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N.J.A.C. 4A:3-3.8 Intermittent titles

N.J.A.C. 4A:3-3.8, Intermittent titles. In State service and in local service upon approval of the Chairperson or designee, the designation "intermittent" shall be used for those titles in the car Full text with 4 recorded amendments, 5 citing decisions, cited by 3 other rules.

Classification, Services, and Compensation · Classification

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

A furlough here is not a layoff, and saying so is the point of subsection (b)1. Intermittent titles cover career service work with unpredictable schedules that does not fit a regular year-round full-time or part-time assignment. When managerial needs mean an intermittent employee cannot be scheduled in the coming week, the appointing authority may furlough them, and none of the layoff notice obligations or layoff rights apply, though reasonable advance written notice is still owed. Furloughing goes in inverse seniority order within a designated work unit the Chairperson has approved, and recall runs in seniority order from that same unit. Anyone holding full-time primary State employment cannot serve in an intermittent title and is exempt from the recall provision. Records are auditable, and an audit finding the intermittent designation inappropriate converts the title to a regular career service title, with the incumbent moved to a provisional appointment subject to testing and certification. Local service needs the Chairperson approval of titles, prorated leave and rates first.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:3-3.8. It is a description of the rule, not the rule itself, and not legal advice.

(a) In State service and in local service upon approval of the Chairperson or designee, the designation "intermittent" shall be used for those titles in the career service where work responsibilities are characterized by unpredictable work schedules and which do not meet the normal criteria for regular, year-round, full-time or part-time assignments. State employees who hold full-time primary employment in State service are not eligible to serve in an intermittent title. #

(b) In State service, employees may be subject to furlough when, due to managerial needs, the employee cannot be scheduled for work within the next week. #

1. A furlough shall not be considered a layoff, nor shall the notice obligations or layoff rights set forth in N.J.A.C. 4A:8 be applicable to intermittent employees subject to furlough. However, reasonable advance written notice shall be given to furloughed employees. #

2. Furloughing shall be done in the inverse order of seniority in the designated work unit based on official records at the end of the last pay period. Prior to use by the appointing authority, designated work units must be submitted to and approved by the Chairperson or designee. #

3. Recall from furlough shall be made in seniority order from among furloughed employees assigned to the designated work unit. Employees who hold full-time primary employment in State service are exempt from the recall provision. #

4. In case of equal seniority, the tie shall be broken based on the number of hours in pay status under temporary employment during the last two years immediately preceding conversion to an intermittent title. #

5. Recall may be extended on a regional or Statewide basis if the recall list for the designated work unit is exhausted. #

6. Additional furlough procedures may be set by the Chairperson or designee. #

(c) Records for intermittent employees, including hours worked, recall lists, telephone contact lists and benefit time accumulation, shall be maintained by the appointing authority in a manner acceptable to, and subject to audit by, the Civil Service Commission. If the audit of a title demonstrates that the intermittent designation is inappropriate, the Chairperson or designee shall convert the title to a regular, year-round, full-time or part-time career service title. An incumbent in the converted title shall receive a provisional appointment to the title, subject to competitive testing and certification procedures. See N.J.A.C. 4A:4 . #

(d) See N.J.A.C. 4A:4-5.2 for working test periods for intermittent employees in State service. #

(e) In local service, an appointing authority may request that the Chairperson or designee establish intermittent titles. #

1. The local appointing authority shall submit to the Chairperson or designee a proposal, which shall specify: #

i. A list of proposed intermittent titles; #

ii. The prorated amounts of paid leave time; #

iii. The prorated length of the working test period for employees serving in such titles; and #

iv. A compensation plan which shall identify the per diem or hourly rates for all intermittent titles. #

2. The local appointing authority shall not make intermittent appointments unless the intermittent titles have been approved by the Chairperson or designee. Such appointments shall be made in accordance with procedures on appointments made to career service positions within the noncompetitive division. See N.J.A.C. 4A:3-1.2 . #

3. The local appointing authority shall retain all records concerning intermittent employment, subject to a representative of the Civil Service Commission's audit, and submit to the Chairperson or designee on an annual basis a report identifying all intermittent appointments made during the year, the intermittent employees' length of employment and the titles utilized for these intermittent appointments. #

(f) The following chart indicates the amount of vacation, sick and administrative leave to which intermittent employees in State service are entitled based on accumulated hours of work. See N.J.A.C. 4A:6-2.4(b) for holiday pay in State service. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 4 recorded changes.

  1. AmendedR.2017 d.100
    48 N.J.R. 2653(a); 49 N.J.R. 1182(a)
  2. AmendedR.2000 d.258
    32 N.J.R. 1111(a); 32 N.J.R. 2228(a)
  3. Amended
    29 N.J.R. 4363(a); 30 N.J.R. 382(b)
  4. AmendedR.1990 d.48
    21 N.J.R. 3337(a); 22 N.J.R. 166(b)

How this rule has been applied

5 decisions have cited N.J.A.C. 4A:3-3.8. 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.

New Jersey Supreme Court (2)
  • Headen v. Jersey City Bd. of Educ.212 N.J. 437; 55 A.3d 65; 2012 N.J. LEXIS 13252012
  • Headen v. Jersey City Bd. of Educ.212 N.J. 437; 55 A.3d 65; 2012 N.J. LEXIS 13252012
Civil Service Commission final determinations (3)
  • In re Intermittent Training Officer, Law Enforcement, CSC Docket No. 2020-18282020 N.J. CSC LEXIS 107Docket 2020-1828
  • In re Mason, Dep't of the Treasury, CSC Dkt. No. 2014-17622014 N.J. CSC LEXIS 813
  • In re Carolynn Thibault, Unemployment Insurance Clerk (PS8072N), Dep't. of Labor and Workforce Dev., CSC Dkt. No. 2013-2572013 N.J. CSC Lexis 67

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