N.J. Admin. Code § 4A:4-7.6

Current through Register Vol. 56, No. 12, June 17, 2024

Section 4A:4-7.6 - Lateral title change

(a) A lateral title change is the movement of a permanent employee from his or her permanent title to an equivalent title within the same organizational unit. Such procedures are also applicable to certain transfers under 4A:4-7.1.

1. In State service, a lateral title change may only be made if the titles are assigned the same class code.

2. Movement between variants of a title shall be considered a lateral title change.

3. In State service, a lateral title change from the noncompetitive to the competitive division is considered a promotion. See 4A:4-2.5(e).

(b) If the nature of the work, education, and experience requirements of both titles are substantially similar, the employee shall retain his or her permanent status. The determination whether both titles are substantially similar shall be in accordance with N.J.A.C. 4A:8-2.1(a).

1. The employee shall retain accumulated seniority or service for purposes of determining promotional, layoff, or demotional rights and sick and vacation entitlements.

2. In State service, the employees anniversary date, administrative leave entitlement, and rate of compensation on direct movement as adjusted for workweek, work year, and the employee relations grouping, shall be retained.

(c) If the nature of the work, education, and experience qualifications of both titles are dissimilar, then the employee shall be appointed pending examination, if the new title is in the competitive division, and satisfactory completion of the working test period. An employee who fails the examination or is released at the end of the working test period shall be restored to his or her permanent title, unless disqualified for further employment.

1. Examination procedures shall be waived, permanent status retained, and aggregate seniority granted, if the employee has previously held the title on a permanent basis during current continuous service. See 4A:8-2.4(e).

2. The employee shall retain accumulated service for purposes of determining sick and vacation leave entitlements.

3. In State service, the employees rate of compensation on direct movement as adjusted for workweek, work year, and employee relations grouping, anniversary date, and administrative leave entitlement shall be retained.

4. A lateral title change pending examination shall not be permitted when either a special reemployment or complete promotional list exists or when an appropriate representative of the Civil Service Commission has received a request to conduct a promotional examination.

(d) A lateral title change shall require the consent of the employee, the head of the organizational unit, and the approval of the Chairperson or designee, except when the title change results from changes in the Civil Service Commission Classification Plan, reclassification of the employee's position, or a pre-layoff action agreed to by affected negotiations representatives and approved by the Chairperson or designee.

N.J. Admin. Code § 4A:4-7.6

Amended by 46 N.J.R. 1331(c), effective 6/2/2014.

Amended by 49 N.J.R. 2239(a), effective 7/17/2017

Amended by 51 N.J.R. 1115(a), effective 7/1/2019