N.J.A.C. 4A:2-6.2 Resignation not in good standing
N.J.A.C. 4A:2-6.2, Resignation not in good standing. If an employee resigns without complying with the required notice in N.J.A.C. 4A:2-6.1, he or she shall be held as having resigned not in good standing. (b) Full text with 3 recorded amendments, 122 citing decisions.
Current through New Jersey Register, Vol. 58 No. 14, July 20, 2026. Reviewed as of July 26, 2026.
This is an annotated mirror, not the official publication. Verify against the Civil Service Commission before relying on it.
In plain language
You can land here without ever writing a resignation letter. Absence from duty for five or more consecutive business days without a superior approval counts as abandoning the position, and so does failing to return for five or more consecutive business days after an approved leave ends. Both are recorded as a resignation not in good standing, though the rule adds that approval of an absence and a request to extend leave shall not be unreasonably denied. The third route is quitting without the 14 days notice 4A:2-6.1 requires. None of this is unchallengeable. The employee must be given notice and an opportunity for a departmental hearing under 4A:2-2.5, then a Final Notice and a right of appeal to the Commission under 4A:2-2.8, the same machinery as major discipline, and is in unpaid status while the departmental decision is pending. If the resignation is reversed, the remedies at 4A:2-2.10 apply, and either the appointing authority or the Commission may modify it to an appropriate penalty or to a resignation in good standing. That last option matters afterwards: 4A:4-7.10 limits regular reemployment consideration to permanent employees who resigned in good standing, received a general resignation, retired, or voluntarily demoted.
Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:2-6.2. It is a description of the rule, not the rule itself, and not legal advice.
(a) If an employee resigns without complying with the required notice in N.J.A.C. 4A:2-6.1, he or she shall be held as having resigned not in good standing. #
(b) Any employee who is absent from duty for five or more consecutive business days without the approval of his or her superior shall be considered to have abandoned his or her position and shall be recorded as a resignation not in good standing. Approval of the absence shall not be unreasonably denied. #
(c) An employee who has not returned to duty for five or more consecutive business days following an approved leave of absence shall be considered to have abandoned his or her position and shall be recorded as a resignation not in good standing. A request for extension of leave shall not be unreasonably denied. #
(d) Where an employee is resigned not in good standing under (a), (b), or (c), the employee shall be provided with notice and an opportunity for a departmental hearing under N.J.A.C. 4A:2-2.5, and Final Notice and a right to appeal to the Civil Service Commission under N.J.A.C. 4A:2-2.8. An employee shall be in unpaid status pending the departmental decision. Should an employee seek to return to employment pending the departmental decision, a review under N.J.A.C. 4A:2-2.5(b) shall be conducted prior to continuation of the unpaid status. #
(e) Where the resignation is reversed, the employee shall be entitled to remedies under N.J.A.C. 4A:2-2.10. #
(f) The appointing authority or the Commission may modify the resignation not in good standing to an appropriate penalty or to a resignation in good standing. #
What resigning not in good standing costs you
You may carry this label without ever having resigned. Three routes lead to it, and only the first involves you quitting: leaving without giving the appointing authority the 14 days written or verbal notice that a resignation in good standing requires. The other two are absence rules. Five or more consecutive business days away from duty without your superior's approval is treated as abandonment of your position and recorded as a resignation not in good standing, and so is failing to return for five or more consecutive business days after an approved leave of absence ends. The rule says approval of the absence shall not be unreasonably denied, and that a request to extend leave shall not be unreasonably denied, which is the hook for most disputes about it.
It is contested like a removal, not like a paperwork error. You must be given notice and an opportunity for a departmental hearing under the major discipline rules, then a Final Notice and a right of appeal to the Commission. That appeal runs 20 days from your receipt of the Final Notice, and receipt on a different date by your attorney or union representative does not move the deadline. You are in unpaid status while the departmental decision is pending, and if you try to return to work in the meantime, the immediate suspension review is conducted first. If the resignation is reversed you are entitled to the back pay, benefits and seniority remedies that apply to reversed discipline. The appointing authority or the Commission may also modify it to an appropriate penalty or to a resignation in good standing, so the outcome is not simply on or off.
The consequence the code actually states is narrow and specific: it closes the reemployment door. Regular reemployment is open to a permanent employee who resigned in good standing, received a general resignation, retired or voluntarily demoted, and the regular reemployment list is defined the same way. Police, sheriff's officer and fire reemployment lists are limited to former permanent uniformed members who resigned in good standing. A resignation not in good standing puts you outside every one of those definitions. Requests for reemployment also have to be made within the life of the list, three years from the date of resignation for a regular reemployment list.
Beyond that, Title 4A does not spell out a general penalty. The label is not among the listed causes for denying examination eligibility or appointment. Two of those causes could still be reached on the underlying facts, since removal from the public service for disciplinary reasons after an opportunity for a hearing and a prior employment history that relates adversely to the title are both about what happened rather than what it was called. How a future appointing authority weighs it is not something the rules settle.
Written by the NJ Civil Service Navigator editorial team. Every statement here traces to the rules cited on this page. It is not legal advice, and a collective agreement may change how these rules apply to you.
Amendment history
Rule numbers, effective dates and New Jersey Register citations as published. 3 recorded changes.
- AmendedR.2015 d.18647 N.J.R. 1689(a); 47 N.J.R. 2966(a)
- AmendedR.1992 d.41424 N.J.R. 2491(a); 24 N.J.R. 3716(a)
- date not statedPublic notice22 N.J.R. 3407(b)
How this rule has been applied
122 decisions have cited N.J.A.C. 4A:2-6.2. The list below is citations to those decisions, not the decisions. We have not written summaries for this section. A citation with no summary is deliberate: we do not paraphrase a decision we have not read. Nothing here is legal advice.
Appellate Division (2)
- , No. A-0834-07T1
- , No. A-5890-06T2
Civil Service Commission final determinations (72)
- In re Velazquez, Dep't of Transp.Docket CSV 01570-21
- In re Felipe, Paterson, Fire Dep'tDocket CSV 06456-20
- In re Gully, City of Newark, Dep't of Water & SewerDocket CSV 10578-20
- In re Whitehead, City of East Orange, Dep't of Policy, Planning & Dev.Docket CSV 11252-20
- In re Elliott, Vineland Dev. Ctr., Dep't of Human Servs.Docket CSV 10528-19
- In re A.G., City of Newark, CSC Docket No. 2017-822Docket 2017-822
- In re Wooding New Jersey City Univ., CSC DKT. NO. 2016-734
- In re Kinion, City of Paterson, CSC Dkt. No. 2017-1633
- In re Morrison, Newark Dep't of Eng'r., CSC DKT. NO. 2014-1671
- In re Lovett, Newark Sch. Dist.Docket CSV 15460-13
- In re Lane, Trenton Psychiatric Hosp. Dep't of Human Servs.Docket CSV 1366412
- In re Lumford, Hudson Cnty., Dep't of Roads & Public Prop., CSC DKT. NO. 2013-2694Docket CSV 05761-13cites (b)
- In re James Brice, Newark Public SchoolsDocket CSV 10082-12cites (b)
- In re SmithDocket CSV 241-09
- Fuller v. New Jersey Department of Environmental Protection97 N.J.A.R.2d (CSV) 688
- Wright v. Burlington County Juvenile Detention Center97 N.J.A.R.2d (CSV) 555
- Aikens v. Riverfront State Prison97 N.J.A.R.2d (CSV) 422
- Roberts v. Thomas Edison State College97 N.J.A.R.2d (CSV) 382
- Hargis v. Forensic Psychiatric Hospital97 N.J.A.R.2d (CSV) 335
- Gilmore v. Veteran's Memorial Home97 N.J.A.R.2d (CSV) 332
- Miles v. Woodbridge Developmental Center97 N.J.A.R.2d (CSV) 222
- Bogar v. Department of Human Resources97 N.J.A.R.2d (CSV) 189
- Niosi v. Department of Public Works97 N.J.A.R.2d (CSV) 161
- Gregg v. Woodbine Developmental Center96 N.J.A.R.2d (CSV) 594
- Littlejohn v. Division of Medical Assistance and Health Services96 N.J.A.R.2d (CSV) 471
- Hall v. Bayside State Prison96 N.J.A.R.2d (CSV) 466
- Clougher v. Hazlet Township96 N.J.A.R.2d (CSV) 102
- Davis v. North Princeton Developmental Center95 N.J.A.R.2d (CSV) 674
- White v. City of Newark Police95 N.J.A.R.2d (CSV) 599
- Telfair v. Woodbine Developmental Center95 N.J.A.R.2d (CSV) 501
- McGee v. Bergen County Utilities95 N.J.A.R.2d (CSV) 486
- Giglio v. Department of Labor95 N.J.A.R.2d (CSV) 367
- Mills v. Montgomery Medical Home95 N.J.A.R.2d (CSV) 353
- Rodriquez v. Department of Corrections95 N.J.A.R.2d (CSV) 254
- Matter of Wilkins95 N.J.A.R.2d (CSV) 203
- Bucci v. Department of Human Services95 N.J.A.R.2d (CSV) 111
- Lisowski v. Department of Buildings95 N.J.A.R.2d (CSV) 98
- Lisowski v. Buildings and Operations Department, Camden County95 N.J.A.R.2d (CSV) 98
- Williams v. City of Trenton95 N.J.A.R.2d (CSV) 87
- Washington v. Department of Human Services95 N.J.A.R.2d (CSV) 1
- Boisvert v. Sea Isle City. 94 N.J.A.R.2d (CSV) 571.94 N.J.A.R.2d (CSV) 571
- Randall v. City of Newark Housing Authority94 N.J.A.R.2d (CSV) 477
- Goel v. Newark Department of Engineering94 N.J.A.R.2d (CSV) 546
- Bogdan v. Garden State Reception and Youth Correctional Facility94 N.J.A.R.2d (CSV) 426
- LaBenz v. Cape May County Department of Facilities and Services94 N.J.A.R.2d (CSV) 88
- Wilkins v. Bergen County Board of Social Services93 N.J.A.R.2d (CSV) 780
- McNeil v. Department of Transportation93 N.J.A.R.2d (CSV) 742
- Williams v. Northern States Prison93 N.J.A.R.2d (CSV) 701
- Singley v. Woodbridge Developmental Center93 N.J.A.R.2d (CSV) 606
- Lee v. Monmouth County Department of Public Works93 N.J.A.R.2d (CSV) 452
- Boston v. Woodbridge Developmental Center, State Dept. of Human Services93 N.J.A.R.2d (CSV) 413
- Boston v. Woodbridge Developmental Center93 N.J.A.R.2d (CSV) 413
- Randall v. Newark Housing Authority93 N.J.A.R.2d (CSV) 185
- Key v. New Lisbon Developmental Center93 N.J.A.R.2d (CSV) 138
- Green v. Gloucester County Board of Social Services93 N.J.A.R.2d (CSV) 36
- Lick v. Trenton Public Works Department92 N.J.A.R.2d (CSV) 765
- Cooke v. Monmouth County Board of Social Service92 N.J.A.R.2d (CSV) 666
- Reardon v. Monmouth County92 N.J.A.R.2d (CSV) 583
- Miller v. Crest Haven Nursing Home, Cape May County92 N.J.A.R.2d (CSV) 560
- Turner v. Newark Housing Authority92 N.J.A.R.2d (CSV) 403
- Drakeford v. North Jersey Development Center92 N.J.A.R.2d (CSV) 333
- Thomas v. Northern State Prison92 N.J.A.R.2d (CSV) 329
- Powell v. North Princeton Developmental Center92 N.J.A.R.2d (CSV) 301
- Estate of Hoffman v. State Dept. of Corrections92 N.J.A.R.2d (CSV) 286
- Tierney v. State Department of the Treasury92 N.J.A.R.2d (CSV) 229
- Mason v. Cumberland County92 N.J.A.R.2d (CSV) 210
- Carvale v. Department of Public Works, City of Trenton92 N.J.A.R.2d (CSV) 187
- Martin v. Forensic Psychiatric Hospital92 N.J.A.R.2d (CSV) 179
- Eigenmann v. Vineland Developmental Center92 N.J.A.R.2d (CSV) 136
- Moore v. Central Transp., New Jersey Dept. of Corrections92 N.J.A.R.2d (CSV) 98
- Johnson v. City of Camden Police Dept.91 N.J.A.R.2d (CSV) 13
- Valluzzi v. Bergen County10 N.J.A.R. 89
Office of Administrative Law initial decisions (48)
- In re Turner, N.J. Dep’t of Military & Veterans' AffairsDocket CSV 10638-24
- In re Bartos, Dep't of Transp.Docket CSV 08374-20cites (b)
- In re Velazquez, Dep't of Transp.Docket CSV 01570-21
- In re Marinnie, Dep't of Human Servs., Trenton Psych. Hosp.
- In re Sanchez, Town of West N.Y., Dep't of Parks & Pub. Prop.Docket CSV 05728-18
- In re Swaggerty, Atlantic Cnty. Dep't of Cmty. Dev. & Econ. AssistanceDocket CSV 05604-17
- Waddleton v. City of Jersey CityDocket LID 16351-16
- In re Calloway, Northern State Prison, Dep't of Corrs.
- In re Mitchell, Borough of Wildwood Crest Dep't of Pub. SafetyDocket CSV 12849-12
- In re Hines, Woodbine Developmental Ctr., Dep't of Human Servs.Docket CSV 15927-16
- In re Kinion, City of Paterson, Div. of Bus. Admin.Docket CSV 03717-17
- (CONSOLIDATED)
- Mendez v. City of Newark, Water & Sewers, OAL DOCKET NO. CSV 15234-16
- In re Lourenco, City of Newark, Water & Sewer Utils.Docket CSV 03945-12
- In re Wint, Jersey City Pub. Schls.Docket CSV 8575-15
- In re Petti, Ocean Cty. Health Dep'tDocket CSV 13806-13
- In re Ruggiero, City of Hoboken Dep't of Transp. & ParkingDocket CSV 17224-13cites (b)
- Manuel Suarez v. Town of West New York Dep't. of Public SafetyDocket 2013-2438cites (b)
- In re Ravin Morrison, City of Newark Dep't. of Eng'g.Docket CSV 00844-14
- In re Jackie Lovett, State-Operated Sch. Dist. of the City of NewarkDocket CSV 15460-13
- In re Cassandra E. Jones, Essex County, Department of Citizen ServicesDocket CSV 00037-13
- In re Marcia Davis, Mountainview Juvenile Correction Facility, Department of CorrectionsDocket CSV 07672-12cites (c)
- In re Linda Tisby, Camden Cnty. Corr. Facility
- In re Linda Tisby, Camden Cnty. Corr. Facilitycites (b)
- In re McClain, City of Newark Police Dep'tcites (b)
- In re JacksonDocket CSV 10620-08
- In re WhiteDocket CSV 060-09
- In re BridgesDocket CSV 7819-07
- In re MontgomeryDocket CSV 02307-08
- In re SimisakDocket CSV 6156-08
- In re MickensDocket CSV 07248-08
- In re CannuliDocket CSV 4533-07
- In re UhlandDocket CSV 08226-02
- In re HidalgoDocket CSV 4029-07
- In re HammieDocket CSV 4526-07
- In re PurkettDocket CSV 13063-05cites (b)
- In re Morrison, City of NewarkDocket CSV03885-07
- Docket CSV 00478-07cites (c)
- In re BraswellDocket CSV 09148-06
- In re PorterDocket CSV 1146-06
- In re DunmoreDocket CSV 8687-05
- In re PearnDocket CSV 7739-05
- In re HarrisDocket CSV 03968-05cites (b)
- In re MortimerDocket CSV 6378-05
- In re TaylorDocket CSV 2842-05
- In re AmparbinDocket CSV 1547-03cites (b)
- In re HuntDocket CSV 11479-04
- In re SykesDocket CSV 4461-04
Commission decisions citing 4A:2-6.2
6 decisions of the Civil Service Commission since January 16, 2019 cite this section (penalty upheld 2, penalty modified 1, sent back to the office of administrative law 1, as the minutes record the outcome). The newest:
- In the Matter of Barbara Diller, Hunterdon Developmental Center, Department of Human Services CSC Docket No. 2022-1725 · September 2, 2026 · Discipline · Penalty modified
- In the Matter of Iris Vazquez, Department of Human Services, Central Office CSC Docket No. 2025-2611 · October 15, 2025 · Request for enforcement · Sent back to the Office of Administrative Law
- In the Matter of Kimberly Mitchell, Cumberland County, Sheriff’s Department CSC Docket No. 2025-1538 · September 24, 2025 · Request for reconsideration · Different results for different parties
- In the Matter of James Bartos, Department of Transportation CSC Docket No. 2021-177 · July 19, 2023 · Discipline · Penalty upheld
- In the Matter of Shannon Thomas, Essex County, Department of Citizen Services CSC Docket No. 2022-30 · March 15, 2023 · Discipline · Penalty upheld