Bill > A3534

Introduced Session

This bill implements the recommendations of the State Commission of Investigation as set forth in its report of May 2012 entitled "Union Work Public Pay: The Taxpayer Cost of Compensation and Benefits for Public-Employee Union Leave." The provisions of this bill apply to the State, counties, municipalities, school districts, independent authorities, and institutions of higher education as public employers. This bill authorizes a public employer to grant an unpaid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such an unpaid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum names the public employee or describes the public employee who is eligible for the unpaid leave of absence and specifies the commencement date and termination date of the leave of absence. The public employer may also grant a paid leave of absence to any employee elected or appointed as an officer or representative of a labor organization that represents, or is affiliated with a labor organization that represents, the public employees of the employer only if such a paid leave of absence is provided for in a collective negotiations agreement between the employer and the labor organization, or in an addendum to such an agreement, and that agreement or addendum: (1) names the public employee or describes the public employee who is eligible for the paid leave absence; (2) specifies the commencement date and termination date of the leave of absence; and (3) requires the labor organization to reimburse the employer in advance, on a schedule provided in the agreement or addendum, for payments to be made by the employer to the employee or on behalf of that employee for compensation and benefits. The amount of the reimbursement required must include the amount paid by the employer to the employee for salary, wages, allowances, bonuses, longevity pay, reimbursements, or other supplemental compensation, the amount paid by the employer on behalf of the employee for benefits including for health care benefits coverage and for contributions to any retirement program or plan, and the amount paid by the employer on behalf of the employee for any taxes, fees, dues, or other payments including those required by State or federal law or a collective bargaining agreement or addendum to such an agreement. A public employee would not commence an unpaid or paid leave of absence until the employer has notified, in writing, the Division of Pensions and Benefits in the Department of the Treasury, and when appropriate the Department of Community Affairs, the Civil Service Commission, and the Department of Education, of the name of the public employee, the commencement date and termination date of the leave of absence, and whether the employee will be on an unpaid or paid leave of absence. The employer must notify the division when a public employee's unpaid or paid leave of absence has been terminated, with the notification to occur no later than three business days following the termination date. The maximum period for such paid and unpaid leaves of absence would be a subject of negotiation between the employer and labor organization. The bill requires a public employer to maintain a single file that contains: the name, title, and position of each public employee who is on an unpaid or paid leave of absence; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of the reimbursement required; and proofs of the notifications required. The information in this file must be available to the public for inspection, copying, and examination as a government record. Each collective negotiations agreement and any addendum to such an agreement that contains a provision relevant to an unpaid or paid leave of absence provided for in this section must be filed with the New Jersey Public Employment Relations Commission. The initial file must be prepared and complete within 30 days after the bill's effective date and transmitted to the appropriate State agency. For public employees who are on unpaid or paid leaves of absence on the bill's effective date, the file must contain: the name, title, and position of each such public employee; whether the leave is in accordance with the provisions of a collective negotiations agreement or an addendum to such an agreement; the commencement date and termination date of the leave of absence; copies of the provisions of each collective negotiations agreement or addendum to such an agreement providing for such leave of absence for each employee named; proofs of the payments of any reimbursement required; and proofs of the notifications that may have been made. If there is no collective negotiations agreement or an addendum to such an agreement that provides for, through specific language or general reference, an unpaid or paid leave of absence for an employee, a record in the file must describe the circumstances and conditions under which the leave of absence was granted and whether it is an unpaid or paid leave of absence. If on the bill's effective date a public employee is on an unpaid or paid leave of absence that is not provided for, through specific language or a general reference, in a collective negotiations agreement or an addendum to such an agreement, the leave of absence for that public employee will be terminated on the 120th day following that effective date unless the requirements for such an unpaid or paid leave of absence specified in the bill are met by the 120th day.

Committee Categories

Harold Wirths (R)*,  Parker Space (R), 

Introduced, Referred to Assembly State and Local Government Committee (on 03/05/2018)