Bill Text: NJ A825 | 2022-2023 | Regular Session | Introduced
Bill Title: Expands military leave benefits for certain public officers and employees subject to proof of service.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly Military and Veterans' Affairs Committee [A825 Detail]
Download: New_Jersey-2022-A825-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman REGINALD ATKINS
District 20 (Union)
SYNOPSIS
Expands military leave benefits for certain public officers and employees subject to proof of service.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning military leave and amending R.S.38:23-1 and N.J.S.38A:4-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.38:23-1 is amended to read as follows:
38:23-1. a. A permanent or full-time temporary officer or employee of the State or of a board, commission, authority or other instrumentality of the State, or of a county, school district or municipality, who is a member of the organized reserve of the Army of the United States, United States Naval Reserve, United States Air Force Reserve or United States Marine Corps Reserve, or other organization affiliated therewith, including the National Guard of other states, shall be entitled, in addition to pay received, if any, as a member of a reserve component of the Armed Forces of the United States, to leave of absence from his or her respective duty without loss of pay or time on all work days on which he or she shall be engaged in any period of Federal active duty or inactive duty training, provided, however, that such leaves of absence shall not exceed [30] 40 work days in any calendar year. Such leave of absence shall be in addition to the regular vacation or other accrued leave allowed such officer or employee. Any leave of absence for such duty in excess of [30] 40 work days shall be without pay but without loss of time.
b. Notwithstanding subsection a. of this section, a full-time temporary officer or employee who has served under such temporary appointment for less than one year shall receive for the service hereinabove described leave without pay but without loss of time.
c. The public employer shall require an officer or employee to submit to the employer before the leave of absence commences any proof that is available of the purpose for the leave of absence. A public employer shall require an officer or employee to submit to the employer sufficient proof of the actual performance of the Federal active duty or inactive duty training upon return from the leave of absence. Each public employer shall consult with the Department of Military and Veterans' Affairs to determine the type of proof of Federal active duty and inactive duty training that will be deemed sufficient proof of the actual performance of the duty. A leave of absence without loss of pay or loss of time, or both, under this section shall be conditioned on the timely submission to the public employer of the proofs required.
(cf: P.L.2001, c.351. s.1)
2. N.J.S.38A:4-4 is amended to read as follows:
38A:4-4. a. A permanent or full-time temporary officer or employee of the State or of a board, commission, authority or other instrumentality of the State or of a county, school district or municipality who is a member of the organized militia shall be entitled, in addition to pay received, if any, as a member of the organized militia, to leave of absence from his or her respective duties without loss of pay or time on all days during which he or she shall be engaged in any period of State or Federal active duty or inactive duty training; provided, however, that the leaves of absence for Federal active duty [or] , active duty for training, or inactive duty training shall not exceed 90 work days in the aggregate in any calendar year. Any leave of absence for such duty in excess of 90 work days shall be without pay but without loss of time.
b. Leave of absence for such military duty shall be in addition to the regular vacation or other accrued leave allowed such officers and employees by the State, county or municipal law, ordinance, resolution, or regulation.
c. Notwithstanding subsection a. of this section, a full-time temporary officer or employee who has served under such temporary appointment for less than one year shall receive for the service hereinabove described leave without pay but without loss of time.
d. The public employer shall require an officer or employee to submit to the employer before the leave of absence commences any proof that is available of the purpose for the leave of absence. A public employer shall require an officer or employee to submit to the employer sufficient proof of the actual performance of the State or Federal active duty or inactive duty training upon return from the leave of absence. Each public employer shall consult with the Department of Military and Veterans' Affairs to determine the type of proof of State or Federal active duty and inactive duty training that will be deemed sufficient proof of the actual performance of the duty. A leave of absence without loss of pay or loss of time, or both, under this section shall be conditioned on the timely submission to the public employer of the proofs required.
(cf: P.L.2001, c.351, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill expands the military leave benefits for certain public officers and employees.
Currently, an officer or employee of the State, an instrumentality
of the State, a county, a school district, or a municipality who is a
member of a reserve component of the United States Armed Forces or the organized militia of any other state is entitled to receive leave of absence with pay and without loss of time for all work days he or she is engaged in Federal active duty, up to 30 work days in any calendar year.
This bill adds inactive duty training to the type of military leave of absence that will be allowed for Reserve or non-New Jersey Guard service and increases the military leave of absence with pay period for that service from up to 30 work days to up to 40 work days in any calendar year.
Currently, an officer or employee of the State, an instrumentality of the State, a county, a school district, or a municipality who is a member of the State organized militia is entitled to receive a leave of absence with pay and without loss of time for all work days he or she is engaged in State or Federal active duty, up to 90 work days in any calendar year.
This bill adds inactive duty training to the type of military leave of absence that will be allowed for New Jersey Guard service.
This bill also conditions a leave of absence without loss of pay or
loss of time on the timely submission to the public employer of proof of the purpose of the leave of absence prior to the leave commencing and sufficient proof of the actual performance of the training upon return from the leave.
