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N.J.A.C. 4A:4-1.6 Interim appointments

N.J.A.C. 4A:4-1.6, Interim appointments. For purposes of this rule, the term "phasedown" shall mean a phased reduction in size of a government operation, in anticipation of a closing of the operati Full text with 3 recorded amendments, 2 citing decisions, cited by 1 other rule.

Selection and Appointment · Types of Appointments

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

When somebody is away but still holds the job, whoever fills it is an interim appointee. The rule is triggered by the status of the absent employee rather than by the length of the vacancy. An interim appointment must be made where the position in State service, or the title in local service, is held by a permanent employee who is on a leave of absence, on indefinite suspension, or who has been removed or demoted for disciplinary reasons and is waiting on final administrative action. That third case is the one worth noticing: while a disciplinary appeal is pending, the job is not vacant, because the person appealing may get it back. The section also defines phasedown, meaning a phased reduction in a government operation ahead of its closure.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:4-1.6. It is a description of the rule, not the rule itself, and not legal advice.

(a) For purposes of this rule, the term "phasedown" shall mean a phased reduction in size of a government operation, in anticipation of a closing of the operation. #

(b) When an appointing authority makes an appointment to a specific position in State service or a specific title in local service, an interim appointment shall be made where the position/title is held by a permanent employee who: #

1. Is on a leave of absence; #

2. Is on indefinite suspension; #

3. Has been removed or demoted for disciplinary reasons and is awaiting final administrative action by the Civil Service Commission on appeal; or #

4. Has accepted an interim appointment. #

(c) An interim appointment may be made where the position/title will be abolished at a future date pursuant to a closing or phasedown of a government operation. Such an interim appointment may be made only following official notification to the Chairperson or designee by the applicable department head, in State service, or by the appointing authority, in local service, of the closing or phasedown. #

(d) An interim appointment may also be made to a vacant position/title in a government operation not scheduled for a closing or phasedown where: #

1. An employee of a government operation scheduled for a closing or phasedown has accepted a reassignment to that government operation; #

2. Due to operational requirements, the employee is needed by the governmental operation scheduled for the closing or phasedown while it continues to operate; #

3. The government operation not scheduled for a closing or phasedown needs to fill the vacant position/title to which the employee would have been reassigned; and #

4. The notification requirements in (c) above are met. #

(e) When an appointing authority does not make an appointment in the situations listed in (b) above, the appointing authority shall reserve a position/title for the absent employee as a vacant position/title. #

(f) Any interim appointment shall remain in effect only during the period of time that the permanent employee is on an approved leave of absence, on indefinite suspension, or awaiting final administrative action of the Civil Service Commission on the appeal of a disciplinary demotion or removal, or during the period leading up to the date on which the closing or phasedown of the government operation is scheduled to conclude. #

1. At the end of the interim appointment, the appointee shall return to his or her permanent title. #

(g) An interim appointee shall possess the minimum qualifications for the title. #

(h) If a complete eligible list exists for the title, the interim appointment shall be made from that list. An interim appointee's name shall remain on the eligible list for consideration for permanent employment. #

1. If the closing or phasedown of a government operation is rescinded after an interim appointment has been made from an eligible list, the interim appointee who was appointed from the eligible list shall receive a permanent appointment subject to the satisfactory completion of a working test period, regardless of whether the eligible list has already expired. Upon completion of a current working test period, the interim appointee will receive a retroactive permanent appointment date consistent with the date of his or her interim appointment from the eligible list. #

(i) An interim appointee shall continue to accrue seniority in his or her permanent title. #

(j) The layoff rights of an interim appointee shall be determined from his or her permanent title. See N.J.A.C. 4A:8-2. #

(k) The appointing authority shall advise interim appointees of their rights under an interim appointment. See N.J.A.C. 4A:4-4.7 for effect on permanent appointment rights. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 3 recorded changes.

  1. AmendedR.2017 d.142
    49 N.J.R. 492(a); 49 N.J.R. 2239(a)
  2. AmendedR.1996 d.174
    27 N.J.R. 4760(a); 28 N.J.R. 1832(a)
  3. AmendedR.1993 d.270
    25 N.J.R. 1085(b); 25 N.J.R. 2509(a)

How this rule has been applied

2 decisions have cited N.J.A.C. 4A:4-1.6. 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 (2)
  • In re Robert Zorn, Mercer County, CSC Dkt. No. 2011-4042013 N.J. CSC LEXIS 242
  • In re Carolina Ocampo, Senior Quality Control Reviewer (S0369P), CSC Dkt. No. 2013-7192013 N.J. CSC LEXIS 267

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