of agreement or sidebar agreement.
(2) The initial file shall be prepared and complete within 30 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The information in the file shall be transmitted to the Division of Pensions and Benefits in the Department of the Treasury and Civil Service Commission, and Department of Community Affairs if appropriate, within three business days of completion. An acknowledgement of receipt of the information shall be obtained from the division, commission, and department and that acknowledgement shall be included in the file.
For public employees who are on unpaid or paid leaves of absence on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the file shall contain: the name, title, and position of each such public employee; whether the leave is in accordance with the provisions of a collective negotiations agreement or an addendum to such an agreement; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of any reimbursement required; and proofs of the notifications that may have been made. If there is no collective negotiations agreement or an addendum to such an agreement that provides for, through specific language or general reference, an unpaid or paid leave of absence for an employee, a record in the file shall describe the circumstances and conditions under which the leave of absence was granted and whether it is an unpaid or paid leave of absence.
e. If on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) a public employee is on an unpaid or paid leave of absence that is not provided for, through specific language or a general reference, in a collective negotiations agreement or an addendum to such an agreement, the leave of absence for that public employee shall be terminated on the 120th day following that effective date unless the requirements for such an unpaid or paid leave of absence specified in subsections a., b., and c. of this section are met by the 120th day.
(cf: P.L.2005, c.368, s.1)
2. Section 2 of P.L.2005, c.368 (C.40A:9-7.3) is amended to read as follows:
2. [Any employee, except a policeman or firefighter, elected or appointed as an officer or representative of a local, county or State labor organization which represents, or is affiliated with a local, county or State labor organization which represents, public employees may be granted, by a county, municipality or agency thereof, an unpaid leave of absence.
A county, municipality or agency thereof may grant a paid leave of absence to any such employee, (1) provided the employer is reimbursed in advance for compensation and benefit costs including retirement system contributions and health benefit premiums or periodic charges paid during the period of absence, or (2) in accordance with the terms of a collective bargaining agreement.
The maximum period for such paid and unpaid leaves shall be a subject of negotiation between the employer and union.]
a. A public employer that is a political subdivision of the State, including an agency, authority, or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes may grant an unpaid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such an unpaid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum names the public employee or describes the public employee who is eligible for the unpaid leave of absence and specifies the commencement date and termination date of the leave of absence.
b. A public employer that is a political subdivision of the State, including an agency, authority, or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes may grant a paid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such a paid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum:
(1) names the public employee or describes the public employee who is eligible for the paid leave absence;
(2) specifies the commencement date and termination date of the leave of absence; and
(3) requires the labor organization to reimburse the employer in advance, on a schedule provided in the agreement or addendum, for payments to be made by the employer to the employee or on behalf of that employee for compensation and benefits.
The amount of the reimbursement required by this subsection shall be the amount paid by the employer to the employee for salary, wages, allowances, bonuses, longevity pay, reimbursements, or other supplemental compensation, the amount paid by the employer on behalf of the employee for benefits including for health care benefits coverage and for contributions to any retirement program or plan, and the amount paid by the employer on behalf of the employee for any taxes, fees, dues, or other payments including those required by State or federal law or a collective bargaining agreement or addendum to such an agreement.
c. A public employee shall not commence an unpaid or paid leave of absence in accordance with subsection a. or b. of this section until the employer has notified, in writing, the Division of Pensions and Benefits in the Department of the Treasury and the Department of Community Affairs of the name of the public employee, the commencement date and termination date of the leave of absence, and whether the employee will be on an unpaid or paid leave of absence. The employer shall promptly provide the division and department with such additional information as may be requested. The employer shall notify the division and department when a public employee's unpaid or paid leave of absence has been terminated, with the notification to occur no later than three business days following the termination date.
The maximum period for such paid and unpaid leaves of absence shall be a subject of negotiation between the employer and labor organization.
d. (1) A public employer shall maintain a single file that contains: the name, title, and position of each public employee who is on an unpaid or paid leave of absence in accordance with subsection a. or b. of this section; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of the reimbursement required under subsection b. of this section; and proofs of the notifications required under subsection c. of this section.
The information in this file shall be available to the public for inspection, copying, and examination as a government record pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.).
Each collective negotiations agreement and any addendum to such an agreement that contains a provision relevant to an unpaid or paid leave of absence provided for in this section shall be filed with the New Jersey Public Employment Relations Commission in accordance with section 11 of P.L.1968, c.303 (C.34:13A-8.2).
Any reference to an addendum to a collective negotiations agreement in this section shall include any memorandum of agreement or sidebar agreement.
(2) The initial file shall be prepared and complete within 30 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The information in the file shall be transmitted to the Division of Pensions and Benefits in the Department of the Treasury and Department of Community Affairs within three business days of completion. An acknowledgement of receipt of the information shall be obtained from the division and department and that acknowledgement shall be included in the file.
For public employees who are on unpaid or paid leaves of absence on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the file shall contain: the name, title, and position of each such public employee; whether the leave is in accordance with the provisions of a collective negotiations agreement or an addendum to such an agreement; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of any reimbursement required; and proofs of the notifications that may have been made. If there is no collective negotiations agreement or an addendum to such an agreement that provides for, through specific language or general reference, an unpaid or paid leave of absence for an employee, a record in the file shall describe the circumstances and conditions under which the leave of absence was granted and whether it is an unpaid or paid leave of absence.
e. If on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) a public employee is on an unpaid or paid leave of absence that is not provided for, through specific language or a general reference, in a collective negotiations agreement or an addendum to such an agreement, the leave of absence for that public employee shall be terminated on the 120th day following that effective date unless the requirements for such an unpaid or paid leave of absence specified in subsections a., b., and c. of this section are met by the 120th day.
(cf: P.L.2005, c.368, s.2)
3. (New section) a. A school district as a public employer may grant an unpaid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such an unpaid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum names the public employee or describes the public employee who is eligible for the unpaid leave of absence and specifies the commencement date and termination date of the leave of absence.
b. A school district as a public employer may grant a paid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such a paid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum:
(1) names the public employee or describes the public employee who is eligible for the paid leave absence;
(2) specifies the commencement date and termination date of the leave of absence; and
(3) requires the labor organization to reimburse the employer in advance, on a schedule provided in the agreement or addendum, for payments to be made by the employer to the employee or on behalf of that employee for compensation and benefits.
The amount of the reimbursement required by this subsection shall be the amount paid by the employer to the employee for salary, wages, allowances, bonuses, longevity pay, reimbursements, or other supplemental compensation, the amount paid by the employer on behalf of the employee for benefits including for health care benefits coverage and for contributions to any retirement program or plan, and the amount paid by the employer on behalf of the employee for any taxes, fees, dues, or other payments including those required by State or federal law or a collective bargaining agreement or addendum to such an agreement.
c. A public employee shall not commence an unpaid or paid leave of absence in accordance with subsection a. or b. of this section until the employer has notified, in writing, the Division of Pensions and Benefits in the Department of the Treasury and the Department of Education, and the Civil Service Commission if appropriate, of the name of the public employee, the commencement date and termination date of the leave of absence, and whether the employee will be on an unpaid or paid leave of absence. The employer shall promptly provide the division, department, and commission with such additional information as may be requested. The employer shall notify the division, department, and commission when a public employee's unpaid or paid leave of absence has been terminated, with the notification to occur no later than three business days following the termination date.
The maximum period for such paid and unpaid leaves of absence shall be a subject of negotiation between the employer and labor organization.
d. (1) A public employer shall maintain a single file that contains: the name, title, and position of each public employee who is on an unpaid or paid leave of absence in accordance with subsection a. or b. of this section; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of the reimbursement required under subsection b. of this section; and proofs of the notifications required under subsection c. of this section.
The information in this file shall be available to the public for inspection, copying, and examination as a government record pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.).
Each collective negotiations agreement and any addendum to such an agreement that contains a provision relevant to an unpaid or paid leave of absence provided for in this section shall be filed with the New Jersey Public Employment Relations Commission in accordance with section 11 of P.L.1968, c.303 (C.34:13A-8.2).
Any reference to an addendum to a collective negotiations agreement in this section shall include any memorandum of agreement or sidebar agreement.
(2) The initial file shall be prepared and complete within 30 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The information in the file shall be transmitted to the Division of Pensions and Benefits in the Department of the Treasury and the Department of Education, and the Civil Service Commission if appropriate, within three business days of completion. An acknowledgement of receipt of the information shall be obtained from the division, department, and commission and that acknowledgement shall be included in the file.
For public employees who are on unpaid or paid leaves of absence on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the file shall contain: the name, title, and position of each such public employee; whether the leave is in accordance with the provisions of a collective negotiations agreement or an addendum to such an agreement; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of any reimbursement required; and proofs of the notifications that may have been made. If there is no collective negotiations agreement or an addendum to such an agreement that provides for, through specific language or general reference, an unpaid or paid leave of absence for an employee, a record in the file shall describe the circumstances and conditions under which the leave of absence was granted and whether it is an unpaid or paid leave of absence.
e. If on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) a public employee is on an unpaid or paid leave of absence that is not provided for, through specific language or a general reference, in a collective negotiations agreement or an addendum to such an agreement, the leave of absence for that public employee shall be terminated on the 120th day following that effective date unless the requirements for such an unpaid or paid leave of absence specified in subsections a., b., and c. of this section are met by the 120th day.
4. (New section) a. A public employer that is an independent
State authority or a public institution of higher education of this State not otherwise covered by N.J.S.11A:6-12 may grant an unpaid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such an unpaid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum names the public employee or describes the public employee who is eligible for the unpaid leave of absence and specifies the commencement date and termination date of the leave of absence.
b. A public employer that is an independent State authority or a public institution of higher education of this State not otherwise covered by N.J.S.11A:6-12 may grant a paid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such a paid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum:
(1) names the public employee or describes the public employee who is eligible for the paid leave absence;
(2) specifies the commencement date and termination date of the leave of absence; and
(3) requires the labor organization to reimburse the employer in advance, on a schedule provided in the agreement or addendum, for payments to be made by the employer to the employee or on behalf of that employee for compensation and benefits.
The amount of the reimbursement required by this subsection shall be the amount paid by the employer to the employee for salary, wages, allowances, bonuses, longevity pay, reimbursements, or other supplemental compensation, the amount paid by the employer on behalf of the employee for benefits including for health care benefits coverage and for contributions to any retirement program or plan, and the amount paid by the employer on behalf of the employee for any taxes, fees, dues, or other payments including those required by State or federal law or a collective bargaining agreement or addendum to such an agreement.
c. A public employee shall not commence an unpaid or paid leave of absence in accordance with subsection a. or b. of this section until the employer has notified, in writing, the Division of Pensions and Benefits in the Department of the Treasury of the name of the public employee, the commencement date and termination date of the leave of absence, and whether the employee will be on an unpaid or paid leave of absence. The employer shall promptly provide the division with such additional information as may be requested. The employer shall notify the division when a public employee's unpaid or paid leave of absence has been terminated, with the notification to occur no later than three business days following the termination date.
The maximum period for such paid and unpaid leaves of absence shall be a subject of negotiation between the employer and labor organization.
d. (1) A public employer shall maintain a single file that contains: the name, title, and position of each public employee who is on an unpaid or paid leave of absence in accordance with subsection a. or b. of this section; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of the reimbursement required under subsection b. of this section; and proofs of the notifications required under subsection c. of this section.
The information in this file shall be available to the public for inspection, copying, and examination as a government record pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.).
Each collective negotiations agreement and any addendum to such an agreement that contains a provision relevant to an unpaid or paid leave of absence provided for in this section shall be filed with the New Jersey Public Employment Relations Commission in accordance with section 11 of P.L.1968, c.303 (C.34:13A-8.2).
Any reference to an addendum to a collective negotiations agreement in this section shall include any memorandum of agreement or sidebar agreement.
(2) The initial file shall be prepared and complete within 30 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The information in the file shall be transmitted to the Division of Pensions and Benefits in the Department of the Treasury within three business days of completion. An acknowledgement of receipt of the information shall be obtained from the division and that acknowledgement shall be included in the file.
For public employees who are on unpaid or paid leaves of absence on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the file shall contain: the name, title, and position of each such public employee; whether the leave is in accordance with the provisions of a collective negotiations agreement or an addendum to such an agreement; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of any reimbursement required; and proofs of the notifications that may have been made. If there is no collective negotiations agreement or an addendum to such an agreement that provides for, through specific language or general reference, an unpaid or paid leave of absence for an employee, a record in the file shall describe the circumstances and conditions under which the leave of absence was granted and whether it is an unpaid or paid leave of absence.
e. If on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) a public employee is on an unpaid or paid leave of absence that is not provided for, through specific language or a general reference, in a collective negotiations agreement or an addendum to such an agreement, the leave of absence for that public employee shall be terminated on the 120th day following that effective date unless the requirements for such an unpaid or paid leave of absence specified in subsections a., b., and c. of this section are met by the 120th day.
f. A used in this section, "independent State authority" means a public authority, board, commission, corporation, or other agency or instrumentality of the State allocated, in but not of, a principal department of State government pursuant to Article V, Section IV, paragraph 1 of the New Jersey Constitution, or which is not subject to supervision or control by the department in which it is allocated; and "public institution of higher education" means any public university or college, including Rutgers University, The State University, New Jersey Institute of Technology and the University of Medicine and Dentistry of New Jersey.
5. Section 11 of P.L.1968, c.303 (C.34:13A-8.2) is amended to read as follows:
11. The commission shall collect and maintain a current file of filed contracts in public employment. Public employers shall file with the commission a copy of any contracts, and addenda, memoranda of agreement, or sidebar agreements to such contracts, it has negotiated with public employee representatives following the consummation of negotiations.
(cf: P.L.1968, c.303, s.11)
6. This act shall take effect immediately.
STATEMENT
This bill implements the recommendations of the State Commission of Investigation as set forth in its report of May 2012 entitled "Union Work Public Pay: The Taxpayer Cost of Compensation and Benefits for Public-Employee Union Leave." The provisions of this bill apply to the State, counties, municipalities, school districts, independent authorities, and institutions of higher education as public employers.
This bill authorizes a public employer to grant an unpaid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such an unpaid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum names the public employee or describes the public employee who is eligible for the unpaid leave of absence and specifies the commencement date and termination date of the leave of absence.
The public employer may also grant a paid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such a paid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum:
(1) names the public employee or describes the public employee who is eligible for the paid leave absence;
(2) specifies the commencement date and termination date of the leave of absence; and
(3) requires the labor organization to reimburse the employer in advance, on a schedule provided in the agreement or addendum, for payments to be made by the employer to the employee or on behalf of that employee for compensation and benefits.
The amount of the reimbursement required must include the amount paid by the employer to the employee for salary, wages, allowances, bonuses, longevity pay, reimbursements, or other supplemental compensation, the amount paid by the employer on behalf of the employee for benefits including for health care benefits coverage and for contributions to any retirement program or plan, and the amount paid by the employer on behalf of the employee for any taxes, fees, dues, or other payments including those required by State or federal law or a collective bargaining agreement or addendum to such an agreement.
A public employee would not commence an unpaid or paid leave of absence until the employer has notified, in writing, the Division of Pensions and Benefits in the Department of the Treasury, and when appropriate the Department of Community Affairs, the Civil Service Commission, and the Department of Education, of the name of the public employee, the commencement date and termination date of the leave of absence, and whether the employee will be on an unpaid or paid leave of absence. The employer must notify the division when a public employee's unpaid or paid leave of absence has been terminated, with the notification to occur no later than three business days following the termination date.
The maximum period for such paid and unpaid leaves of absence would be a subject of negotiation between the employer and labor organization.
The bill requires a public employer to maintain a single file that contains: the name, title, and position of each public employee who is on an unpaid or paid leave of absence; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of the reimbursement required; and proofs of the notifications required.
The information in this file must be available to the public for inspection, copying, and examination as a government record.
Each collective negotiations agreement and any addendum to such an agreement that contains a provision relevant to an unpaid or paid leave of absence provided for in this section must be filed with the New Jersey Public Employment Relations Commission.
The initial file must be prepared and complete within 30 days after the bill's effective date and transmitted to the appropriate State agency.
For public employees who are on unpaid or paid leaves of absence on the bill's effective date, the file must contain: the name, title, and position of each such public employee; whether the leave is in accordance with the provisions of a collective negotiations agreement or an addendum to such an agreement; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of any reimbursement required; and proofs of the notifications that may have been made. If there is no collective negotiations agreement or an addendum to such an agreement that provides for, through specific language or general reference, an unpaid or paid leave of absence for an employee, a record in the file must describe the circumstances and conditions under which the leave of absence was granted and whether it is an unpaid or paid leave of absence.
If on the bill's effective date a public employee is on an unpaid or paid leave of absence that is not provided for, through specific language or a general reference, in a collective negotiations agreement or an addendum to such an agreement, the leave of absence for that public employee will be terminated on the 120th day following that effective date unless the requirements for such an unpaid or paid leave of absence specified in the bill are met by the 120th day.
