S2330

An Act concerning military leave 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 inactive duty training, provided, however, that such leaves of absence shall not exceed [30] 40 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] 40 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 inactive duty training; provided, however, that the leaves of absence for Federal active duty [or], active duty for training, or inactive duty 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 expands military leave benefits for public officers and employees who are members of the reserve components of the United States Armed Forces or the organized militia of this State or any other state, which includes the National Guard. In addition, the bill increases the number of work days per calendar year for which a member of a reserve component of the Armed Forces of the United States may receive military leave benefits while engaged in Federal active duty or inactive duty training.

Under current law, an officer or employee of the State, an instrumentality of the State, a county, a school district, or a municipality who is a member of a reserve component of the United States Armed Forces or the organized militia of this State or any other state is entitled to receive a leave of absence with pay for all work days, up to a certain limit, that he or she is engaged in active duty.

Under the provisions of this bill, military leave benefits would be expanded to allow these employees to receive a leave of absence with pay for all work days, within the limit provided under current law, that he or she is engaged in inactive duty training.

In addition, under current law, a member of a reserve component of the Armed Forces of the United States may receive military leave benefits for up to 30 work days per calendar year while engaged in Federal active duty. This bill increases the limit to 40 work days per calendar year while he or she is engaged in Federal active duty or inactive duty training.