Proposed rule will limit pay for
accumulated absences
Once again, the Christie administration
has taken steps to try to restrict the scope of
negotiations and eliminate what is now a ne-
gotiable term and condition of employment
for public employees, including law enforce-
ment officers. The Division of Local Govern-
ment Services (LGS), within the Department
of Community Affairs, has proposed a new
rule which, if adopted, will restrict how pay
for accumulated absences is calculated when
a county or municipal employee separates
from employment, usually through retire-
ment. If the rule is adopted, it will affect most public employees
who receive pay for accumulated or accrued leave when they
leave employment, either at the time the rule proposal takes
effect or after the expiration of a collective negotiations agree-
ment in effect at the time the rule is adopted.
The proposed rule currently is in the review and comment
period, with comments due no later than Oct. 20. It is pub-
lished in the New Jersey Register, 49 N.J.R. 2622(a). In addition
to problems with the substance of the proposal, we believe that
the proposal goes well beyond the scope of the existing rule
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NEW JERSEY COPS
■ SEPTEMBER 2017
and, more importantly, beyond the scope of
the authority of LGS to propose the rule. Our
firm is submitting comments opposing this
proposal on behalf of the NJ State PBA.
The rule proposal seeks to amend N.J.A.C.
5:30-15.4. It applies to municipalities and
counties and would apply to “sick days, vaca-
tion days, personal days, compensatory time
or other absence time authorized as part of
an employer agreement, which is not used
by the employee during the allowed period,
and which is permitted to accumulate over
time to the benefit of the employee.” N.J.A.C.
5:30-15.2. Right now, if an employee receives pay for accumu-
lated days upon separation from employment, that employee
can be paid for accrued time based on the rate of pay either at
the time the days are accumulated or at the rate of pay at the
time of separation. It is a negotiable subject which might be in
the collective negotiations agreement. For employees who have
this benefit, any accumulated days are often paid based on the
rate of pay at the time of separation. The rule proposal does not
impose a cap on the amount of the payout. Any existing caps