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A4744
ASSEMBLY, No. 4744
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 19, 2026
Sponsored by:
Assemblyman� GABRIEL RODRIGUEZ
District 33 (Hudson)
Assemblyman� LARRY WAINSTEIN
District 33 (Hudson)
SYNOPSIS
���� Permits payment of unused sick leave earned by
certain local government officers and employees under certain circumstances.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the payment of unused sick leave
earned by certain local government employees under certain circumstances, and
supplementing Title 11A of the New Jersey Statutes and Title 40A of the New
Jersey Statutes.�
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� a.� Notwithstanding any
law, rule, or regulation to the contrary, a political subdivision of the State,
or an agency, authority, or instrumentality thereof, excluding local boards of
education, that has adopted the provisions of Title 11A of the New Jersey
Statutes, may pay the accumulated unused sick leave earned by an officer or
employee as supplemental compensation to that officer or employee, as further
provided in this section.�
���� b.� The payment of accumulated
unused sick leave to an officer or employee shall be at the sole discretion of
the political subdivision, or an agency, authority, or instrumentality thereof,
as appropriate, and shall not be subject to collective negotiation agreements
or individual contracts.�
���� c.� If a political
subdivision, or an agency, authority, or instrumentality thereof, as
appropriate, decides to pay accumulated unused sick leave as supplemental
compensation to an officer or employee pursuant to this section:�
���� (1)� the number of accumulated
unused sick leave hours eligible for payment shall not exceed the equivalent of
three weeks sick leave;�
���� (2)� the number of accumulated
unused sick leave hours eligible for payment shall not cause the officer or employee
to have less than 100 working days of accumulated sick leave per year; and
���� (3)� the payment of
accumulated unused sick leave shall not occur more than once per calendar year
on a date determined by the political subdivision, or an agency, authority, or
instrumentality thereof, as appropriate.�
���� d. The supplemental compensation
for the payment of accumulated unused sick leave after the effective date of
P.L. , c. (C. ) (pending
before the Legislature as this bill), or after the expiration of a collective
negotiations agreement or individual contract of employment with a relevant
provision applicable to that officer or employee in effect on that date, shall
be computed at a rate not to exceed 60 percent of the eligible officer�s or
employee�s daily rate of pay for each day of accumulated unused sick leave
based upon the salary or wage received during the year the leave was earned,
with such rate to be determined by the employer or through a contract or
agreement.� An officer or employee who, on the effective date of P.L.�� , c.�� (C.��
) (pending before the Legislature as this bill), or upon the expiration of a
collective negotiations agreement or individual contract of employment with a
relevant provision applicable to that officer or employee in effect on that
date, has accrued 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 remaining credited on the date of
retirement.
���� The political subdivision, or
an agency, authority, or instrumentality thereof, as appropriate, shall develop
such procedures for sick leave record keeping as may be necessary to ensure
compliance with this section.� The political subdivision of the State, or an
agency, authority, or instrumentality thereof, may require an officer or
employee who uses sick leave that is earned after the effective date or
expiration date noted above to use that leave in a certain order based on when
the leave was earned, and such a requirement shall not be subject to collective
negotiations agreements or contract negotiations.
���� e. At no time shall the
political subdivision, or an agency, authority, or instrumentality thereof, as
appropriate, authorize or accept a special emergency appropriation to provide
funds for the payment of accumulated unused sick leave pursuant to this section.
���� f.� 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 political
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.
���� 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, may pay the accumulated
unused sick leave earned by an officer or employee as supplemental compensation
to that officer or employee, as further provided in this section.�
���� b.� The payment of accumulated
unused sick leave to an officer or employee shall be at the sole discretion of
the political subdivision, or an agency, authority, or instrumentality thereof,
as appropriate, and shall not be subject to collective negotiation agreements
or individual contracts.�
���� c.� If a political
subdivision, or an agency, authority, or instrumentality thereof, as
appropriate, decides to pay accumulated unused sick leave as supplemental
compensation to an officer or employee pursuant to this section:�
���� (1)� the number of accumulated
unused sick leave hours eligible for payment shall not exceed the equivalent of
three weeks sick leave;�
���� (2)� the number of accumulated
unused sick leave hours eligible for payment shall not cause the officer or employee
to have less than 100 working days of accumulated sick leave per year; and
���� (3)� the payment of
accumulated unused sick leave shall not occur more than once per calendar year
on a date determined by the political subdivision, or an agency, authority, or
instrumentality thereof, as appropriate.�
���� d.� The supplemental compensation
for the payment of accumulated unused sick leave after the effective date of
P.L. , c. (C. ) (pending
before the Legislature as this bill), or after the expiration of a collective
negotiations agreement or individual contract of employment with a relevant
provision applicable to that officer or employee in effect on that date, shall
be computed at a rate not to exceed 60 percent of the eligible officer�s or
employee�s daily rate of pay for each day of accumulated unused sick leave
based upon the salary or wage received during the year the leave was earned,
with such rate to be determined by the employer or through a contract or
agreement.� An officer or employee who on the effective date of P.L.�� , c.�� (C.��
) (pending before the Legislature as this bill), or upon the expiration of a
collective negotiations agreement or individual contract of employment with a
relevant provision applicable to that officer or employee in effect on that
date, has accrued 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 remaining credited on the date of
retirement.
���� The political subdivision, or
an agency, authority, or instrumentality thereof, as appropriate, shall develop
such procedures for sick leave record keeping as may be necessary to ensure
compliance with this section.� The political subdivision of the State, or an
agency, authority, or instrumentality thereof, may require an officer or
employee who uses sick leave that is earned after the effective date or
expiration date noted above to use that leave in a certain order based on when
the leave was earned, and such a requirement shall not be subject to collective
negotiations agreements or contract negotiations.
���� e. At no time shall the
political subdivision, or an agency, authority, or instrumentality thereof, as
appropriate, authorize or accept a special emergency appropriation to provide
funds for the payment of accumulated unused sick leave pursuant to this
section.
���� f.� 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 political
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.
���� 3. This act shall take effect
on January 1 next following the date of enactment.�
STATEMENT
���� Under current law, officers
and employees of a board of education, or an agency or instrumentality thereof,
a political subdivision of the State, or an agency, authority or
instrumentality thereof, or of an independent State authority, or public
institution of higher education eligible for payment for unused sick leave, may
receive a maximum payment of $15,000 as supplemental compensation for
accumulated unused sick.� The amount is 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 bill allows a political
subdivision of the State, or an agency, authority, or instrumentality thereof, regardless
of whether or not it has adopted the provisions of Title 11A Civil Service of
the New Jersey Statutes, may pay to an officer or employee the accumulated
unused sick leave earned by that officer or employee on an annual basis, beyond
the $15,000 permitted at retirement by current law.� The payment of sick leave will
be at the sole discretion of the political subdivision, or an agency, authority,
or instrumentality thereof, as appropriate, and it will not be subject to
collective negotiation agreements or individual contracts.�
���� If a political subdivision, or
an agency, authority, or instrumentality thereof, as appropriate, decides to pay
unused sick leave, the bill specifies that:� the number of sick leave hours
eligible for payment cannot exceed the equivalent of three weeks sick leave;
the number of sick leave hours eligible for payment cannot cause the employee
to have less than 100 working days of sick leave per year; and the payment of
supplemental compensation cannot occur more than once per calendar year.�
���� Under current law, the
supplemental compensation is computed at the rate of one-half of the eligible
employee�s daily rate of pay for each day of accumulated sick leave based upon
the compensation received during the last year of employment.�
���� Under the bill, the
supplemental compensation for accumulated unused sick leave after the effective
date of the bill, or after the expiration of a collective negotiations
agreement or individual contract of employment in effect on that date, will be
computed at a rate not to exceed 60 percent of the eligible officer�s or
employee�s daily rate of pay for each day of accumulated sick leave based upon
the salary or wage received during the year the leave was earned.� An officer
or employee who uses sick leave that is earned after that effective date or
expiration date may be required to use their leave in a certain order based on
when the leave was earned, and such a requirement will not be subject to
collective negotiations agreements or individual contracts.
���� Under current law, a political
subdivision, or an agency, authority, or instrumentality thereof, as
appropriate, may, when necessary, request a special emergency appropriation to
provide funds for supplemental compensation of unused sick leave.� Under the
bill, at no time may the political subdivision, or an agency, authority, or
instrumentality thereof, as appropriate, authorize or accept a special
emergency appropriation to provide funds to buyback unused earned sick leave.�
���� This bill does not apply to
local boards of education.