NJ Civil Service Navigator

N.J.A.C. 4A:8-2.3 Exercise of special reemployment rights

N.J.A.C. 4A:8-2.3, Exercise of special reemployment rights. A permanent employee shall be granted special reemployment rights based on the permanent title from which he or she has been laid off, demoted, or displaced Full text with 8 recorded amendments, 25 citing decisions, cited by 5 other rules.

Layoffs · Employee Layoff Rights

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

Being laid off puts you on a special reemployment list, and this section decides which lists. Rights attach to the permanent title you were laid off, demoted or displaced from, by job location, and separately to any lateral or demotional title you previously held. Two limitations shape how far they reach in State service. An employee displaced out of the municipality their facility or office was in may choose to have special reemployment rights back to that municipality on top of the job locations they selected. And an employee displaced by job location who keeps their permanent title, or is reappointed to it, is treated differently from one who loses the title altogether. Special reemployment rights outrank ordinary eligible lists, which is what makes them worth understanding before the layoff notice arrives rather than after.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:8-2.3. It is a description of the rule, not the rule itself, and not legal advice.

(a) A permanent employee shall be granted special reemployment rights based on the permanent title from which he or she has been laid off, demoted, or displaced by job location. In addition, the employee shall be entitled to special reemployment rights to his or her previously held lateral or demotional title (see N.J.A.C. 4A:8-2.2(f)). These rights are subject to the following limitations: #

1. In State service, an employee who is displaced from the municipality in which his or her facility or office was located shall, at the employee's option, be granted special reemployment rights to that municipality in addition to job locations selected by the employee. #

2. An employee who is displaced by job location in a layoff action, but remains in his or her permanent title, or is reappointed to his or her permanent title from a special reemployment list, shall have special reemployment rights only to his or her original job location at the time of layoff. In cases where no facility or office remains in the original job location, the employee shall be provided the choice of another job location. As permitted by the Chairperson or designee for other good cause, and upon written request by the employee with notice to the appointing authority, the employee may substitute another job location for the original job location. #

3. An employee who exercises a lateral title right or who is reappointed to a lateral title from a special reemployment list shall retain special reemployment rights only to his or her original permanent title and job location at the time of the layoff. In cases where no facility or office remains in the original job location, the employee shall be provided the choice of another job location. As permitted by the Chairperson or designee for other good cause, and upon written request by the employee with notice to the appointing authority, the employee may substitute another job location for the original job location. #

(b) Priority of special reemployment lists shall be determined as follows: #

1. Special reemployment lists shall take priority over all other reemployment lists, open competitive lists and lateral title changes pending examination (see N.J.A.C. 4A:4-7.6(c)), except those resulting from position reclassifications, for the entire jurisdiction (see N.J.A.C. 4A:8-2.1(c) 1). Special reemployment lists shall also take priority over promotional lists for the State department, autonomous agency or local department where the layoff occurred. #

2. Special reemployment lists shall also take priority over noncompetitive appointments, transfers except appointments pursuant to N.J.A.C. 4A:8-1.6(f)1, and all lateral title changes except those resulting from position reclassification within a layoff unit. #

(c) Employees shall be placed on a special reemployment list for an unlimited duration. #

1. Ranking on the list shall be based on the employee's permanent title and seniority at the time of layoff, based on the method for calculating seniority in effect at the time of certification of the list. #

2. An employee who accepts an appointment to a position in another department or agency in lieu of separation at the time of layoff shall not be placed on a special reemployment list. See N.J.A.C. 4A:8-1.6(f)1. #

3. Appointments from the list shall be made in the order certified. Removal of names from a special reemployment list may be made in accordance with applicable rules (see N.J.A.C. 4A:4-4.7 and 4A:4-6). Following appointment from a special reemployment list, an employee's name shall be removed from the special reemployment list for any title with the same or lower class code, except that the employee shall retain rights to his or her permanent job title and job location at the time of layoff. #

(d) Employees who resign or retire in lieu of lateral displacement, demotion or layoff, or who subsequently resign or retire, will not be placed or remain on a special reemployment list (see N.J.A.C. 4A:4-3.1(a)3). #

(e) In State service, employees who decline reemployment to a job location will be removed from future certifications to that location for that title and all previously held lateral or lower titles. Employees who decline reemployment to their original or substituted job location (other than the original municipality) will be certified only to the original municipality for that title and all lateral or lower titles. Employees who decline reemployment to their original municipality shall be removed from the special reemployment list for that title and all lateral or lower titles. #

1. However, employees who are unavailable for work when offered reemployment due to temporary disability or other good cause shall remain on the special reemployment list. Employees who decline reemployment because the position is in a different shift from the position from which they were displaced, or because the position is full time when the position from which displaced was part-time (or vice versa) shall remain on the special reemployment list. #

(f) The name of an employee shall be removed from all applicable special reemployment lists where the employee receives an intergovernmental transfer in accordance with N.J.A.C. 4A:4-7.1A within one year of the effective date of a layoff resulting in the employee's separation from service. #

(g) In local service, the name of an employee laid off from the title of Police Assistant and placed on a special reemployment list shall be removed from the list if the employee is over the age of 35. See N.J.A.C. 4A:4-2.3(b)2i. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 8 recorded changes.

  1. AmendedR.2016 d.174
    48 N.J.R. 12(a); 48 N.J.R. 2780(a)
  2. AmendedR.2009 d.41
    40 N.J.R. 4381(a); 41 N.J.R. 399(b)
  3. AmendedR.2006 d.104
    37 N.J.R. 4351(a); 38 N.J.R. 1425(a)
  4. AmendedR.2003 d.304
    35 N.J.R. 345(a); 35 N.J.R. 3551(b)
  5. AmendedR.2001 d.420
    33 N.J.R. 2567(a); 33 N.J.R. 3895(b)
  6. AmendedR.2000 d.12
    31 N.J.R. 2827(a); 32 N.J.R. 39(a)
  7. AmendedR.1995 d.251
    27 N.J.R. 612(a); 27 N.J.R. 1967(b)
  8. date not statedAdministrative correction
    44 N.J.R. 2057(a)

How this rule has been applied

25 decisions have cited N.J.A.C. 4A:8-2.3. 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.

Appellate Division (2)
  • Scarillo v. Dep't of Civil Service146 N.J.Super. 127; 369 A.2d 26
  • Scarillo v. Department of Civil Service146 N.J.Super. 127; 369 A.2d 26
Superior Court (1)
  • Matter of Chief Clerk282 N.J.Super. 530; 660 A.2d 1217
Civil Service Commission final determinations (21)
  • In re Hamilton Twp. Special Reemployment Lists, CSC Docket No. 2025-19262025 N.J. CSC LEXIS 112Docket 2025-1926
  • In re Antinori, et al., Cnty. Police Officer (Special), Bergen Cnty. Sheriff's Office, CSC Docket Nos. 2021-1080, et al. (Consolidated)2021 N.J. CSC LEXIS 265Docket 2021-1080
  • In re Oladapo, Human Servs. Assistant, Special Reemployment List, CSC Docket No. 2021-952020 N.J. CSC LEXIS 918Docket 2021-95
  • In re Entler-Fuschetto, Twp. of Freehold, CSC Docket No. 2020-1332019 N.J. CSC LEXIS 821Docket 2020-133
  • In re Cuevas, School Aide, Vineland City Sch. Dist., CSC Docket No. 2020-7482019 N.J. CSC LEXIS 818Docket 2020-748
  • In re Beachaump, Cottage Training Supervisor (Special), Dep't of Human Servs., CSC Docket No. 2016-31172017 N.J. CSC LEXIS 524Docket 2016-3117
  • In re Luna, Building Maintenance Worker (Special), Morris Cnty., CSC Docket No. 2017-13802017 N.J. CSC LEXIS 307Docket 2017-1380
  • In re A.O., Laborer 1 (Special), Town of Hammonton, CSC Docket No. 2015-28132017 N.J. CSC LEXIS 314Docket 2015-2813
  • In re Dagayday, Dir. of Nursing Servs. 1, Developmental Disabilities (Special), Dep't of Human Servs., CSC Dkt. No. 2017-12982017 N.J. CSC LEXIS 298
  • In re Homa, et al., Hunterdon Dev. Ctr., CSC Dkt. Nos. 2016-10972015 N.J. CSC LEXIS 127
  • In re Khadkikar, Dep't of Human Servs., CSC Docket No. 2015-28432015 N.J. CSC LEXIS 74Docket 2015-2843
  • In re Kelsey, Police Officer (Special), City of Trenton, CSC Dkt. No. 2015-10212015 N.J. CSC LEXIS 345
  • In re Westlund, Berkeley Twp., CSC Docket No. 2015-2322014 N.J. CSC LEXIS 512Docket 2015-232
  • In re Bollhardt, Maint. Repairer (Special Reemployment List), Bergen Cty., CSC Docket No. 2014-4192014 N.J. CSC LEXIS 513Docket 2014-419
  • In re Crane, Practical Nurse (Special Reemployment List), Dep't of Human Servs., CSC Docket No. 2014-2842014 N.J. CSC LEXIS 706Docket 2014-284
  • In re Harold Nugent, Brick Twp, CSC Dkt. No. 2013-31712014 N.J. CSC LEXIS 4
  • In re Montone, Practical Nurse (Special Reemployment List), Trenton Psychiatric Hosp., CSC Docket No. 2014-1122014 N.J. CSC LEXIS 88Docket 2014-112
  • In re Burlington Cnty., CSC Dkt. No. 2013-17772013 N.J. CSC LEXIS 479
  • In re Harold Nugent, Brick Twp., CSC Docket No. 2013-2512013 N.J. CSC LEXIS 197Docket 2013-251
  • In re Cincilla et al, Police Officer (Special), Trenton, CSC Docket Nos. 2013-12382013 N.J. CSC LEXIS 349Docket 2013-1238
  • Gibbons v. Department of Human Services95 N.J.A.R.2d (CSV) 10
Office of Administrative Law initial decisions (1)
  • In re Michael Mulcahy, et al., City of Bayonne, OAL Docket No. CSV 13798-152017 N.J. AGEN LEXIS 295

This rule points to

Rules that point here

Elsewhere in Employee Layoff Rights