NJ Civil Service Navigator

N.J.A.C. 4A:6-7.3 Telework program eligibility

N.J.A.C. 4A:6-7.3, Telework program eligibility. Positions suitable for telework include positions with duties that are portable and can be performed effectively and efficiently outside the official report

Leaves, Hours of Work, and Employee Development · Telework Program: State Service

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

Thirteen criteria decide whether a State employee is approved for telework, and two are about standing rather than the job: the performance evaluation system must reflect the ability to meet minimum performance expectations, and anyone currently subject to performance-based corrective action is ineligible, with employees on a performance improvement plan named explicitly. The rest ask whether the work travels. Duties and expectations achievable remotely, equipment and reference materials available, sensitive information and IT systems securely accessible, training and supervision workable remotely, customer contact not prohibitive, operational needs permitting, and consistency with the New Jersey First Act. Internet access stays the employee's responsibility. Determinations are individualised, except where an appointing authority concludes an entire job title cannot work remotely. Where a supervisor and employee disagree, the employee may request a consultation with union representation, and senior leadership decides in writing. Mandatory telework training comes first, and new or transferred employees wait out the working test period.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:6-7.3. It is a description of the rule, not the rule itself, and not legal advice.

(a) Positions suitable for telework include positions with duties that are portable and can be performed effectively and efficiently outside the official reporting location. This means that contact with other employees and clients can be efficiently managed through video conferencing or similar platforms, telephone, or email. In addition, employees must have access to necessary reference materials through web-based platforms, photocopying, faxing, or electronic transfer of documents, and will not violate any law, rule, or policy. Employees must also be able to perform their duties securely, protecting the confidentiality of information and data. #

(b) Employees must meet the following criteria in order to be approved for participation in their appointing authority's telework program: #

1. The appointing authority's performance evaluation system reflects the employee's ability to meet minimum performance expectations; #

2. The employee is not currently subject to ongoing performance-based corrective action. #

i. Employees on a performance improvement plan are not eligible for telework; #

3. Job duties can be successfully performed remotely; #

4. Performance expectations can be successfully achieved remotely; #

5. Specialized equipment or reference materials are available remotely; #

6. Classified or sensitive information can be securely accessed remotely; #

7. Information technology systems can be securely accessed remotely; #

8. Internet accessibility remains the responsibility of the employee when determining eligibility for telework; #

9. Employees can undertake training remotely; #

10. Adequate supervision can be provided remotely; #

11. The operational needs of the appointing authority allow for employees' job duties to be performed remotely; #

12. The amount of direct customer contact required for employees does not render telework prohibitive; and #

13. Telework can be performed consistent with the New Jersey First Act, N.J.S.A. 52:14-7 (P.L. 2011, c. 70). #

(c) Employees must complete the designated eligibility application in order to be eligible for participation in the telework program. Submission of the application is an agreement between the employee and the appointing authority that the employee will meet all telework expectations. The application will include: #

1. A selection of preferred recurring telework days. The employee's preference is not a guaranteed approval of the schedule. Schedules will be offered and approved by the appointing authority based on operational needs, as determined by the appointing authority; #

2. A telework self-assessment designed by the appointing authority for employees to gauge their own effectiveness teleworking. Employees should seriously consider the factors set forth in the self-assessment in conjunction with their job duties and their appointing authority's work expectations; and #

3. Information provided by the appointing authority that documents the terms and conditions of participation in the telework program. #

(d) An appointing authority may require employees to provide documentation to ensure compliance with safety and security standards within the alternative worksite. #

(e) An appointing authority's human resources personnel shall work with supervisors to confirm that employees meet the eligibility criteria as certified by employees. All determinations as to whether an employee meets the criteria to participate in an appointing authority's telework program, as well as the terms and the level of participation in the program, shall be based on an individualized assessment of an employee's job duties and the employee's ability to satisfy the criteria for performing their duties by telework, except in those instances when, based on operational needs, the appointing authority concludes that an entire group of employees in a job title(s) are unable to perform their duties remotely, such as direct care workers. #

1. If a supervisor and employee, or entire group of employees in a job title, disagree as to eligibility, supervisors shall identify, in writing, to human resources personnel, the specific criteria they believe the employee(s) does not meet. In such cases, the employee(s) may request a consultation to be held between the employee(s), supervisor, and human resources personnel regarding the disputed eligibility. The employee(s) shall have the right to union representation at the consultation. #

2. Human resources personnel shall make a recommendation regarding the employee's, or group of employees', eligibility to participate in the telework program to the appointing authority's senior leadership designee. #

3. The appointing authority's senior leadership designee shall review the recommendation and make the final determination as to the employee's, or group of employees', eligibility. #

4. If senior leadership determines the employee, or group of employees, is eligible to participate in the telework program, the decision shall set forth the terms of the employee's telework benefits, including the days per week the employee will telework, whether the employee will also participate in an alternative workweek program (AWP), and any other terms that will be part of the employee's telework benefit. Appointing authorities shall have the sole discretion to determine if employees are eligible to simultaneously participate in the telework program and AWP. #

5. If the appointing authority's senior leadership determines that the employee, or group of employees, is not eligible to participate in the telework program, the decision shall set forth, in writing, the specific reasons that the employee's, or group of employees', job duties cannot be performed remotely without interfering with the operational needs of the appointing authority. #

6. If the stated specific reasons and operational needs an employee's, or group of employees', telework eligibility was denied changes, the employee, or group of employees, may request, in writing, to their appointing authority that it reconsider the employee's, or group of employees', eligibility for participation in the telework program. #

(f) Employees must complete mandatory telework training prior to the beginning of the telework program, as verified and recorded, by the appointing authority, or designee. Failure to complete mandatory telework training is grounds for revocation of telework. #

(g) If eligible, a new or transferred employee shall be permitted to participate in telework and/or AWP after the successful completion of the working test period. If eligible, a new or transferred employee who is not subject to a working test period shall be permitted to participate in telework and/or AWP 120 calendar days after the effective date of appointment. #

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