A5940

An Act requiring employers to provide paid leave to employees serving in elective office, and supplementing Title 34 of the Revised Statutes.

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

1. a. The employer of a person serving in elective office at the State, county, or municipal level or any political subdivision thereof shall, upon receiving written application from that person, grant that person 15 days of paid time off per calendar year and a leave of absence without pay from regular, full-time employment for the purpose of serving in elective office.

b. A leave of absence used by a person pursuant to subsection a. of this section shall not interrupt the net credited service, privileges, and benefits earned by a person at the place of employment. However, the employer shall not be required to pay for the employer’s portion of the person’s benefits when the person is on a leave of absence.

c. The use of the paid time off granted pursuant to subsection a. of this section shall not interrupt the net credited service, privileges, and benefits earned by a person at the place of employment. The employer shall continue to pay for the employer’s portion of the person’s benefits whenever the person uses the allotted number of paid days.

d. An employer shall not prohibit a person serving in elective office from returning to regular, full-time employment before the period for which the leave of absence was granted ends.

e The leave of absence and paid time off described in subsection a. of this section shall not apply to a person running for elective office or not yet serving in elective office.

f. As used in this section:

“Employer” means:

(1) any entity that employs more than 20 full-time employees at a time, regardless of location; or

(2) a public employer, regardless of the number of employees the public employer employs.

“Public employer” means the State or any political subdivision of the State; a county or municipality, or any political subdivision of a county or municipality; or any local or regional school district, charter school and its board of trustees, vocational school district, educational services commission, jointure commission, county special services school district, community college, county college, public institution of higher education, or board or commission under the authority of the Commissioner of Education, the State Board of Education, or the New Jersey Commission on Higher Education.

2. This act shall take effect immediately.

STATEMENT

This bill provides that employees, including employees working for an employer with 20 or more full-time employees or a public employer, who serve in elective office at the municipal, county, and state level shall be entitled to no more than 15 days per calendar year of paid time off and a leave of absence without pay from regular, full-time employment to fulfill elective duties upon providing written application to the employer. Any leave of absence or paid time off taken under this provision will not affect or interrupt the net credited services, privileges, and benefits offered by the employer to the employee. However, the employer is not under any obligation to pay a portion of the employee’s benefits during a leave of absence, only when an employee uses the allotted 15 paid days.

The bill provides that an employer shall not prohibit an employee from returning to regular employment before the end of the approved leave period. The leave of absence and paid time off described in this provision do not apply to a person running for elective office or not yet in an elected position. This provision applies to all employers who employ 20 or more full-time employees at a time, regardless of location.