N.J.A.C. 4A:8 Layoffs
Chapter 8 governs layoffs. Procedures first: notice, the demotion and displacement options an appointing authority must consider, and the timetable. Then employee layoff rights, which is where lateral rights, demotional rights, special reemployment lists and seniority are defined. Seniority in 4A:8-
Chapter 8 governs layoffs. Procedures first: notice, the demotion and displacement options an appointing authority must consider, and the timetable. Then employee layoff rights, which is where lateral rights, demotional rights, special reemployment lists and seniority are defined. Seniority in 4A:8-2.4 is the pivot the whole chapter turns on, and it is computed differently for police and fire titles than for everyone else.
Subchapter 1. Procedures
- 4A:8-1.1General
A demotion counts as a layoff.
- 4A:8-1.1A(Reserved)
Reserved. No rule text is currently published at this citation.
- 4A:8-1.2Alternatives to layoff
State service shall, local service should.
- 4A:8-1.3Pre-layoff actions
Nothing in this section is voluntary for the employee, which is what separates it from the alternatives rule next door.
- 4A:8-1.4Review by the Civil Service Commission
Thirty days before any layoff notice goes out, the appointing authority files a layoff plan with the Chairperson.
- 4A:8-1.5Layoff units and job locations
How wide the layoff unit is decides who an employee can displace, and the width differs by service.
- 4A:8-1.6Layoff notice
Forty five days of written notice, served personally, or by certified mail where the employee is on leave or otherwise unavailable, in which case the 45 days are counted from the first date the Postal Service notifies the addressee.
Subchapter 2. Employee Layoff Rights
- 4A:8-2.1Types of layoff rights
The two rights a layoff gives you, and what has to be true before either applies.
- 4A:8-2.2Exercise of lateral and demotional rights
Seniority decides the queue.
- 4A:8-2.3Exercise of special reemployment rights
Being laid off puts you on a special reemployment list, and this section decides which lists.
- 4A:8-2.4Seniority
Everything in a layoff turns on this figure, and it is computed two different ways.
- 4A:8-2.5Reassignments
A twelve month freeze on involuntary reassignment, running from the service of the layoff notice.
- 4A:8-2.6Appeals
Two different appeals, with two different standards, and the one you pick decides whether you get a hearing.