Bill Text: NJ S3830 | 2018-2019 | Regular Session | Introduced
Bill Title: Permits use of paid leave by public officers and employees for required inactive duty military training.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-11-18 - Reported from Senate Committee, 2nd Reading [S3830 Detail]
Download: New_Jersey-2018-S3830-Introduced.html
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Permits use of paid leave by public officers and employees for required inactive duty military training.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning paid leaves of absence for certain members of the United States Reserves and National Guard and amending R.S.38:23-1 and N.J.S.38A:4-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.38:23-1 is amended to read as follows:
38:23-1. a. A permanent or full-time temporary officer or employee of the State or of a board, commission, authority or other instrumentality of the State, or of a county, school district or municipality, who is a member of the organized reserve of the Army of the United States, United States Naval Reserve, United States Air Force Reserve or United States Marine Corps Reserve, or other organization affiliated therewith, including the National Guard of other states, shall be entitled, in addition to pay received, if any, as a member of a reserve component of the Armed Forces of the United States, to leave of absence from his or her respective duty without loss of pay or time on all work days on which he or she shall be engaged in any period of Federal active duty[,] or any period of required inactive duty training or other regularly scheduled required training; provided, however, that such leaves of absence shall not exceed 30 work days in any calendar year. Such leave of absence shall be in addition to the regular vacation or other accrued leave allowed such officer or employee. Any leave of absence for such duty in excess of 30 work days shall be without pay but without loss of time.
b. Notwithstanding subsection a. of this section, a full-time temporary officer or employee who has served under such temporary appointment for less than one year shall receive for the service hereinabove described leave without pay but without loss of time.
(cf: P.L.2001, c.351, s.1)
2. N.J.S.38A:4-4 is amended to read as follows:
38A:4-4. a. A permanent or
full-time temporary officer or employee of the State or of a board, commission,
authority or other instrumentality of the State or of a county, school district
or municipality who is a member of the organized militia shall be entitled, in
addition to pay received, if any, as a member of the organized militia, to
leave of absence from his or her respective duties without loss of pay or time
on all days during which he or she shall be engaged in any period of State or
Federal active duty or any period of required inactive duty training or
other regularly scheduled required training; provided, however, that the
leaves of
absence for Federal active duty or active duty for training shall not exceed 90 work days in the aggregate in any calendar year. Any leave of absence for such duty in excess of 90 work days shall be without pay but without loss of time.
b. Leave of absence for such military duty shall be in addition to the regular vacation or other accrued leave allowed such officers and employees by the State, county or municipal law, ordinance, resolution, or regulation.
c. Notwithstanding subsection a. of this section, a full-time temporary officer or employee who has served under such temporary appointment for less than one year shall receive for the service hereinabove described leave without pay but without loss of time.
(cf: P.L.2001, c.351, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill revises the law regarding paid leaves of absence for public officers and employees in the performance of certain service as a member of the organized State militia, which consists of the New Jersey Air and Army National Guard, Naval Militia, and State Guard, or the reserve components of the Armed Forces of the United States, which includes the National Guard of other states. This benefit is commonly known as military leave. The bill permits public officers and employees in the State militia to use paid military leave for any required inactive duty training or other regularly scheduled required training.
Currently, an officer or employee of a State agency, county, school district, or municipality who is a member of a reserve component of the Armed Forces of the United States is entitled under N.J.S.A.38:23-1 to 30 work days per calendar year on military leave granted for any period of federal active duty. Under N.J.S.38A:4-4, officers or employees who are members of the National Guard, or other component of the organized militia, of New Jersey are entitled to military leave for State or federal active duty of up to 90 work days per calendar year. While the New Jersey National Guard is also a reserve component of the Armed Forces of the United States, members of the New Jersey National Guard are entitled under N.J.S.A.38A:4-4 to enhanced military leave benefits due to the vital State responsibilities in New Jersey assumed by the New Jersey National Guard in addition to its federal responsibilities.
This bill would entitle public officers and employees to use paid leave within the current limits for any period of required inactive duty training or other regularly scheduled required training.
