ASSEMBLY, No. 1097

STATE OF NEW JERSEY

211th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2004 SESSION

Sponsored by:

Assemblyman GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman LOUIS MANZO

District 31 (Hudson)

Assemblyman JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

SYNOPSIS

    Requires private and public employers to provide unpaid leaves of absence or reassignment of hours for National Guard members and Reservists engaged in training.

CURRENT VERSION OF TEXT

    As introduced.

(Sponsorship Updated As Of: 5/21/2004)

An Act requiring private and public employers to provide unpaid leaves of absence or reassignment of hours for National Guard members and Reservists engaged in certain training 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, provided, however, that such leaves of absence shall not exceed 30 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 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. (1) Any permanent or full-time temporary officer or employee of a private or public employer 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 to a leave of absence from his or her respective duties without pay but without loss of time on all work days on which he or she shall be engaged in inactive duty training, limited to drill duty, provided, however, that such leaves of absence shall not exceed two work days in each 30 day period. Such a leave of absence shall be in addition to the regular vacation or other accrued leave allowed such officer or employee by the employer.

    (2) Notwithstanding paragraph (1) of this subsection, an employer, in the alternative, may grant, at the employer's discretion, a reassignment of work hours that would allow the officer or employee to engage in inactive duty training.

(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; provided, however, that the leaves of absence for Federal active duty or active duty for 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 pursuant to subsection a. of this section 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. Any permanent or full-time temporary officer or employee of a private or public employer who is a member of the organized militia shall be entitled to a leave of absence from his or her respective duties without pay but without loss of time on all work days during which he or she shall be engaged in inactive duty training, limited to drill duty, provided, however, that the leaves of absence shall not exceed two work days in each 30 day period.

    e. Leave of absence pursuant to subsection d. of this section for such duty shall be in addition to the regular vacation or other accrued leave allowed such officers and employees by the employer.

    f. Notwithstanding subsection d. of this section, an employer, in the alternative, may grant, at the employer's discretion, a reassignment of work hours that would allow the officer or employee to engage in inactive duty training.

(cf: P.L.2001, c.351, s.3)

    3. This act shall take effect on the first day of the third month following enactment.

STATEMENT

    Under current law, members of the National Guard and Reserves who are public employees are entitled to leaves of absence for State or Federal active duty or active duty for training. This bill requires employers in the public and private sector to grant employees who are members of the National Guard and Reserves a leave of absence without pay, or a reassignment of work hours, to participate in inactive duty training, which may also be referred to as weekend drill duty. Leave of absence for inactive duty would be limited to two work days for each 30 day period.