ASSEMBLY, No. 3849

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 22, 2011

 


 

Sponsored by:

Assemblywoman  NELLIE POU

District 35 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Prohibits local public employer continuation of pay programs.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning continuation of pay programs for certain public employees, amending N.J.S.11A:6-8, supplementing Titles 18A and 40A of the New Jersey Statutes, and repealing parts of the statutory law.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  (New section)  An employer shall not pay salary or wages, other than compensation for leave authorized, accrued, and accumulated pursuant to statutory law, to an employee who is absent as the result of a personal injury caused by an accident arising out of and in the course of employment which is sustained on or after the effective date of P.L.    , c.    (C.     ) (pending before the Legislature as this bill), or the expiration of a collective negotiations agreement or contract with a relevant provision in effect on that effective date.  A board of education shall not grant sick leave or pay salary to a person after all leave available to the employee pursuant to statutory law has been used.  This section shall not be construed as impairing the obligations set forth in any collective negotiations agreement or contract between an employer and its employees in effect on the effective date of P.L.    ,                   c.    (C.     ) (pending before the Legislature as this bill).

 

     2.  (New section)  The governing body of a local unit, and an agency, authority, or instrumentality thereof, shall not grant a leave of absence with pay to an officer or employee for absence due to injury or disability resulting from or arising out of employment which is sustained on or after the effective date of P.L.    ,                        c.    (C.     ) (pending before the Legislature as this bill) or the expiration of a collective negotiations agreement or contract with a relevant provision in effect on that effective date.  A governing body shall not grant a leave of absence with pay to an officer or employee except as provided in the statutory law.  This section shall not be construed as impairing the obligations set forth in any collective negotiations agreement or contract between an employer and its employees in effect on the effective date of P.L.    ,                         c.   (C.     )(pending before the Legislature as this bill).

 

     3.  (New section)  The governing body of a local unit shall not grant a leave of absence with pay to any member or officer of its fire department and force or police department and force for absence due to injury, illness, or disability which is sustained on or after the effective date of P.L.    , c.   (C.     )  (pending before the Legislature as this bill) or the expiration of a collective negotiations agreement or contract with a relevant provision in effect on that effective date.  A governing body shall not grant a leave of absence with pay to any member or officer of its fire department and force or police department and force except as provided in the statutory law.  This section shall not be construed as impairing the obligations set forth in any collective negotiations agreement or contract between an employer and its employees in effect on the effective date of P.L.    , c.    (C.     ) (pending before the Legislature as this bill).

 

     4.  N.J.S.11A:6-8 is amended to read as follows:

     11A:6-8.  a.  Leaves of absence for career, senior executive and unclassified employees in State service due to injury or illness directly caused by and arising from State employment shall be governed by rules of the Civil Service Commission.  Leaves of absence for career and unclassified employees of a political subdivision directly caused by or arising from employment shall be governed by rules of the political subdivision.  Any sick leave with pay shall be reduced by the amount of workers' compensation or disability benefits, if any, received for the same injury or illness. 

     b.  The rules promulgated by the commission to govern leaves of absence under this section shall not apply, nor shall a leave of absence pursuant to this section be available, to any career, senior executive or unclassified employee in State service who sustains an injury or illness on or after the effective date of P.L.2010, c.3, or the expiration of a collective negotiations agreement with a relevant provision in effect on that effective date, directly caused by and arising from State employment.  This subsection shall not be construed as impairing the obligations set forth in any collective negotiations agreement between the State and its employees in effect on the effective date of P.L.2010, c.3. 

     c.  The rules promulgated by a political subdivision to govern leaves of absence due to injury or illness directly caused by or arising from employment under this section shall not apply, nor shall a leave of absence pursuant to this section be available, to any career or unclassified employee who sustains an injury or illness on or after the effective date of P.L.    , c.  (C.     ) (pending before the Legislature as this bill) or the expiration of a collective negotiations agreement with a relevant provision in effect on that effective date.  This subsection shall not be construed as impairing the obligations set forth in any collective negotiations agreement between a political subdivision and its employees in effect on the effective date of P.L.    , c.  (pending before the Legislature as this bill).

(cf: P.L.2010, c.3, s.6)

 

     5.  The following sections are repealed:

     N.J.S.18A:30-2.1;

     N.J.S.18A:30-6;

     N.J.S.18A:30-7;

     Section 4 of P.L.2007, c.223 (C.18A:30-13);

     N.J.S.40A:9-7;

     N.J.S.40A:9-158;

     N.J.S.40A:14-16;

     N.J.S.40A:14-113; and

     N.J.S.40A:14-137.

 

     6.  This act shall take effect immediately.

 

 

STATEMENT

 

     Under current law, school districts must, and counties and municipalities may, pay full salary for up to one year to employees who are injured on the job.  This practice, known as Sick Leave Injury (SLI), provides compensation in addition to amounts employees are entitled based upon leave they have earned and workers' compensation benefits.  This bill would end the practice of SLI immediately or at the end of existing collective bargaining agreements or contracts that provide for SLI.

     The bill also repeals statutes that authorize school districts and municipalities discretion to grant leave and pay to employees despite provisions of generally applicable law that impose limits on leave and compensation.  These repealers would also take effect so as not to impair existing collective bargaining agreements.