Authorizes PANYNJ employees to take military leave.

S4086

SENATE, No. 4086

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 4, 2026

Sponsored by:

Senator� RAJ MUKHERJI

District 32 (Hudson)

SYNOPSIS

���� Authorizes PANYNJ employees to take military leave.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning military leave for employees of the
Port Authority of New York and New Jersey and supplementing Title 32 of the
Revised Statutes.

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

���� 1.��� a.� As used in
P.L. , c.
(C. )
(pending before the
Legislature as this bill):�

���� �Employee� means those persons
employed at the Port Authority of New York and New Jersey, including, but not
limited to:� full-time and part-time employees, those employees on probation,
and temporary employees, whether or not represented by a labor organization.�

���� �Ordered military duty� means
any military duty performed in the service of the State of New Jersey or the
United States, including, but not limited to, attendance at any service
schools, or schools conducted by the United States Armed Forces, by an employee
as a member of any force of the organized militia or of any reserve force or
reserve component of the United States Armed Forces, pursuant to orders issued
by competent State or federal authority, with or without consent of such
employee.� �Ordered military duty� shall not include participation in routine
reserve officer training corps training, except when performing advanced
training duty as a member of a reserve component of the United States Armed
Forces.�

���� b.��� Every employee shall be
entitled to absent themselves and shall be deemed to have a leave of absence
from the employee�s duties or service as such public officer or employee while
engaged in the performance of ordered military duty and while going to and
returning from such duty.�

���� c.���� Every employee who is
or who becomes a voluntary member of any force of the organized militia or of
any reserve force or reserve component of the United States Armed Forces shall
be entitled to absent themselves and shall be deemed to have a leave of absence
from the employee�s duties or service as such employee while in attendance, as
a member of such force or reserve components, at any service school or schools
conducted by the United States Armed Forces and while going to and returning
from such school or schools, notwithstanding that orders for such attendance
are or may be issued with the consent of such public officer or employee.�

���� d.��� Every employee who is or
who becomes a member of any force of the organized militia, or of any reserve
force or reserve component of the United States Armed Forces, shall be entitled
to absent themselves and shall be deemed to have a leave of absence from the
employee�s duties or service as such public officer or employee while
performing, as a member of such force or reserve component, initial full-time
training duty or initial active duty for training with or in one of the United
States Armed Forces under the provisions of
P.L. ,
c. (C. )

(pending before the Legislature as this bill), the laws of the United States,
or both, and while going to and returning from such full-time training duty or
active duty for training, notwithstanding that orders for such duty are or may
be issued with the consent of such public officer or employee.�

���� e.���� Time during which an
employee is absent pursuant to the provisions of subsections b., c., and d. of
P.L. , c.
(C. )
(pending before the
Legislature as this bill) shall not constitute an interruption of continuous
employment and, notwithstanding the provisions of any general, special, or
local law, or the provisions of any city charter, no employee shall be
subjected, directly or indirectly, to any loss or diminution of time service,
increment, vacation or holiday privileges, or any other right or privilege, by
reason of such absence, or be prejudiced, by reason of such absence, with
reference to continuance in office or employment, reappointment to office,
re-employment, reinstatement, transfer, or promotion.�

���� f.���� (1)� An employee shall
be paid the employee�s salary or other compensation as an employee for any and
all periods of absence while engaged in the performance of ordered military
duty, and while going to and returning from such duty, not to exceed a total of
30 days or 22 working days, whichever is greater, in any one calendar year and
not to exceed 30 days or 22 working days, whichever is greater, in any one
continuous period of such absence.�

���� (2)�� An employee who served
in a combat theater or combat zone of operations, as documented by a copy of
the employee�s DD-214, certificate of release or discharge from active duty, or
other applicable Department of Defense documentation, shall be paid the employee�s
salary or other compensation as such employee for any and all periods of
absence while utilizing any health care-related services related to such duty,
not exceeding five working days, in any one calendar year.�

���� g.��� (1)� The amount of
required contributions to any pension or retirement system, of which an
employee who is absent while engaged in the performance of ordered military
duty is a member, shall be deducted from the employee�s salary or other
compensation as such employee as provided under
P.L. ,
c. (C. )
(pending
before the Legislature as this bill).� If the required contributions exceed the
amount of the employee�s salary or other compensation to which the employee is
entitled while engaged in the performance of military duty, the employee�s
salary or other compensation shall be applied upon the required contributions,
and the employee shall have the right to pay to such pension or retirement
system the amount by which such contributions exceed the employee�s salary or
other compensation.� The employee shall also have the right to pay to such
system, for any period of the absence during which the employee shall receive
no salary or other compensation as an employee, the amount that the employee
would have contributed to such system if the employee had been present and
continuously engaged in the performance of the duties of the employee�s
position during such period.�

���� (2)�� Such payments, other
than those deducted from the employee�s salary or other compensation as such
employee, may be paid from time to time at any time while engaged in such
ordered military duty or within five years after the date of termination of
such ordered military duty, or, in the event of the death of such employee
while engaged in ordered military duty, such payments, or any part thereof, may
be made by the named beneficiary or the legal representative of such employee�s
estate within one year following proof of the employee�s death.�

���� (3)�� To the extent that such
contributions are paid, the employee�s absence while engaged in the performance
of military duty shall be counted in determining the length of total service
under such pension or retirement system.�

���� (4)�� Any employee, while
engaged in the performance of ordered military duty, or the employee�s
beneficiary, as the case may be, shall be entitled to all the benefits of the
pension or retirement system of which the employee is a member, except
accidental disability retirement and accidental death benefit.�

���� 2.��� This act shall take
effect immediately but shall remain inoperative until the enactment into law of
legislation substantially similar to
P.L. ,
c. (C. )
(pending
before the Legislature as this bill) by the State of New York.� If such
legislation shall have been enacted by the State of New York prior to the
enactment of this act, this act shall take effect immediately.�

STATEMENT

���� This bill authorizes an
employee of the Port Authority of New York and New Jersey (PANYNJ) to take a
leave of absence from PANYNJ employment during ordered military duty or in
certain circumstances as a member of, or volunteer member of, any force of the
organized militia or of any reserve force or reserve component of the United
States Armed Forces.�

���� A PANYNJ employee�s leave of
absence authorized by the bill is not to constitute an interruption of
continuous employment and the employee is not to be subjected to loss of time
service, increment, vacation or holiday privileges, or any other right or privilege
or to be prejudiced regarding employment, reappointment, re-employment,
reinstatement, transfer, or promotion, due to the employee�s absence.�

���� The bill requires that PANYNJ
employees be paid their salary or other compensation during periods of absence
related to ordered military duty, not exceeding 30 days or 22 working days,
whichever is greater, in a calendar year and not exceeding 30 or 22 working
days, whichever is greater, in a continuous period of absence.�

���� A PANYNJ employee who served
in a combat theater or combat zone of operations is to be paid the employee�s
salary, or other compensation, for all periods of absence while utilizing
health care-related services related to such duty, not exceeding five working
days in a calendar year.�

���� The employee�s required
contributions to a pension or retirement system are to be deducted from the
employee�s salary or other compensation during the employee�s leave of
absence.� If the required contributions exceed the amount of the employee�s
salary or other compensation during the employee�s military duty, such salary
or other compensation is to be applied to the required contributions and the
employee may pay any remaining amount.�

���� The bill authorizes a PANYNJ
employee to pay the amount that the employee would have contributed to the
employee�s pension or retirement system if the employee had been present and
performing the employee�s duties.� Such payments, other than those deducted
from the employee�s salary or other compensation, may be paid during, or within
five years after the termination of, the employee�s ordered military duty.� If
the employee dies during ordered military duty, such payments may be made by
the named beneficiary or the legal representative of the employee�s estate
within one year following proof of death.� If such contributions are paid, the
employee�s absence during military duty is to be counted toward the length of
total service under such pension or retirement system.� Finally, an employee,
while engaged in the performance of ordered military duty, or the employee�s
beneficiary, is entitled to all the benefits of the employee�s pension or
retirement system, except accidental disability retirement and accidental death
benefits.�

���� The State of New York is
required to enact substantially similar legislation before this bill becomes
operative.�