N.J. Admin. Code § 4A:8-2.4

Current through Register Vol. 52, No. 19, October 5, 2020
Section 4A:8-2.4 - Seniority
(a) Seniority for purposes of this chapter, except for police and fire titles as set forth in (b) below, is the amount of continuous permanent service in the jurisdiction, regardless of title. An employee's continuous permanent service accumulated prior to an intergovernmental transfer effected in accordance with 4A:4-7.1A shall be considered as continuous permanent service in the jurisdiction. Seniority shall be based on total calendar years, months, and days in continuous permanent service regardless of work week, work year, or part-time status.
1. A resignation/new appointment pursuant to 4A:4-7.9 shall not be considered a break in continuous service.
(b) For police and fire titles in State and local service, seniority for purposes of this chapter is the amount of continuous permanent service in an employee's current permanent title and other titles that have (or would have had) lateral or demotional rights to the current permanent title. A police officer's continuous permanent service accumulated prior to an intergovernmental transfer effected in accordance with N.J.A.C. 4A:4-7.1A, shall be considered as continuous permanent service in the jurisdiction unless the police officer waives all accumulated sick leave and seniority rights in effecting the transfer. Seniority shall be based on total calendar years, months, and days in title regardless of work week, work year, or part-time status.
1. A police title is any law enforcement rank or title where entry level employees are required by 52:17B-66 et seq. (Police Training Act) to complete a police training course.
2. A fire title is any uniform fire department rank or title.
3. If two or more employees in a police or fire title have equal seniority, the tie shall be broken in the order of priority set forth in (h) below, except that the fifth tie-breaking factor shall give priority to the employee with greater continuous permanent service, regardless of title.
4. A county or municipal appointing authority may elect to provide, through adoption of an ordinance or resolution, as appropriate, that employees in police and fire titles may exercise previously held demotional rights, pursuant to 4A:8-2.2(f) against employees in any layoff unit in the jurisdiction. Such ordinance or resolution shall not be given effect during a layoff unless adopted at least 90 days prior to submission of the layoff plan (see 4A:8-1.4 ).
(c) Preferred status, which means a higher ranking for layoff rights purposes than anyone currently serving in a demotional title, shall be provided as follows:
1. Employees with permanent status who exercise their demotional rights in a layoff action, other than to a previously held title pursuant to N.J.A.C. 4A:8-2.2(f), will have preferred status.
2. Employees reappointed from a special reemployment list to a lower title in the same layoff unit from which they were laid off or demoted will have preferred status. Records of preferred status shall be maintained by the appointing authority in a manner acceptable to the Chairperson of the Civil Service Commission or designee.
3. If more than one employee has preferred status, priority will be determined on the basis of the class code of the permanent title from which each employee was laid off or demoted and the seniority held in the higher title.
(d) The following shall not be deducted from seniority calculations:
1. Voluntary furloughs;
2. All leaves with pay including sick leave injury (SLI);
3. Leaves without pay for the following purposes: military, educational, gubernatorial appointment, unclassified appointment, personal sick, disability, family, furlough extension, and voluntary alternative to layoff;
4. In State service, employment in the Senior Executive Service (SES), provided the employee had permanent service prior to the SES appointment; and
5. In local service, leave to fill elective public office.
(e) Suspensions, other leaves of absence without pay, and any period an employee is laid off shall be deducted in calculating seniority. In State service, deductions will be made only for such suspensions, leaves of absence, and periods of layoff that began on or after March 1, 1987. In local service, deductions will be made only for such suspensions, leaves of absence, and periods of layoff that began on or after July 1, 1988.
(f) Employees reappointed from a special reemployment list shall be considered as having continuous service for seniority purposes; however, the elapsed time between the layoff and reappointment shall be deducted from the employee's seniority.
(g) Employees serving in their working test period shall be granted seniority based on the length of service following regular appointment. Permanent employees serving in a working test period in another title shall also continue to accrue seniority in their permanent titles. Permanent employees serving in a provisional, temporary, or interim appointment shall continue to accrue seniority in their permanent titles.
(h) Tie-breakers based on service shall include service accumulated prior to an intergovernmental transfer effected in accordance with 4A:4-7.1A, except for all firefighters, and except where a law enforcement officer, including a sheriff's officer and a county correction officer, waives all accumulated seniority rights in the intergovernmental transfer. If two or more employees have equal seniority, the tie shall be broken in the following order of priority:
1. A disabled veteran shall have priority over a veteran. A veteran shall have priority over a non-veteran (see N.J.A.C. 4A:5-1 );
2. The employee with the higher performance rating shall have priority over an employee with a lower rating, provided that all tied employees were rated by the same supervisor and were subject to the same PAR rating scale. In local service, the performance rating system must have been approved by the Chairperson of the Civil Service Commission or designee;
3. The employee with the greater amount of continuous permanent service in the employee's current permanent title and other titles that have (or would have had) lateral or demotional rights to the current permanent title, shall have priority. An employee appointed to a previously held title pursuant to 4A:8-2.2(f) shall have all permanent continuous service in that title aggregated for seniority purposes;
4. The employee with the greater seniority in the title before a break in service shall have priority;
5. The employee with greater non-continuous permanent service, regardless of title, shall have priority;
6. The employee who ranked higher on the same eligible list for the title shall have priority;
7. The employee with greater continuous service as a provisional, temporary, or interim appointee in the subject title shall have priority;
8. The employee with greater total service, regardless of title or status, shall have priority;
9. The employee with the higher performance rating during the 12-month period prior to the effective date of the layoff shall have priority over an employee with a lower rating, provided that all tied employees were rated by the same supervisor and were subject to the same PAR rating scale. In local service, the performance rating system must have been approved by the Chairperson or designee;
10. The employee with the higher performance rating during the period between 24 months and 12 months prior to the effective date of the layoff shall have priority over an employee with a lower rating, provided that all tied employees were rated by the same supervisor and were subject to the same PAR rating scale. In local service, the performance rating system must have been approved by the Chairperson or designee;
11. Other factors as may be determined by the Chairperson or designee.

N.J. Admin. Code § 4A:8-2.4

Amended by R.1990 d.387, effective August 6, 1990.
See: 22 N.J.R. 1300(b), 22 N.J.R. 2263(a).
In (c): added "family" to list of leaves with pay.
Amended by R.1994 d.620, effective December 19, 1994.
See: 26 N.J.R. 3511(a), 26 N.J.R. 5002(b).
Amended by R.1995 d.12, effective January 3, 1995.
See: 26 N.J.R. 4126(a), 27 N.J.R. 145(a).
Amended by R.1995 d.251, effective May 15, 1995.
See: 27 N.J.R. 612(a), 27 N.J.R. 1967(b).
Administrative correction.
See: 27 N.J.R. 3156(a).
Petitions for Rulemaking: Layoffs, Seniority.
See: 27 N.J.R. 4916(a).
Amended by R.1996 d.259, effective June 3, 1996.
See: 28 N.J.R. 1334(a), 28 N.J.R. 2839(a).
In (d) added provision relating to local service.
Amended by R.1996 d.260, effective June 3, 1996.
See: 28 N.J.R. 1441(a), 28 N.J.R. 2841(a).
In (a) excepted police and fire titles, added (b) and recodified former (b)-(g) as (c)-(h).
Amended by R.2000 d.12, effective January 3, 2000.
See: 31 N.J.R. 2827(a), 32 N.J.R. 39(a).
In (b)4, changed N.J.A.C. reference; rewrote (c); and added (i) and (j).
Amended by R.2001 d.420, effective November 19, 2001.
See: 33 N.J.R. 2567(a), 33 N.J.R. 3895(b).
In (a) and (b), added second sentences in the introductory paragraphs; in (h) rewrote the introductory paragraph.
Amended by R.2003 d.304, effective August 4, 2003.
See: 35 N.J.R. 345(a), 35 N.J.R. 3551(b).
Amended N.J.A.C. references throughout; rewrote (c)3; deleted (i) and (j).
Administrative correction.
See: 38 N.J.R. 2686(a).
Amended by R.2007 d.358, effective November 19, 2007.
See: 39 N.J.R. 2680(a), 39 N.J.R. 4923(b).
In the introductory paragraph of (b), inserted the second sentence; in (b)4 and (h)3, updated the N.J.A.C. references; and rewrote the introductory paragraph of (h).
Amended by R.2009 d.41, effective January 20, 2009.
See: 40 N.J.R. 4381(a), 41 N.J.R. 399(b).
In (c)1, updated the N.J.A.C. reference; and in (c)3, deleted "in State service, or the class level in local service," following "class code".
Amended by R.2014 d.045, effective March 17, 2014.
See: 45 N.J.R. 525(a), 46 N.J.R. 497(a).
In the introductory paragraph of (a) and of (b), inserted a comma following "months" and following "year"; in (c)2, substituted "Chairperson of the Civil Service Commission or designee" for "Department of Personnel"; in (d)3, inserted a comma following "extension"; in (d)4, inserted "(SES)"; in (e), inserted a comma following "pay" and following "absence" twice, and substituted "that" for "which" twice; in (g) and (h)7, inserted a comma following "temporary"; and rewrote (h)2 and (h)9 through (h)11.