NJ Civil Service Navigator

N.J.A.C. 4A:6-1.20 Leave to appear as a witness: State service

N.J.A.C. 4A:6-1.20, Leave to appear as a witness: State service. State employees in the career or senior executive service shall be granted time off with pay to appear as a witness or a party before a judicial or administ Full text with 1 recorded amendment.

Leaves, Hours of Work, and Employee Development · Leaves of Absence

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

Whether the appearance is paid turns on two questions: is it part of the job, and are you a party. State employees in the career or senior executive service get time off with pay to appear as a witness or a party before a judicial or administrative body or a legislative committee when the appearance is part of the job function, and where it falls on a normal day off it is compensated under the overtime rules at 4A:3-5.1. When the appearance is not part of the job function the answer splits. Time off is with pay where the employee is summoned as a witness in a proceeding they are not a named party to, and without pay where they are a party. One case is carved out of that split: attending your own workers compensation proceeding is time off with pay. Unclassified State employees may be granted the leave with or without pay, at the discretion of the appointing authority.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:6-1.20. It is a description of the rule, not the rule itself, and not legal advice.

(a) State employees in the career or senior executive service shall be granted time off with pay to appear as a witness or a party before a judicial or administrative body or legislative committee when such appearance is part of the job function. If an employee appears as a witness or a party during his or her normal day off, the employee shall be compensated as provided in the rules governing overtime compensation. See N.J.A.C. 4A:3-5. #

(b) When appearance before a judicial or administrative body is not part of the job function, a State employee in the career or senior executive service shall be granted time off with pay when summoned as a witness in a proceeding to which he or she is not a named party, and shall be granted time off without pay to appear at a proceeding to which he or she is a party. However, an employee is entitled to time off with pay to attend his or her workers' compensation proceeding. #

(c) State unclassified employees may be granted such leave with or without pay at the discretion of the appointing authority. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 1 recorded change.

  1. Amended

Elsewhere in Leaves of Absence