N.J. Admin. Code § 5:30-15.4

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

Section 5:30-15.4 - Authorization for compensated absence payments

(a) All local unit payments for compensated absence shall be authorized locally by any one or combination of the following practices:

1. Any duly negotiated and approved labor agreement between the employer and a collective bargaining organization, executed pursuant to the New Jersey Employer-Employee Relations Act (N.J.S.A. 34:13A-1 et seq.);

2. A provision in a local ordinance or enabling resolution; and/or

3. An employment agreement with an individual employee, where the use of the benefit therein is authorized by local ordinance or enabling resolution.

(b) No payments for compensated absence shall be authorized that exceed limitations established pursuant to State law.

(c) Payment for compensated absence shall be made upon certification by the chief financial officer of the local unit that sufficient documentation of the amount of the accumulated absence has been provided, and that funds are available to pay for the amount of compensated absence due. Sufficient documentation shall include:

1. A copy of, or reference to, the agreement authorizing compensation;

2. Documentation of the employee's hire date and the amount of accumulated absence time broken down by category;

3. If the employee is subject to accumulated absence restrictions established by P.L. 2007, c. 92, the date the employee entered a title subject to P.L. 2007, c. 92; and

4. The total value of the compensation due based on the agreement and accumulated absence time.

(d) In the absence of sufficient documentation, payment for compensated absence may be awarded by resolution of the governing body, subject to the following:

1. The employee shall provide the governing body with a certification that includes an annual itemization of each type of accumulated absence, records maintained by the employee or employer to substantiate the absence, and an explanation as to the reasons that sufficient documentation, as described in (b) above, is not available. Said certification shall be attached to the resolution and shall serve as evidence of the accumulated absence, based on the employee's records. Where appropriate, local government units should supplement the employees' records, when they have the ability to do so.

2. If the employee is unable to produce all of the documentation required in (c)1 above, the governing body may, by resolution, approve payment for compensated absence based upon the employee's ability to provide partial documentation, and upon finding that there is good and reasonable cause to warrant payment in the absence of full documentation. Such good and reasonable cause may be in connection with the loss of relevant information due to technological changes in recordkeeping; the loss of data caused by fire, natural disaster and the like; the loss of dated information; or other reasonable explanation by the employee as to why sufficient documentation is not available.

3. Upon receipt of the certification and acceptance of the employee's records, or explanation for not providing sufficient documentation, the governing body may then approve payment by resolution, provided that the chief financial officer has certified that sufficient funds are available for payment.

4. Any resolution that is approved by the local unit in the absence of sufficient documentation shall so state that the compensation is being approved upon finding that there is good and reasonable cause to approve, based on the certified explanation provided by the employee.

(e) For officers and employees subject to P.L. 2007, c. 92 or P.L. 2010, c. 3, payment for unused sick leave shall be payable only at the time of retirement from a State-administered or locally administered retirement system based on the leave credited on the date of retirement.

N.J. Admin. Code § 5:30-15.4

Amended by R.2003 d.33, effective 1/21/2003.
See: 34 New Jersey Register 2635(a), 35 New Jersey Register 397(a).
In c(1), added the third sentence.

Amended by 55 N.J.R. 1690(a), effective 8/7/2023