N.J.A.C. 4A:3-5.8 Holiday pay: State service
N.J.A.C. 4A:3-5.8, Holiday pay: State service. Full-time and part-time employees in fixed workweek titles shall be entitled to overtime compensation in addition to their regular rate of compensation for Full text with 1 recorded amendment, 1 citing decision.
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
Holiday work divides the way the rest of the subchapter does. An employee in a fixed workweek title who works on a holiday receives overtime compensation on top of regular compensation for all work performed, and unusually, does not need to have been in pay status for a full workweek to qualify. An employee in a non-limited title gets no overtime for holiday work, though anyone in a title below agency head may be granted comparable time off up to hour for hour at the appointing authority discretion. Seven day coverage operations have three rules of their own, and one of them bites: if the holiday falls on a regular workday and the employee does not report for duty, there is neither overtime nor an alternate day off. A holiday landing on a regular day off produces an additional day off in the same workweek. An employee who swaps a holiday for a day of personal preference carries the holiday treatment onto that day if required to work it.
Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:3-5.8. It is a description of the rule, not the rule itself, and not legal advice.
(a) Full-time and part-time employees in fixed workweek titles shall be entitled to overtime compensation in addition to their regular rate of compensation for all work performed on a holiday, except as provided in (d) below, even if they are not in pay status for a full workweek. #
(b) Employees in non-limited titles are not entitled to overtime compensation for work performed on a holiday, except as provided in N.J.A.C. 4A:3-5.6. However, those in titles below that of agency head may, at the discretion of the appointing authority, be granted comparable time off to a maximum of hour for hour for such work in addition to their regular rate of compensation. #
(c) The following shall govern overtime compensation for full-time and part-time employees in fixed workweek titles who are employed in a seven day coverage operation: #
1. If a holiday occurs on a regular workday of an employee, the employee is entitled to overtime compensation for all work performed on that holiday in addition to the regular rate of compensation. #
2. If a holiday occurs on a regular day off, an employee shall be given an additional day off in the same workweek. If, as a result of an emergency, the employee is required to work on the additional day, he or she shall be entitled to overtime compensation for all work performed on the additional day. #
3. If a holiday occurs on a regular workday of an employee and the employee does not report for duty, he or she shall not be eligible for overtime compensation or an alternate day off for that holiday. #
(d) A part-time or full-time employee in a fixed workweek title, in conjunction with his or her appointing authority, may agree to work on a holiday in exchange for a specified day of personal preference off. If the employee is required to work on the specified personal preference day, she or he shall be entitled to overtime compensation for all hours worked on the personal preference day as if that day were the holiday. #
(e) Eligibility for overtime compensation for temporary employees shall be as follows: #
1. Unless permitted by a negotiated labor contract, temporary employees shall not be entitled to overtime compensation for work performed on a holiday, except as provided in N.J.A.C. 4A:3-5.5(a)(4). #
2. Unless permitted by a negotiated labor contract, temporary employees shall not be entitled to any form of compensation for a holiday not worked. #
Amendment history
Rule numbers, effective dates and New Jersey Register citations as published. 1 recorded change.
- AmendedR.1993 d.42425 N.J.R. 1916(a); 25 N.J.R. 4064(a)
How this rule has been applied
1 decision has cited N.J.A.C. 4A:3-5.8. 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.
Civil Service Commission final determinations (1)
- In re Tinishia Williams, Dep't of Human Servs., CSC Docket No. 2014-19702014 N.J. CSC LEXIS 633Docket 2014-1970
This rule points to
- 4A:3-5.5 Federal fair labor standards applicable to more than 40 hours in a workweek for 35, 40 and NE titles: State service
- 4A:3-5.6 Federal fair labor standards applicable to more than 40 hours in a workweek for 3E, 4E, NL, and N4 titles: State service
Elsewhere in Overtime Compensation
- 4A:3-5.1 General provisions
- 4A:3-5.2 Definitions: State service
- 4A:3-5.3 40 hours or less in a workweek: State service
- 4A:3-5.4 Criteria for exemption from Federal Fair Labor Standards Act: State service
- 4A:3-5.5 Federal fair labor standards applicable to more than 40 hours in a workweek for 35, 40 and NE titles: State service
- 4A:3-5.6 Federal fair labor standards applicable to more than 40 hours in a workweek for 3E, 4E, NL, and N4 titles: State service
- 4A:3-5.7 Special circumstances: State service
- 4A:3-5.9 Appointing authority responsibilities: State service
- 4A:3-5.10 Appeal procedures: State service