N.J.A.C. 4A:6-7.8 Challenges to telework eligibility denial, revocation, or adjustment
N.J.A.C. 4A:6-7.8, Challenges to telework eligibility denial, revocation, or adjustment. An employee who is denied participation in the telework program, or who has their participation in the telework program revoked or adjusted, may challenge s
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
Three routes, and no fourth. Where telework was sought or held as a reasonable accommodation, a denial, revocation or adjustment is challenged by a complaint to the appointing authority's Equal Employment Opportunity and Affirmative Action Officer under N.J.A.C. 4A:7-3.2. Where the action is claimed to be an act of reprisal, the appeal procedures established for reprisal claims apply, at N.J.A.C. 4A:2-5.2. Everything else runs through the grievance procedures at N.J.A.C. 4A:2-3.3 through 3.7. The standard on that third route is the part worth knowing. Where an appeal over a denial, revocation or adjustment based on operational needs reaches the Civil Service Commission, the Commission must uphold the appointing authority's determination unless it finds that determination to be an abuse of discretion, and the other requirements of N.J.A.C. 4A:2-3.7 still have to be met.
Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:6-7.8. It is a description of the rule, not the rule itself, and not legal advice.
(a) An employee who is denied participation in the telework program, or who has their participation in the telework program revoked or adjusted, may challenge such actions only as follows: #
1. A denial of a request for telework as a reasonable accommodation, or a revocation or adjustment of telework as a reasonable accommodation, may be challenged by a complaint filed with an appointing authority's Equal Employment Opportunity/Affirmative Action Officer. See N.J.A.C. 4A:7-3.2. #
2. A denial of a request for telework, or the revocation or adjustment of telework, claimed to be an act of reprisal may be challenged using the appeal procedures established for such claims. See N.J.S.A. 11A:2-24 and N.J.A.C. 4A:2-5.2. #
3. A denial of a request for telework, or the revocation or adjustment of telework, that does not implicate (a)1 or 2 above may only be challenged in accordance with grievance procedures specified at N.J.A.C. 4A:2-3.3 through 3.7. With respect to an appeal of a denial, revocation, or adjustment of telework based on operational needs filed with the Civil Service Commission (Commision) pursuant to N.J.A.C. 4A:2-3.7, the Commission must uphold the determination of the appointing authority unless it finds the appointing authority's determination to be an abuse of discretion. Appellants must meet all other criteria pursuant to N.J.A.C. 4A:2-3.7. #
Picking the right route to challenge a telework decision
This section closes the door on everything except three routes. A denial, revocation or adjustment of telework may be challenged only through one of them, so the first job is to decide which one fits.
If you asked for telework as a reasonable accommodation, the route is a discrimination complaint to your department's EEO/AA Officer under the model procedure. The department head issues a final letter of determination within 120 days of intake, extendable by up to 60 days in exceptional circumstances, and a career, unclassified or senior executive employee who disagrees can appeal to the Commission within 20 days of receiving it.
If you believe the decision was retaliation for a lawful disclosure of a violation of law, mismanagement or abuse of authority, the route is a reprisal appeal to the Commission, in writing, within 20 days of the action or of when you should reasonably have known of it. N.J.S.A. 11A:2-24 forbids the reprisal and gives the right to appeal, and the rules repeat the bar.
Everything else is a grievance. Where your union contract sets a grievance procedure, that is the procedure. Otherwise Step One is a written grievance within 30 calendar days, Step Two goes to the department head within 10 calendar days of the Step One decision, and an appeal reaches the Commission within 20 days of Step Two. The standard there is narrow. The appeal must raise an issue of general applicability, you carry the burden of proof, and the Commission must uphold an operational-needs decision unless it finds an abuse of discretion.
One telework decision is closed to appeal by the rule itself. Whether you may combine telework with an alternative workweek is at the department's sole discretion, and the rule says that determination is not appealable.
Written by the NJ Civil Service Navigator editorial team. Every statement here traces to the rules cited on this page. It is not legal advice, and a collective agreement may change how these rules apply to you.
This rule points to
- 4A:2-3.3 Grievance appeal to appointing authority: State service
- 4A:2-3.7 Appeals from appointing authority decisions: State service
- 4A:2-5.2 Appeals
- 4A:7-3.2 Model procedures for internal complaints alleging discrimination in the workplace