N.J. Admin. Code § 4A:6-1.3

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

Section 4A:6-1.3 - Sick leave

(a) Full-time State employees shall be entitled to annual paid sick leave as set forth in (a)1 and 2 below. Full-time local employees shall be entitled to a minimum of annual paid sick leave as follows:

1. New employees shall only receive one working day for the initial month of employment if they begin work on the 1st through the 8th day of the calendar month, and one-half working day if they begin on the 9th through the 23rd day of the month.

2. After the initial month of employment and up to the end of the first calendar year, employees shall be credited with one working day for each month of service. Thereafter, at the beginning of each calendar year in anticipation of continued employment, employees shall be credited with 15 working days.

(b) Part-time and 10-month employees shall be entitled to a proportionate amount of paid sick leave. See 4A:3-3.8(e) for paid sick leave to which State employees in intermittent titles are entitled.

(c) Paid sick days shall not accrue during a leave of absence without pay or suspension but shall continue to accrue during a voluntary furlough or furlough extension leave.

(d) Sick leave credits shall not accrue after an employee has resigned or retired although his or her name is being retained on the payroll until exhaustion of vacation or other compensatory leave.

(e) An employee who exhausts all paid sick days in any one year shall not be credited with additional paid sick leave until the beginning of the next calendar year.

(f) Unused sick leave shall accumulate from year to year without limit, whether or not it was accrued prior to an intergovernmental transfer in accordance with 4A:4-7.1A, provided, however, that:

1. In the case of an intergovernmental transfer, the sick leave of a firefighter, or a law enforcement officer, including a sheriff's officer and a county correction officer, who has waived all accumulated sick leave, shall accrue from the effective date of the transfer.

(g) Sick leave may be used by employees who are unable to work because of:

1. Personal illness or injury (see N.J.A.C. 4A:6-21B for Federal family and medical leave);

2. Exposure to contagious disease (see 4A:6-1.2 1B for Federal family and medical leave);

3. Care, for a reasonable period of time, of a seriously ill member of the employee's immediate family (see 4A:1-1.3 for definition of immediate family, see 4A:6-1.2 1A for family leave under State law and see 4A:6-1.2 1B for Federal family and medical leave); or

4. Death in the employee's immediate family, for a reasonable period of time.

(h) Sick leave may be used by an employee with a disability for absences related to the acquisition or use of an aid for the disability when the aid is necessary to function on the job. In such cases, reasonable proof may be required by the appointing authority.

(i) See 4A:6-1.2 2 for the donated leave program.

N.J. Admin. Code § 4A:6-1.3

Amended by R.1990 d.48, effective 1/16/1990.
See: 21 N.J.R. 3337(a) , 22 N.J.R. 166(b) .
In (b): revised text to include citation to N.J.A.C. 4A:3-3.8(e) .
Amended by R.1990 d.387, effective 8/6/1990.
See: 22 N.J.R. 1300(b) , 22 N.J.R. 2263(a) .
In (g)3: added family leave N.J.A.C. citation.
Amended by R.1993 d.47, effective 1/19/1993.
See: 24 N.J.R. 3590(a) , 25 N.J.R. 293(a) .
Added new (i).
Amended by R.1994 d.72, effective 2/7/1994.
See: 25 N.J.R. 4821(b) , 26 N.J.R. 794(b) .
Amended by R.1994 d.620, effective 12/19/1994.
See: 26 N.J.R. 3511(a) , 26 N.J.R. 5002(b) .
Amended by R.1995 d.12, effective 1/3/1995.
See: 26 N.J.R. 4126(a) , 27 N.J.R. 145(a) .
Amended by R.1996 d.368, effective 8/5/1996.
See: 28 N.J.R. 2107(a) , 28 N.J.R. 3781(a) .
Amended by R.2001 d.420, effective 11/19/2001.
See: 33 N.J.R. 2567(a) , 33 N.J.R. 3895(b) .
Rewrote (f).
Amended by R.2007 d.358, effective 11/19/2007.
See: 39 N.J.R. 2680(a) , 39 N.J.R. 4923(b) .
In the introductory paragraph of (f), substituted "provided, however, that:" for "except that the sick leave of a police officer or a firefighter who receives an intergovernmental transfer shall accrue from the effective date of the transfer."; and added (f)1.