N.J. Admin. Code § 10A:13-4.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:13-4.2 - Inmates absent, not available or unable to report to their job assignments

(a) Inmates who do not report to their job shall not be paid except as established in (b)-(e) below.

(b) An inmate who sustains a verifiable job related injury while on duty at their correctional facility job assignment may be determined to be incapacitated for work. Such a determination shall be made by appropriate medical staff. An inmate determined to be incapacitated due to a job related injury shall continue to receive his or her last assigned wage and, if appropriate, work time credits until the inmate is determined to be ready to return to work by appropriate medical staff.

(c) An inmate who sustains non-job related injuries may be determined to be incapacitated for work. Such a determination shall be made by appropriate medical staff. An inmate determined to be incapacitated due to a non-job related injury shall not receive his or her last assigned wage and, if appropriate, work time credits until the inmate is determined to be ready to return to work by appropriate medical staff. The inmate may be placed into medical non-work status and in this case, the inmate may receive the associated wage and, if appropriate work time credits.

(d) For a period of time during which an inmate or an inmate detail is unable to report to work as a result of an issue or incident that is beyond their control, such as, but not limited to, weather-related conditions, staff or equipment unavailability or when reduced activities or a lockdown has been declared, the Administrator or designee shall determine whether or not the inmate or inmate detail shall receive wages and, if appropriate, work time credits for the period of time. The Administrator or designee may refer the matter to the Assistant Commissioner, Division of Operations or designee when deemed necessary.

(e) Inmates not available for work for a period of time due to a finding of guilt to a disciplinary charge resulting in sanctions imposed by the Disciplinary Hearing Officer or Adjustment Committee, shall not receive wages or, if appropriate, work time credits for that period of time (see 10A:9-5.2 ). Inmates shall be paid wages and, if appropriate, receive work time credits for the day(s) missed from work in those cases where the inmate is withheld from work pending a disciplinary hearing adjudication that results in a not guilty decision.

N.J. Admin. Code § 10A:13-4.2

Amended by R.2009 d.383, effective 12/21/2009 (operative February 1, 2010).
See: 41 N.J.R. 3192(a), 41 N.J.R. 4816(b).
In the last sentence of (c), deleted "be assigned to a Level V job and shall then" preceding "receive"; and in (e), inserted "(see N.J.A.C. 10A:9-5.2)".