Bill Text: NJ S1375 | 2014-2015 | Regular Session | Amended
Bill Title: Modifies laws regarding compensation and leaves of absence for certain public employees who served in the military; requires public employers to follow certain policies and procedures for leaves of absence.*
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-07 - Referred to Senate Budget and Appropriations Committee [S1375 Detail]
Download: New_Jersey-2014-S1375-Amended.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
SYNOPSIS
Modifies laws regarding compensation and leaves of absence for certain public employees who served in the military; requires public employers follow certain policies and procedures for leaves of absence.
CURRENT VERSION OF TEXT
As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee on May 7, 2015, with amendments.
An Act concerning compensation 1[,] and1 leaves of absence 1[, and termination of] for1 certain active and retired members of the military who are public employees, and amending various sections of the statutory law and supplementing Title 38 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. R.S.38:16-1 is amended to read as follows:
38:16-1. No person now holding any employment, position or office under the government of this State, or the government of any county or municipality, including any person employed by a school board or board of education, or who may hereafter be appointed to any such employment, office or position, whose term of employment, office or position is not now fixed by law, and receiving a salary from such State, county or municipality, including any person employed by a school board or board of education, who has served as a soldier, sailor, marine or nurse, in any war of the United States, or in the New Jersey State militia during the period of the World War, or who served as a member of the American Merchant Marine during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits, and has been honorably discharged from the service of the United States or from such militia, or from such merchant marine service, prior to or during such employment in or occupancy of such position or office, shall be removed from such employment, position or office, except for good cause shown after a fair and impartial hearing, but such person shall hold his employment, position or office during good behavior, and shall not be removed for political reasons.
If the person is suspended from the performance of duties prior to the hearing and if the person has not been formally charged with a criminal offense, the person shall receive, during the period of suspension, the compensation and benefits to which the person is entitled.
For the purposes of this section no term of office, position or employment of any person shall be deemed to be fixed by law or coterminous with that of the employing or appointing board or body by reason of the fact that such person was or is appointed or employed by a noncontinuous board or body; provided, however, that in no event is it intended that this act shall apply to appointments made for a fixed or stated period of time.
(cf: P.L.1991, c.389, s.9)]1
1[2. Section 1 of P.L.1944, c.249 (C.38:16-4) is amended to read as follows:
1. No person now holding any employment, position or office under a commission, elected or appointed by the governing bodies of two or more municipalities, which, by legislative authority, have entered into an agreement for the election or appointment of such commission, whose term of employment, office or position is not now fixed by law, who has served as a soldier, sailor, marine or nurse, in any war of the United States, or who served as a member of the American Merchant Marine during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits, and has been honorably discharged from the service of the United States, prior to such employment in or occupancy of such position or office, shall be removed from such employment, position or office, except for good cause shown after a fair and impartial hearing, but such person shall hold his employment, position or office during good behavior, and shall not be removed for political reasons.
If the person is suspended from the performance of duties prior to the hearing and if the person has not been formally charged with a criminal offense, the person shall receive, during the period of suspension, the compensation and benefits to which the person is entitled.
For the purposes of this section no term of office, position or employment of any person shall be deemed to be fixed by law or coterminous with that of the employing or appointing board or body by reason of the fact that such person was or is appointed or employed by a noncontinuous board or body.
(cf: P.L.1991, c.389, s.10)]1
1[3.] 1.1 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, 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, and the officer or employee shall be entitled to pay as provided in an applicable collective negotiations agreement in effect at the time of the leave of absence. If an applicable collective negotiations agreement is not in effect or does not address this matter or a person is not covered by a collective negotiations agreement, the officer or employee shall be entitled to pay as the public employer may, at its sole discretion, provide.
An officer or employee entitled to a leave of absence also shall be entitled, during the period of the leave of absence, to payment by the public employer, on behalf of the officer or employee, of any contribution required of the officer or employee to a retirement system or program and to a health care benefits plan or program, in addition to any contribution or payment required of the public employer.
The leave of absence to which an officer or employee is entitled shall include:
leave for one travel day to the active duty location if the officer or employee resides 50 or more miles from the location of duty and checks in to lodgings at or near the duty location for the purpose of resting prior to undertaking the military service obligation; and
leave, prior to undertaking the military service obligation, of five days if the length of service will be 30 to 180 days, and of ten days if the length of service will be 181 days or more.
For the purposes of this section:
"Federal active duty" means:
the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority, including active duty, active duty for training, initial active duty for training, and inactive duty training;
service on a full time basis in the National Guard;
time for medical appointments and consultations, surgery, counseling for post traumatic stress disorder, recuperation, rehabilitation, and recovery from an injury sustained or aggravated as a result of military service; and
time for an examination to determine fitness for performing funeral honors duty as authorized by 10 U.S.C. s.12503 or 32 U.S.C. s.115.
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)
1[4. R.S.38:23-3 is amended to read as follows:
38:23-3. Any officer, department, institution, committee, commission or other body of the state or any subdivision or municipality thereof, may pay in his or its discretion the whole or a part of the salaries or compensation of their employees or attaches during the time they are engaged in a branch of the military or naval service of the national government or of this state.
[No greater portion of the salary or compensation of a commissioned officer as an employee of a department of the state or municipal government shall be paid to him under this section than will, when added to his salary as such commissioned officer, equal the amount paid to him by the state or municipal department before entering the military or naval service.]
(cf: R.S.38:23-3)]1
1[5.] 2.1 Section 1 of P.L.1951, c.18 (C.38:23-4.1) is amended to read as follows:
1. As used in the act to which this act is a supplement, the term "emergency" shall include, but shall not be limited to, any period of time after June [twenty-third, one thousand nine hundred and fifty] 23, 1950, and prior to the termination, suspension or revocation of the proclamation of the existence of a national emergency issued by the President of the United States on December [sixteenth, one thousand nine hundred and fifty] 16, 1950, or termination of the existence of such national emergency by appropriate action of the President or Congress of the United States, and any period of time after September 11, 2001, and prior to the termination or suspension of the Global War on Terrorism as declared by the President of the United States.
(cf: P.L.1951, c.18, s.1)
1[6.] 3.1 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; 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, and the officer or employee shall be entitled to pay as provided in an applicable collective negotiations agreement in effect at the time of the leave of absence. If an applicable collective negotiations agreement is not in effect or does not address this matter or a person is not covered by a collective negotiations agreement, the officer or employee shall be entitled to pay as the public employer may, at its sole discretion, provide.
The leave of absence to which an officer or employee is entitled shall include leave for one travel day to the active duty location if the officer or employee resides 50 or more miles from the location of duty and checks in to lodging at or near the duty location for the purpose of resting prior to undertaking the military service obligation.
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. If the officer or employer is not entitled to pay during a leave of absence, the officer or employee may elect to use accrued vacation or other paid leave during the leave of absence. The public employer shall not require that officer or employee to use vacation or other accrued paid leave during the leave of absence.
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)
1[7.] 4.1 (New section) a. The State and each political subdivision of the State shall prepare and maintain written policies and procedures to be followed with regard to leaves of absence by officers and employees who are members of the Armed Forces of the United States and the reserve components thereof, including the National Guard. The policies and procedures shall address all matters regarding leaves of absence pursuant to R.S.38:23-1, R.S.38:23-4, N.J.S.38A:4-4, and any other statute regarding leaves of absence, compensation, and benefits of such officers and employees. The policies and procedures shall specify, among other matters, documentation requirements.
The policies and procedures shall be applied in a uniform and fair manner.
b. Notice of any changes to the policies and procedures shall be given promptly to all affected officers and employees and training shall be provided to ensure proper implementation of the polices and administration of the procedures.
c. Notwithstanding any other provision of a law, rule, or regulation to the contrary, upon receipt of a request for a leave of absence by an officer or employee, the public employer shall inform an officer or employee in writing, within 90 days after the receipt, of any issues or matters regarding the leave request. If the employer does not notify the officer or employee within this time period, the employer shall be permanently barred from raising any such issue or matter, or charging the officer or employee with an administrative violation.
d. The receipt of required documentation submitted by an officer or employee shall be acknowledged in writing by the public employer.
e. A public employer shall provide a full accounting to the officer or employee of all matters regarding pay within a reasonable period of time and in a reasonable manner.
f. All records for each officer and employee shall be maintained by the public employer for a period of not less than 10 years.
g. No provision of this section nor any amendatory provision of P.L. , c. (pending before the Legislature as this bill) shall alter any duty to negotiate leaves of absences for such officers or employees as otherwise required by law.
h. If in any action brought in a court of law by a public officer or employee a public employer is found to be in violation of this section or any other statute concerning the employment, compensation, or leave of absence of an officer or employee who served as a member of the United States Armed Forces or the National Guard, the court shall award to the officer or employee reasonable attorney's fees and other fees and costs.
1[8.] 5.1 This act shall take effect immediately.
