[First Reprint]

ASSEMBLY, No. 3230

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED MAY 22, 2014

 


 

Sponsored by:

Assemblyman  GILBERT "WHIP" L. WILSON

District 5 (Camden and Gloucester)

Assemblywoman  CLEOPATRA G. TUCKER

District 28 (Essex)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblywoman  NANCY J. PINKIN

District 18 (Middlesex)

Assemblyman  JOE DANIELSEN

District 17 (Middlesex and Somerset)

 

Co-Sponsored by:

Assemblywomen Muoio and Rodriguez-Gregg

 

 

 

 

SYNOPSIS

     Expands military leave benefits for certain public officers and employees subject to proof of service.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Appropriations Committee on March 16, 2015, with amendments.

   


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.

     1c.   The public employer shall require an officer or employee to submit to the employer before the leave of absence commences any proof that is available of the purpose for the leave of absence.  A public employer shall require an officer or employee to submit to the employer sufficient proof of the actual performance of the Federal active duty or inactive duty training upon return from the leave of absence.  Each public employer shall consult with the Department of Military and Veterans’ Affairs to determine the type of proof of Federal active duty and inactive duty training that will be deemed sufficient proof of the actual performance of the duty.  A leave of absence without loss of pay or loss of time, or both, under this section shall be conditioned on the timely submission to the public employer of the proofs required.1

(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.

      1d.   The public employer shall require an officer or employee to submit to the employer before the leave of absence commences any proof that is available of the purpose for the leave of absence.  A public employer shall require an officer or employee to submit to the employer sufficient proof of the actual performance of the State or Federal active duty or inactive duty training upon return from the leave of absence.  Each public employer shall consult with the Department of Military and Veterans’ Affairs to determine the type of proof of State or Federal active duty and inactive duty training that will be deemed sufficient proof of the actual performance of the duty.  A leave of absence without loss of pay or loss of time, or both, under this section shall be conditioned on the timely submission to the public employer of the proofs required.1

(cf:  P.L.2001, c.351, s.3)

 

     3.    This act shall take effect immediately.