N.J. Admin. Code § 5:30-15.7

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

Section 5:30-15.7 - Payment for accumulated vacation leave for certain officers and employees who are subject to P.L. 2007, c. 92

(a) A local unit officer or employee who does not take vacation leave that accrues on or after July 1, 2007, or on or after the date on which the person becomes an officer or employee, in a given year because of business demands shall be granted that accrued leave only during the next succeeding year, except that:

1. Vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used, or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining; and

2. A person who is an officer or employee on July 1, 2007, or becomes an officer or employee after July 1, 2007, and has previously accrued vacation leave shall be eligible and shall be permitted to retain and use that accrued vacation leave.

(b) As set forth at (a) above, "officer or employee" shall mean:

1. An elected official;

2. The statutory-based, untenured chief administrative officer of the local unit, including business administrators, county administrators, municipal or county managers, municipal or county administrators appointed pursuant to the authority of a local ordinance, executive directors, or similar positions;

3. Individuals with principal operating responsibility of a government function(s) (commonly called "department heads" or similar title), that are appointed by the governing body or a municipal or county manager, as applicable to the form of government, and who directly report to an elected official(s) or chief administrative officer;

4. Legal counsel to the local unit, regardless of title, directly employed by the local unit;

5. Municipal engineers or county engineers directly employed by the local unit;

6. Municipal court judges;

7. Appointed commissioners of a local authority subject to the Local Authorities Fiscal Control Law (N.J.S.A. 40A:5A-1 et seq.);

8. Gubernatorial appointees serving in municipal or county government for a fixed term; or

9. A person appointed by an elected public official or elected governing body of a local unit, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution. The Director may provide interpretations of this subsection at the request of a local unit.

(c) For purposes of (a) above, an "officer or employee" shall not include a person who:

1. Is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the local unit;

2. Holds a professional license or certificate to perform and is performing in any of the following capacities, regardless of the position the officer or employee holds:

i. Certified health officer;

ii. Tax assessor;

iii. Tax collector;

iv. Municipal planner;

v. Chief financial officer;

vi. Registered municipal clerk;

vii. Construction code official;

viii. Licensed uniform subcode inspector;

ix. Qualified purchasing agent; or

x. Certified public works manager; and

3. Individuals serving in an acting or temporary capacity in any of the positions listed at (c)2 above, for which a local unit may appoint an individual on an acting or temporary basis.

N.J. Admin. Code § 5:30-15.7

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