ASSEMBLY, No. 2495

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED FEBRUARY 21, 2012

 


 

Sponsored by:

Assemblywoman† CAROLINE CASAGRANDE

District 11 (Monmouth)

Assemblywoman† NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblywoman† DONNA M. SIMON

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman† DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

 

Co-Sponsored by:

Assemblyman Ciattarelli, Assemblywomen Angelini, B.DeCroce, Assemblymen Amodeo, C.A.Brown, Assemblywoman Schepisi, Assemblymen Schroeder, DiMaio, Rible, Wolfe, McGuckin, Clifton, Rudder, A.M.Bucco, Carroll, Assemblywoman Handlin, Assemblymen Dancer, Peterson and Webber

 

 

 

 

SYNOPSIS

†††† Prohibits payment to public employees at retirement for certain unused sick leave, provides for forfeiture of payment for unused sick leave for certain criminal convictions, and requires documentation for use of sick leave.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning the use of sick leave by public employees and amending and supplementing various parts of the statutory law.

 

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

 

†††† 1.††† Section 44 of P.L.2007, c.92 (C.18A:30-3.5) is amended to read as follows:

†††† 44.† a.† Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000 except that an officer or employee who:

†††† (1)†† on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or

†††† (2)†† becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and† has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater.

†††† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

†††† As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of the political subdivision, 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 resolution, pursuant to guidelines or policy that shall be established by the Department of Education, but not including a person who 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 political subdivision, or the agency or instrumentality thereof.

†††† b.††† A board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave earned after the effective date of P.L.†† , c.†† (pending before the Legislature as this bill) or after the expiration of collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, except that an officer or employee who on the effective date of P.L.†† , c.† (pending before the Legislature as this bill), or upon the expiration of collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

†††† c. (1)† Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

†††† (2) Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.†††

(cf:† P.L.2007, c.92, s.44)

 

†††† 2.††† Section 3 of P.L.2010, c.3 (C.18A:30-3.6) is amended to read as follows:

†††† 3.††† a.† Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000.† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.† This provision shall apply only to officers and employees who commence service with the board of education, or the agency or instrumentality thereof, on or after the effective date of P.L.2010, c.3.† This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

†††† b.††† A board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee who was in service with the employer prior to the effective date of P.L.2010, c.3 and continuously thereafter or who commenced service on or after that effective date for accumulated unused sick leave earned after the effective date of P.L.†† , c.†† (pending before the Legislature as this bill) or after the expiration of collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, except that an officer or employee who on the effective date of P.L.†† , c.†† (pending before the Legislature as this bill), or upon the expiration of a collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

†††† c. (1)† Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

†††† (2) Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

(cf:† P.L.2010, c.3, s.3)

 

†††† 3.††† Section 43 of P.L.2007, c.92 (C.40A:9-10.2) is amended to read as follows:

†††† 43.† a.† Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000 except that an officer or employee who:

†††† (1)†† on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or

†††† (2)†† becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and† has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater.

†††† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

†††† As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of a political subdivision of the State, 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, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who 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 political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager.

†††† b.††† A political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave earned after the effective date of P.L.†† , c.†† (pending before the Legislature as this bill) or after the expiration of collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, except that an officer or employee who on the effective date of P.L.†† , c.†† (pending before the Legislature as this bill), or upon the expiration of collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

†††† c. (1)† Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

†††† (2) Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

(cf:† P.L.2007, c.92, s.43)

 

†††† 4.††† Section 2 of P.L.2010, c.3 (C.40A:9-10.4) is amended to read as follows:

†††† 2.††† a.† Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000.† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.† This provision shall apply only to officers and employees who commence service with the political subdivision of the State, or the agency, authority or instrumentality thereof, on or after the effective date of P.L.2010, c.3.† This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

†††† b.††† A political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee who was in service with the employer prior to the effective date of P.L.2010, c.3 and continuously thereafter or who commenced service on or after that effective date for accumulated unused sick leave earned after the effective date of P.L.†† , c.†† (pending before the Legislature as this bill) or after the expiration of collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, except that an officer or employee who on the effective date of P.L.†† , c.†† (pending before the Legislature as this bill), or upon the expiration of a collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

†††† c. (1)† Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

†††† (2) Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

(cf:† P.L.2010, c.3, s.2)

 

†††† 5.††† N.J.S.11A:6-16 †is amended to read as follows:

†††† 11A:6-16.† Supplemental compensation upon retirement in State employment.

†††† a.†††† State employees in the career service, and those in the senior executive and unclassified services who have been granted sick leave under terms and conditions similar to career service employees, shall be entitled upon retirement from a State-administered retirement system to receive a lump sum payment as supplemental compensation for each full day of accumulated sick leave which is credited on the effective date of retirement.

†††† b.††† The State shall not pay supplemental compensation to any officer or employee who was in service with the employer prior to the effective date of P.L.††† , c.††† (pending before the Legislature as this bill) and continuously thereafter or who commenced service on or after that effective date for accumulated unused sick leave earned after the effective date of P.L.†† , c.†† (pending before the Legislature as this bill) or after the expiration of collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, except that an officer or employee who on the effective date of P.L.†† , c.†† (pending before the Legislature as this bill), or upon the expiration of a collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement as calculated in accordance with N.J.S.11A:6-19.† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.† This subsection shall be applicable to employees described in N.J.S.11A:6-17.

†††† c. (1)† Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

†††† (2) Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

(cf:† N.J.S.11A:6-16)

 

†††† 6.††† Section 42 of P.L.2007, c.92 (C.11A:6-19.1) is amended to read as follows:

†††† 42.† a.† Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000, except that an officer or employee who:

†††† (1)†† on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000 whichever is greater; or

†††† (2)†† becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and† has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater.

†††† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

†††† As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of a political subdivision of the State, 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, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who 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 political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager.

†††† b.††† A political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave earned after the effective date of P.L.†† , c.†† (pending before the Legislature as this bill) or after the expiration of collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, except that an officer or employee who on the effective date of P.L.†† , c.†† (pending before the Legislature as this bill), or upon the expiration of collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

†††† c. (1)† Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

†††† (2) Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

(cf:† P.L.2007, c.92, s.42)

 

†††† 7.††† Section 1 of P.L.2010, c.3 (C.11A:6-19.2) is amended to read as follows:

†††† 1.††† a.† Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000.† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.† This provision shall apply only to officers and employees who commence service with the political subdivision of the State, or the agency, authority or instrumentality thereof, on or after the effective date of P.L.2010, c.3.† This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

†††† b.††† A political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee who was in service with the employer prior to the effective date of P.L.2010, c.3 and continuously thereafter or who commenced service on or after that effective date for accumulated unused sick leave earned after the effective date of P.L.†† , c.†† (pending before the Legislature as this bill) or after the expiration of collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, except that an officer or employee who on the effective date of P.L.†† ,†††††††††††† c.†† (pending before the Legislature as this bill), or upon the expiration of a collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.† Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

†††† c. (1)† Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

†††† (2) Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of any crime set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1), or a substantially similar offense under the laws of another state or the United States which would have been a crime under the laws of this State, which crime or offense involves or touches such office or employment.

(cf:† P.L.2010, c.3, s.1)

 

†††† 8.† N.J.S.11A:6-5 is amended to read as follows:

†††† 11A:6-5.† Sick leave.† a. Full-time State and political subdivision employees shall receive a sick leave credit of no less than one working day for each completed month of service during the remainder of the first calendar year of service and 15 working days in every year thereafter. Unused sick leave shall accumulate without limit.

†††† b. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the use of six or more consecutive days of accumulated sick leave without a medical necessity verified in writing by a physician shall be prohibited.† The commission shall promulgate rules and procedures to ensure that verification of medical necessity is provided.† The rules shall provide that the employer may require the officer or employee to submit to an examination by a physician selected by the employer to verify the medical necessity.† For the first violation of this subsection, the employer shall treat the time taken as unpaid leave and impose a minimum disciplinary penalty of a fine equivalent to one and one-half times the daily rate of compensation for each day of violation.† For the second violation of this subsection, in addition to treating the time taken as unpaid leave, the employer shall impose a minimum disciplinary penalty of a fine in an amount equivalent to three times the daily rate of compensation for each day of violation.† For the third violation of this subsection, in addition to treating the time taken as unpaid leave, the employer shall have good cause for termination of the employee.† The minimum penalties set forth for the first and second violations may be increased at the discretion of the employer based upon the prior record of the employee.† The time converted to unpaid leave under this section shall also be deducted from the number of unused sick leave days credited on the effective date of retirement upon which supplemental compensation, if any, for the employee at the time of retirement is calculated.

(cf: N.J.S.11A:6-5)

 

†††† 9. (New section) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, for officers or employees of a political subdivision of the State, or any agency, authority or instrumentality thereof, or any agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes, the use of six or more consecutive days of accumulated sick leave without a medical necessity verified in writing by a physician shall be prohibited.† The governing body of a political subdivision shall promulgate rules and procedures to ensure that verification of medical necessity is provided.† The rules shall provide that the employer may require the officer or employee to submit to an examination by a physician selected by the employer to verify the medical necessity.† For the first violation of this subsection, the employer shall treat the time taken as unpaid leave and impose a minimum disciplinary penalty of a fine equivalent to one and one-half times the daily rate of compensation for each day of violation.† For the second violation of this subsection, in addition to treating the time taken as unpaid leave, the employer shall impose a minimum disciplinary penalty of a fine in an amount equivalent to three times the daily rate of compensation for each day of violation.† For the third violation of this subsection, in addition to treating the time taken as unpaid leave, the employer shall have good cause for termination of the employee.† The minimum penalties set forth for the first and second violations may be increased at the discretion of the employer based upon the prior record of the employee.† The time converted to unpaid leave under this section shall also be deducted from the number of unused sick leave days credited on the effective date of retirement upon which supplemental compensation, if any, for the employee at the time of retirement is calculated.

 

†††† 10. (New section) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, for officers or employees of a school board, or any agency or instrumentality thereof, or any agency, authority or instrumentality thereof, the use of six or more consecutive days of accumulated sick leave without a medical necessity verified in writing by a physician shall be prohibited.† The board shall promulgate rules and procedures to ensure that verification of medical necessity is provided.† The rules shall provide that the employer may require the officer or employee to submit to an examination by a physician selected by the employer to verify the medical necessity.† For the first violation of this subsection, the employer shall treat the time taken as unpaid leave and impose a minimum disciplinary penalty of a fine equivalent to one and one-half times the daily rate of compensation for each day of violation.† For the second violation of this subsection, in addition to treating the time taken as unpaid leave, the employer shall impose a minimum disciplinary penalty of a fine in an amount equivalent to three times the daily rate of compensation for each day of violation.† For the third violation of this subsection, in addition to treating the time taken as unpaid leave, the employer shall have good cause for termination of the employee.† The minimum penalties set forth for the first and second violations may be increased at the discretion of the employer based upon the prior record of the employee.† The time converted to unpaid leave under this section shall also be deducted from the number of unused sick leave days credited on the effective date of retirement upon which supplemental compensation, if any, for the employee at the time of retirement is calculated.

 

†††† 11.† (New section) The Attorney General shall develop guidelines or establish procedures to ensure that public employers are notified when a public officer or employee is indicted for, or convicted of, any crime or offense set forth in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1) in order to effectuate the suspension or forfeiture of payment for supplemental compensation as provided by subsection c. of section 44 of P.L.2007, c.92 (C.18A:30-3.5), subsection c. of section 3 of P.L.2010, c.3 (C.18A:30-3.6), subsection c. of section 43 of P.L.2007, c.92 (C.40A:9-10.2), and subsection c. of section 2 of P.L.2010, c.3 (C.40A:9-10.4).

 

†††† 12.† (New section) The provisions of subsection c. of section 44 of P.L.2007, c.92 (C.18A:30-3.5), subsection c. of section 3 of P.L.2010, c.3 (C.18A:30-3.6), subsection c. of section 43 of P.L.2007, c.92 (C.40A:9-10.2), and subsection c. of section 2 of P.L.2010, c.3 (C.40A:9-10.4) providing for the suspension or forfeiture of payment for supplemental compensation shall apply only in the case of crimes or offenses committed after the effective date of P.L.††† , c.††† (C.††††† ) (pending before the Legislature as this bill).

 

†††† 13.† This act shall take effect on the first day of the second month following enactment.

 

 

STATEMENT

 

†††† This bill prohibits the payment by the State, local governments, and boards of education of supplemental compensation to any current or future public officer or employee for accumulated unused sick leave earned after the billís effective date.† Supplemental compensation for any time earned prior to that date will be payable as under current law.† In addition, the bill provides that the payment of supplemental compensation for unused sick leave will be suspended if an officer or employee is indicted for any of the crimes which under current law are grounds for pension forfeiture and that supplemental compensation will be forfeited upon conviction.† The bill also requires all public officers and employees to provide medical documentation for absences of six or more consecutive days and imposes penalties for the failure to do so.†

†††† The bill requires the Attorney General to develop guidelines or establish procedures to ensure that public employers are notified when a public officer or employee is indicted for, or convicted of, any crime or offense that triggers the suspension or forfeiture of payment for supplemental compensation.† It also provides that the suspension or forfeiture of payment for supplemental compensation will apply only in the case of crimes or offenses committed after the billís effective date.

†††† The bill will take effect on the first day of the second month following enactment.