SENATE, No. 2206

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JULY 19, 2010

 


 

Sponsored by:

Senator  STEPHEN M. SWEENEY

District 3 (Salem, Cumberland and Gloucester)

 

 

 

 

SYNOPSIS

     Provides that State or local appointing authority in civil service may institute temporary layoff.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning civil service and supplementing Title 11A of the New Jersey Statutes.

 

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

 

     1.    a.  An appointing authority in State or local service may institute a temporary layoff for economy, efficiency, or other related reasons.  A temporary layoff shall be defined as:  (1) the closure of an entire layoff unit for one or more work days over a defined period; or (2) a staggered layoff of each employee in a layoff unit for one or more work days over a defined period.  A temporary layoff shall be considered a single layoff action even though the layoff of individual employees takes place on different days during the defined period.  The defined period shall be set forth by the appointing authority in its temporary layoff plan; however, in a staggered layoff, the maximum period to stagger one day off shall not exceed 45 days.

     b.    A temporary layoff may, with the approval of the chairperson, be subject to limited exceptions when necessary to ensure continued public health and safety, including but not limited to child welfare, law enforcement, and care for prisoners, patients, and other residents in the care or custody of the State or local government.

     c.     In a temporary layoff, no employee in the layoff unit, whether career, senior executive, or unclassified, shall be paid for any work day that is designated as a temporary layoff day.  Any employee who is designated as exempt from a temporary layoff day pursuant to subsection b. of this section shall be paid the employee’s regular wages for working on that day.

     d.    A temporary layoff plan shall be submitted to the chairperson at least 15 days prior to the issuance of temporary layoff notices, or such other period as permitted by the chairperson.  The temporary layoff plan shall describe the implementation of the temporary layoff, including the specific day or days on which the layoff unit will be closed, any exceptions pursuant to subsection b. of this section, and, if staggered, the reasons for not closing the entire layoff unit on a specific day, and the staffing plan for implementing a staggered temporary layoff.  Part-time employees shall be designated for a proportional amount of temporary layoff time, consistent with the ratio of hours worked to full-time employment.  In a staggered temporary layoff, the appointing authority shall be permitted, in its sole discretion, to designate as unpaid temporary layoff time any planned or unplanned leave time taken by an employee during the defined layoff period, up to the maximum temporary layoff time for that defined layoff period.  Employees shall not be permitted to substitute any paid leave for an unpaid temporary layoff day.

     e.     For purposes of accrual of leave time, anniversary dates, paid holidays, and seniority, temporary layoff time shall be treated as if the employee is in pay status.  An employee serving a working test period shall have the working test period extended for the time equal to the temporary layoff time.  A leave under the federal Family and Medical Leave Act or other leave for medical or family reasons shall not be affected by a temporary layoff.  An alternate work week program may be suspended for pay periods in which a temporary layoff is implemented.

     f.     Because a temporary layoff is intended to apply equally to all employees in the layoff unit subject only to the exception and staggered schedules set forth in this section, subsections b. (seniority), d. (job location), e. (lateral and demotional title rights), f. (application of lateral and demotional title rights within job locations), g. (exercise of lateral and demotional title rights), and h. (special reemployment rights) of N.J.S.11A:8-1 shall not be applicable to a temporary layoff.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that a State or local appointing authority in civil service may institute a temporary layoff for economy, efficiency, or other related reasons.  A temporary layoff is defined as the closure of an entire layoff unit for one or more work days over a defined period or a staggered layoff of each employee in a layoff unit for one or more work days over a defined period.  A temporary layoff will be considered a single layoff even though the layoff of individual employees takes place on different days during the defined period.  The defined period will be set forth by the appointing authority in its temporary layoff plan.  In a staggered layoff, however, the maximum period to stagger one day off is limited to 45 days.

     The bill also provides that a temporary layoff may, with the approval of the chairperson of the Civil Service Commission, be subject to limited exceptions when necessary to ensure continued public health and safety, including but not limited to child welfare, law enforcement, and care for prisoners, patients, and other residents in the care or custody of State or local government.

     In a temporary layoff, no employee in the layoff unit, whether career, senior executive, or unclassified, will be paid for any work day that is designated as a temporary layoff day.  Any employee who is designated as exempt from a temporary layoff day will be paid regular wages for working on that day.  A temporary layoff plan must be submitted to the chairperson at least 15 days prior to the issuance of temporary layoff notices, or such other period as permitted by the chairperson.  The temporary layoff plan must describe the implementation of the temporary layoff, including the specific days on which the layoff unit will be closed, any exceptions, and, if staggered, the reasons for not closing the entire layoff unit on a specific day, and the staffing plan for implementing a staggered temporary layoff.  Part-time employees will be designed for a proportional amount of temporary layoff time.  In a staggered temporary layoff, the appointing authority will be permitted, in its sole discretion, to designate as unpaid temporary layoff time any planned or unplanned leave time taken by an employee during the defined layoff period, up to the maximum temporary layoff time for that defined layoff period.  Employees will not be permitted to substitute any paid leave for an unpaid temporary layoff day.

     For the purposes of accrual of leave time, anniversary dates, paid holidays, and seniority, temporary layoff time will be treated as if the employee is in pay status.  An employee serving a working test period, however, will have the working test period extended for the time equal to the temporary layoff time.  A leave for medical or family reasons will not be affected by a temporary layoff.  An alternate work week program may be suspended for pay periods in which a temporary layoff is implemented.

     Because a temporary layoff is intended to apply equally to all employees in the layoff unit, subject only to the limited exceptions and staggered schedules set forth in the bill, the following will not be applicable to a temporary layoff:  seniority; job location; lateral and demotional title rights; application of lateral and demotional title rights within job locations; exercise of lateral and demotional title rights; and special reemployment rights.