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N.J.A.C. 4A:8-1.3 Pre-layoff actions

N.J.A.C. 4A:8-1.3, Pre-layoff actions. Appointing authorities shall lessen the possibility, extent or impact of layoffs by implementing, as appropriate, pre-layoff actions which may include, but Full text with 5 recorded amendments, 11 citing decisions.

Layoffs · Procedures

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

Nothing in this section is voluntary for the employee, which is what separates it from the alternatives rule next door. These are steps the appointing authority takes on its own, in State and local service alike: a temporary hiring or promotion freeze, separating non-permanent employees, returning provisional employees to their permanent titles, reassigning employees, and helping affected people secure transfers or other employment. Subsection (b) sets an order of impact. Where positions are being vacated, reclassified or abolished, the appointing authority must to the extent possible place employees without permanent status into them first, and then those with the least seniority, so that the impact on permanent employees is lessened. Negotiations representatives must be consulted before any of this starts, and Commission staff can assist on request.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:8-1.3. It is a description of the rule, not the rule itself, and not legal advice.

(a) Appointing authorities shall lessen the possibility, extent or impact of layoffs by implementing, as appropriate, pre-layoff actions which may include, but are not limited to: #

1. Initiating a temporary hiring and/or promotion freeze; #

2. Separating non-permanent employees; #

3. Returning provisional employees to their permanent titles; #

4. Reassigning employees; and #

5. Assisting potentially affected employees in securing transfers or other employment. #

(b) The appointing authority shall to the extent possible lessen the impact of any layoff action on permanent employees by first placing employees without permanent status, and then those with the least seniority, in positions being vacated, reclassified or abolished. #

(c) Appointing authorities shall consult with affected negotiations representatives prior to initiating measures under this section. #

(d) Upon request by an appointing authority, assistance may be provided by Civil Service Commission staff in implementing pre-layoff measures. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 5 recorded changes.

  1. AmendedR.2016 d.174
    48 N.J.R. 12(a); 48 N.J.R. 2780(a)
  2. AmendedR.2003 d.304
    35 N.J.R. 345(a); 35 N.J.R. 3551(b)
  3. AmendedR.2000 d.12
    31 N.J.R. 2827(a); 32 N.J.R. 39(a)
  4. date not statedPetition for rulemaking
    41 N.J.R. 3850(b)
  5. date not statedPetition for rulemaking
    42 N.J.R. 1911(a)

How this rule has been applied

11 decisions have cited N.J.A.C. 4A:8-1.3. 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 (7)
  • In re N.J. Sch. of Conservation, Montclair State Univ., Layoff, CSC Docket No. 2020-27222020 N.J. CSC LEXIS 432Docket 2020-2722
  • In re Cnty. Police Officers, Bergen Cnty. Sheriff's Office, CSC Docket No. 2017-35202017 N.J. CSC LEXIS 414Docket 2017-3520
  • In re Gregory-Hunt, City of Paterson, Dep't of Cmty. Dev., CSC DKT. NO. 2016-23722017 N.J. CSC LEXIS 50
  • In re Newark Teachers' Union, Local 481, Newark Sch. Dist., CSC Docket No. 2013-34542014 N.J. CSC LEXIS 497Docket 2013-3454
  • In re Bertoldi, Twp. of West Orange, Police Dep't.2014 N.J. CSC LEXIS 370Docket CSV 04882-11
  • In re Rosemary Coleman, Cumberland Cnty., CSC Dkt. No. 2013-19372013 N.J. CSC LEXIS 830
  • Snyder v. Department of Human Services92 N.J.A.R.2d (CSV) 709
Office of Administrative Law initial decisions (4)
  • In re Gregory-Hunt, City of Paterson, Dep't of Cmty. Dev.2016 N.J. AGEN LEXIS 1227Docket CSV 01736-16
  • 2015 N.J. AGEN LEXIS 490Docket CSV 04096-11
  • In re Dep't of Admin. & Fin., Trenton, Layoffs (Tywana L. Smith and DuEwa Edwards-Dickson), OAL Docket No. CSV 876-112014 N.J. AGEN LEXIS 1078
  • In re Barbella, et al., Twp. of West Orange 2011 Layoffs Police Dep't.2014 N.J. AGEN LEXIS 32Docket 2011-4260

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