N.J. Admin. Code § 4A:8-2.1

Current through Register Vol. 56, No. 16, August 19, 2024

Section 4A:8-2.1 - Types of layoff rights

(a) A lateral title right means the right of a permanent employee to exercise displacement rights as set forth in 4A:8-2.2against an employee in the layoff unit holding a title determined to be the same or comparable to the affected title of the employee. For a probationary employee, a lateral title right means the right to fill a vacant position or displace a provisional or probationary employee in the same title. Title comparability shall be determined by the Chairperson or designee based on the following criteria:

1. The title(s) shall have substantially similar duties and responsibilities and the same class code;

2. The education and experience requirements for the title(s) are the same or similar and the mandatory requirements shall not exceed those of the affected title;

3. There shall be no special skills, licenses, certification or registration requirements which are not also mandatory for the affected title; and

4. Any employee in the affected title with minimal training and orientation could perform the duties of the designated title by virtue of having qualified for the affected title.

(b) A demotional title right means the right of a permanent employee to exercise displacement rights as set forth in 4A:8-2.2against an employee in the layoff unit holding a title determined to be lower than, but related to the affected title of the employee. Demotional title rights shall be determined by the Chairperson or designee based on the following criteria:

1. The title(s) shall have lower but substantially similar duties and responsibilities and, where applicable, a lower class code;

2. The education and experience requirements for the title(s) shall be similar and the mandatory requirements shall not exceed those of the affected title;

3. Special skills, licenses, certification or registration requirements shall be similar and not exceed those which are mandatory for the affected title; and

4. Any employee in the affected title with minimal training and orientation could perform the duties of the designated title by virtue of having qualified for the affected title.

(c) A special reemployment right means the right of a permanent employee, based on his or her permanent title at the time of the layoff action, to be certified for reappointment after the layoff action to the same, lateral, and lower related titles. Special reemployment rights shall be determined by the Chairperson or designee in the same manner as lateral and demotional rights.

1. A special reemployment list from one governmental jurisdiction shall not be certified to another jurisdiction.

i. In local service, for purposes of this chapter, an autonomous agency shall be considered a separate jurisdiction. An autonomous agency is one which, by statute, is a body corporate and has the powers of an appointing authority.

ii. In State service, the entire State government constitutes a single jurisdiction.

(d) EEmployees serving in a specialized credential variant title shall have title rights based upon the special credentialing, provided that the employees are serving in a specialized credential variant title on or before submission of the layoff plan, see 4A:8-1.4. Specialized credentialing shall be based upon at least one of the following, upon approval by the Chairperson or designee:

1. Licensure or certification;

2. Specialized education;

3. Specialized client-based or program experience; or

4. Service as a trainee in a specialized area of operation leading to advancement to a primary title with specialized credentialing.

(e) Affected negotiations representatives shall be given reasonable notice and permitted to be present at any meeting with individual employees where layoff rights are discussed.

(f) See 4A:8-2.2 for the exercise of lateral and demotional title rights, and see 4A:8-2.3 for the exercise of special reemployment rights.

N.J. Admin. Code § 4A:8-2.1

Amended by 48 N.J.R. 2780(a), effective 12/19/2016