Bill Text: NJ S1843 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits unused vacation and sick leave by public employee to be carried forward for one year only; requires unused administrative leave to be cancelled.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-05-10 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1843 Detail]
Download: New_Jersey-2010-S1843-Introduced.html
Sponsored by:
Senator JOSEPH M. KYRILLOS, JR.
District 13 (Middlesex and Monmouth)
SYNOPSIS
Permits unused vacation and sick leave by public employee to be carried forward for one year only; requires unused administrative leave to be cancelled.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the accumulation of unused vacation, sick and administrative leave available to public employees, amending various parts of the statutory law and supplementing Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.11A:6-5 is amended to read as follows:
11A:6-5. Sick leave. Full-time State and political subdivision employees shall receive a sick leave credit of no less than one working day for each completed month of service during the remainder of the first calendar year of service and 15 working days in every year thereafter. [Unused sick] Sick leave credit received by an employee prior to January 1, 2011 but not used shall accumulate without limit. Sick leave credit received by an employee in any year beginning January 1, 2011 but not used at the end of the year shall be carried forward to be used for additional sick leave as needed during the next succeeding year only and if not used in the succeeding year, shall be cancelled.
(cf: N.J.S.11A:6-5)
2. N.J.S.11A:6-6 is amended to read as follows:
11A:6-6. a. State administrative leave. Administrative leave for personal reasons including religious observances for full-time State employees or those employees of Rutgers, The State University, New Jersey Institute of Technology and the University of Medicine and Dentistry of New Jersey who perform services similar to those performed by employees of the New Jersey State colleges who are in the career service shall be three working days per calendar year. Administrative leave shall not be cumulative and any administrative leave unused by an employee at the end of any year shall be cancelled.
b. Political subdivision administrative leave. Any administrative leave for personal reasons, including religious observances, unused by an employee of a political subdivision at the end of any year beginning January 1, 2011 shall not be cumulative and shall be cancelled. The provision of this subsection shall not apply to the number of days of administrative leave unused and accumulated prior to January 1, 2011, the retention and use of which shall be determined by the employer.
(cf: N.J.S.11A:6-6)
3. N.J.S.18A:30-3 is amended to read as follows:
18A:30-3. If any such person requires in any school year prior to the 2011-2012 school year less than the specified number of days of sick leave with pay allowed, all days of such minimum sick leave not utilized that year shall be accumulative to be used for additional sick leave as needed in subsequent years.
If any such person requires in any school year beginning with the 2008-2009 school year less than the specified number of days of sick leave with pay allowed, all days of such minimum sick leave not utilized shall be accumulative to be used for additional sick leave as needed in the next succeeding year only and if not used in the succeeding year, shall be cancelled.
(cf: N.J.S.18A:30-3)
4. N.J.S.18A:30-7 is amended to read as follows:
18A:30-7. a. Nothing in this chapter shall affect the right of the board of education to fix either by rule or by individual consideration, the payment of salary in cases of absence not constituting sick leave, or to grant sick leave over and above the minimum sick leave as defined in this chapter or allowing days to accumulate over and above those provided for in [section] N.J.S.18A:30-2 within the limits of N.J.S.18A:30-3, except that no person shall be allowed to increase his total accumulation by more than 15 days in any one year.
b. If an employee uses in any school year beginning with the 2011-2012 school year less than the specified number of days of administrative or personal leave allowed for that year, all days of such administrative or personal leave not used at the end of the year shall be cancelled. The provision of this subsection shall not apply to the number of days of administrative or personal leave unused and accumulated prior to the 2008-2009 school year, the retention and use of which shall be determined by the employer.
(cf: N.J.S.18A:30-7)
5. (New section) In the case of a local government unit or agency thereof that has not adopted the provisions of Title 11A of the New Jersey Statutes:
a. If an employee uses in any year beginning January 1, 2011 less than the specified number of days of vacation leave or sick leave allowed for that year, all days of such vacation or sick leave not used at the end of the year may, if permitted to accumulate by the employer, be used for additional vacation leave as needed during the next succeeding year only and if not used in the succeeding year, shall be cancelled. The provision of this subsection shall not apply to the number of days of vacation or sick leave unused and accumulated prior to January 1, 2011, the retention and use of which shall be determined by the employer.
b. If an employee uses in any year beginning January 1, 2011 less than the specified number of days of administrative or personal leave allowed for that year for personal reasons, including religious observances, all days of such administrative or personal leave not used at the end of the year shall be cancelled. The provision of this subsection shall not apply to the number of days of administrative or personal leave unused and accumulated prior to January 1, 2011, the retention and use of which shall be determined by the employer.
6. This act shall take effect immediately, except that it shall not be construed to impair the obligation of a collective negotiations agreement or individual contract of employment in effect on the effective date.
STATEMENT
This bill provides that, beginning January 1, 2011 or the 2011-2012 school year as appropriate, vacation and sick leave not used by an employee of the State, a local government entity, or a board of education may be carried forward only to the next succeeding year and if not used in the succeeding year, will be cancelled. Administrative leave not used by such an employee in a year will not be carried forward and will be cancelled.
The bill does not affect unused vacation, sick or administrative leave that accumulated prior to January 1, 2012, the retention and accumulation of which would continue to be governed as provided by current law or the determination of the employer.
