N.J. Admin. Code § 4A:6-1.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 4A:6-1.11 - Military leave

(a) For purposes of this section, a "permanent employee" shall mean:

1. In the career service, an employee who:

i. Has achieved permanent status in accordance with 4A:4-1.1;

ii. Is serving a working test period and has permanent status in another title; or

iii. Is serving a provisional appointment and has permanent status in another title.

2. In the unclassified or senior executive service, an employee appointed for an indefinite term.

(b) Regarding military service for members of New Jersey's Organized Militia, including the National Guard:

1. A permanent employee or a full-time, temporary employee who has served for one year or more, who is a member of the national guard or other component of the organized militia of the State of New Jersey, shall be entitled to a leave of absence with pay not to exceed 90 work days in the aggregate in any one calendar year for any period of Federal active duty, and unlimited paid leave in the case of State active duty. Active duty shall not include inactive duty training such as weekend drills. See 38A:4-4. The Adjutant General of the New Jersey Department of Military and Veterans Affairs shall determine the definition of Federal and State active duty. See 5A:2-2.1. An appointing authority may not unilaterally reschedule an employee's work time to avoid conflict with military leave. However, an appointing authority and an employee may mutually agree to reschedule an employee's work time to accommodate the employee's military leave.

(c) Regarding military service for reservists other than New Jersey National Guard members:

1. A permanent employee or a full-time, temporary employee who has served for one year or more, who is a member of the organized reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or other affiliated organizations, including national guard units of other states, shall be entitled to a leave of absence with pay not in excess of 30 work days in the aggregate in a calendar year when he or she shall be engaged in any period of Federal active duty. Federal active duty shall not include inactive duty training such as weekend drills. See 38:23-1. An appointing authority may not unilaterally reschedule an employee's work time to avoid conflict with military leave. However, an appointing authority and an employee may mutually agree to reschedule an employee's work time to accommodate the employee's military leave.

(d) Regarding service and reemployment for all members of the military in time of war or emergency:

1. An employee in the career, senior executive or unclassified service, other than a person holding a position for a fixed term or period, who enters either Federal or State active military service in time of war or emergency, or for any period of training, or pursuant to any selective service system, shall be entitled to a leave of absence without pay for the period of such service and three months after discharge. However, if an employee is incapacitated by wound or illness at the time of discharge, such leave shall be extended until three months from recovery but in no event more than two years from date of discharge.

2. No entitlements under this section shall be granted if the separation from military service is by a dishonorable discharge. See 38:23-4.

3. For Federal reemployment rights, see 38 U.S.C. §§ 4301 et seq.

4. To the extent that a member of New Jersey's organized militia, including the New Jersey National Guard, has not exhausted 90 days of paid leave in accordance with (b) above, or a reservist has not exhausted 30 days of paid leave in accordance with (c) above, the member or reservist shall be permitted paid leave in accordance with, as applicable, (b) or (c) above, and also shall be afforded the rights of military members in accordance with (d)1 through 3 above.

(e) An employee is entitled to a leave of absence without pay for such other military duty not covered by (b), (c) or (d) above.

1. At the discretion of the employee, vacation leave, administrative leave and other accrued compensation may be used for such absences.

(f) During any leave of absence pursuant to (b) through (e) above, the employee shall continue to accrue seniority and salary increments, if applicable, in his or her title, and any leave of absence granted to the employee shall be in addition to other time off allowed such employee.

(g) For military leave regulations promulgated by the New Jersey Department of Military and Veterans' Affairs, see N.J.A.C. 5A:2.

N.J. Admin. Code § 4A:6-1.11

Amended by R.1994 d.73, effective 2/7/1994.
See: 25 New Jersey Register 4824(a), 26 New Jersey Register 795(b).
Amended by R.2003 d.261, effective 7/7/2003.
See: 35 New Jersey Register 339(a), 35 New Jersey Register 2861(b).
Rewrote the section.
Amended by R.2005 d.20, effective 1/3/2005.
See: 36 New Jersey Register 4200(a), 37 New Jersey Register 46(a).
Rewrote the section.