Bill Text: NJ A2275 | 2012-2013 | Regular Session | Introduced
Bill Title: Converts four paid holidays to administrative leave days; provides State and local government offices remain open for business on those days.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-02 - Introduced, Referred to Assembly State Government Committee [A2275 Detail]
Download: New_Jersey-2012-A2275-Introduced.html
Sponsored by:
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
SYNOPSIS
Converts four paid holidays to administrative leave days; provides State and local government offices remain open for business on those days.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning paid holidays and administrative leave for State and local government employees 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:6-6 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] seven 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. Administrative leave for personal reasons including religious observances for full-time political subdivision employees shall be, at a minimum, four working days per calendar year. Administrative leave shall not be cumulative and any administrative leave unused by an employee at the end of any calendar year shall be canceled.
(cf: N.J.S.11A:6-6)
2. (New section) Any administrative leave for personal reasons, including religious observances, granted to any full-time employee of a county or municipality that has not adopted the provisions of Title 11A of the New Jersey Statutes (Civil Service) shall be, at a minimum, four working days per calendar year. Administrative leave, if granted, shall be proportional for part time employees. Administrative leave shall not be cumulative and any administrative leave unused by an employee at the end of any calendar year shall be canceled.
3. Section 25 of P.L.2008, c.89 (C.11A:6-24.1) is amended to read as follows:
25. a. Paid holidays granted to all State government employees each calendar year shall be limited to the following:
(1) January 1, known as New Year's Day;
(2) the third Monday in January, known as Martin Luther King's Birthday;
(3) [the third Monday in February, known as Washington's Birthday, which shall be known and celebrated as Presidents Day in this State;
(4) the day designated and known as Good Friday;
(5)] the last Monday in May, known as Memorial Day;
[(6)] (4) July 4, known as Independence Day;
[(7)] (5) the first Monday in September, known as Labor Day;
[(8) the second Monday in October, known as Columbus Day;
(9)] (6) November 11, known as Armistice Day or Veterans' Day;
[(10)] (7) the fourth Thursday in November, known as Thanksgiving Day; and
[(11)] (8) December 25, known as Christmas Day[; and
(12) any general election day in this State.
b. The provisions of this section shall not impair any collective bargaining agreement or contract in effect on the effective date of P.L.2008, c.89. The provision of this section shall take effect in the calendar year following the expiration of the collective bargaining agreements or contracts covering a majority of the Executive Branch employees in effect on the effective date of P.L.2008, c.89].
(cf: P.L.2008, c.89, s.25)
4. (New section) Paid holidays granted each calendar year to all employees of a county or municipality that has or has not adopted the provisions of Title 11A of the New Jersey Statutes (Civil Service) shall be limited to the following:
(1) January 1, known as New Year's Day;
(2) the third Monday in January, known as Martin Luther King's Birthday;
(3) February 12, known as Lincoln's Birthday;
(4) the last Monday in May, known as Memorial Day;
(5) July 4, known as Independence Day;
(6) the first Monday in September, known as Labor Day;
(7) November 11, known as Armistice Day or Veterans' Day;
(8) the fourth Thursday in November, known as Thanksgiving Day; and
(9) December 25, known as Christmas Day.
5. R.S.36:1-1 is amended to read as follows:
36:1-1. a. The following days in each year shall, for all purposes whatsoever as regards the presenting for payment or acceptance, and of the protesting and giving notice of dishonor, of bills of exchange, bank checks and promissory notes be treated and considered as the first day of the week, commonly called Sunday, and as public holidays, except as provided under subsection d. of this section: January 1, known as New Year's Day; the third Monday in January, known as Martin Luther King's Birthday; February 12, known as Lincoln's Birthday; the third Monday in February, known as Washington's Birthday; the day designated and known as Good Friday; the last Monday in May, known as Memorial Day; July 4, known as Independence Day; the first Monday in September, known as Labor Day; the second Monday in October, known as Columbus Day; November 11, known as Armistice Day or Veterans' Day; the fourth Thursday in November, known as Thanksgiving Day; December 25, known as Christmas Day; any general election day in this State; every Saturday; and any day heretofore or hereafter appointed, ordered or recommended by the Governor of this State, or the President of the United States, as a day of fasting and prayer, or other religious observance, or as a bank holiday or holidays. All such bills, checks and notes, otherwise presentable for acceptance or payment on any of the days herein enumerated, shall be deemed to be payable and be presentable for acceptance or payment on the secular or business day next succeeding any such holiday.
b. Whenever any of the days herein enumerated can and shall fall on a Sunday, the Monday next following shall, for any of the purposes herein enumerated be deemed a public holiday, except as provided under subsection d. of this section; and bills of exchange, checks and promissory notes which otherwise would be presentable for acceptance or payment on such Monday shall be deemed to be presentable for acceptance or payment on the secular or business day next succeeding such holiday.
c. In construing this section, every Saturday shall, until 12 o'clock noon, be deemed a secular or business day, except as is hereinbefore provided in regard to bills of exchange, bank checks and promissory notes, and the days herein enumerated except bank holidays and Saturdays shall be considered as the first day of the week, commonly called Sunday, and public holidays, for all purposes whatsoever as regards the transaction of business in the public offices of this State, or counties of this State, except as provided under subsection d. of this section; but on all other days or half days, except Sunday or as otherwise provided by law, such offices shall be kept open for the transaction of business.
d. (1) Notwithstanding the provisions of subsections a. through c. of this section, when the provisions of this subsection take effect, the following [day] days each calendar year shall not be considered [a] public [holiday] holidays for the purposes of conducting State government business:
(a) February 12, known as Lincoln's Birthday;
(b) the third Monday in February, known as Washington's Birthday;
(c) the day designated and known as Good Friday;
(d) the second Monday in October, known as Columbus Day; and
(e) any general election day in this State.
All public offices of State government in this State shall be open on [this day] these days for the transaction of business.
(2) Notwithstanding the provisions of subsections a. through c. of this section, when the provisions of this subsection take effect, the following days each calendar year shall not be considered public holidays for the purposes of conducting county and local government business:
(a) the third Monday in February, known as Washington's Birthday;
(b) the day designated and known as Good Friday;
(c) the second Monday in October, known as Columbus Day; and
(d) any general election day in this State.
All public offices of county and local government in this State shall be open on these days for the transaction of business.
(cf: P.L.2008, c.89, s.26)
6. The amendments made by P.L. , c. (pending before the Legislature as this bill) to N.J.S.11A:6-6, section 25 of P.L.2008, c.89 (C.11A:6-24.1), and R.S.36:1-1, and sections 2 and 4 of P.L. , c. (C. and C. ) (pending before the Legislature as this bill), shall not be deemed to impair any collective negotiations agreement or contract of employment in effect on the effective date of P.L. , c. (pending before the Legislature as this bill), and shall become operative for the State, a county, or a municipality in the calendar year following the expiration of the collective bargaining agreements or contracts covering the majority of the employees of the State, a county, or a municipality, as appropriate, in effect on that effective date.
7. This act shall take effect immediately.
STATEMENT
This bill reduces by four days the number of paid public holidays granted to State government employees each calendar year, and provides instead for four days to be granted as additional administrative leave days, for a total of seven administrative leave days per calendar year for State government employees. The bill establishes the four holidays as an administrative leave days requirement for all local government employees, other than board of education employees.
Pursuant to P.L.2008, c.89, the legal holiday known as Lincoln's Birthday was eliminated and merged with Washington's Birthday, as Presidents Day, for all State government employees. Under the bill, the holidays known as Washington's Birthday (or President's day in this State); Good Friday; Columbus Day; and any general election day would no longer be considered public holidays for the purposes of conducting State and local government business. On those days, State and local government offices are to remain open.
The bill provides that these changes to the State and local public employee holiday schedule would not impair any collective bargaining agreement or contract in effect on the effective date of the bill. These provisions would take effect for the State, a county, or a municipality following the expiration of the respective collective bargaining agreements covering the majority of employees of the State, a county, or a municipality, as appropriate.
