N.J. Admin. Code § 4A:3-3.8 - Intermittent titles

(a) In State service and in local service upon approval of the Chairperson or designee, the designation "intermittent" shall be used for those titles in the career service where work responsibilities are characterized by unpredictable work schedules and which do not meet the normal criteria for regular, year-round, full-time or part-time assignments. State employees who hold full-time primary employment in State service are not eligible to serve in an intermittent title.

(b) In State service, employees may be subject to furlough when, due to managerial needs, the employee cannot be scheduled for work within the next week.

1. A furlough shall not be considered a layoff, nor shall the notice obligations or layoff rights set forth in N.J.A.C. 4A:8 be applicable to intermittent employees subject to furlough. However, reasonable advance written notice shall be given to furloughed employees.

2. Furloughing shall be done in the inverse order of seniority in the designated work unit based on official records at the end of the last pay period. Prior to use by the appointing authority, designated work units must be submitted to and approved by the Chairperson or designee.

3. Recall from furlough shall be made in seniority order from among furloughed employees assigned to the designated work unit. Employees who hold full-time primary employment in State service are exempt from the recall provision.

4. In case of equal seniority, the tie shall be broken based on the number of hours in pay status under temporary employment during the last two years immediately preceding conversion to an intermittent title.

5. Recall may be extended on a regional or Statewide basis if the recall list for the designated work unit is exhausted.

6. Additional furlough procedures may be set by the Chairperson or designee.

(c) Records for intermittent employees, including hours worked, recall lists, telephone contact lists and benefit time accumulation, shall be maintained by the appointing authority in a manner acceptable to, and subject to audit by, the Civil Service Commission. If the audit of a title demonstrates that the intermittent designation is inappropriate, the Chairperson or designee shall convert the title to a regular, year-round, full-time or part-time career service title. An incumbent in the converted title shall receive a provisional appointment to the title, subject to competitive testing and certification procedures. See N.J.A.C. 4A:4.

(d) See N.J.A.C. 4A:4-5.2 for working test periods for intermittent employees in State service.

(e) I In local service, an appointing authority may request that the Chairperson or designee establish intermittent titles.

1. The local appointing authority shall submit to the Chairperson or designee a proposal, which shall specify:

i. A list of proposed intermittent titles;

ii. The prorated amounts of paid leave time;

iii. The prorated length of the working test period for employees serving in such titles; and

iv. A compensation plan which shall identify the per diem or hourly rates for all intermittent titles.

2. The local appointing authority shall not make intermittent appointments unless the intermittent titles have been approved by the Chairperson or designee. Such appointments shall be made in accordance with procedures on appointments made to career service positions within the noncompetitive division. See N.J.A.C. 4A:3-1.2.

3. The local appointing authority shall retain all records concerning intermittent employment, subject to a representative of the Civil Service Commission's audit, and submit to the Chairperson or designee on an annual basis a report identifying all intermittent appointments made during the year, the intermittent employees' length of employment and the titles utilized for these intermittent appointments.

(f) The following chart indicates the amount of vacation, sick and administrative leave to which intermittent employees in State service are entitled based on accumulated hours of work. See N.J.A.C. 4A:6-2.4(b) for holiday pay in State service.

LEAVE ENTITLEMENTS -- INTERMITTENT EMPLOYEES
(STATE SERVICE)
VACATION LEAVE
Employees	After 10,440
with up 10	hours
10,440 Hours	of service
of service	(equivalent
Workweek	(equivalent of	of 5 years)
5 years)
40, 4E and N4	1 day (8 hours)	1 day (8
hour titles	for each	hours) for each
174 hours in	139 hours in
regular pay	regular pay
status.	status.
Employees	After 9,135
with up to	hours
9,135 hours	of service
of service	(equivalent
Workweek	(equivalent	of 5 years)
of 5 years)
NL, NE 35 and	1 day (7 hours)	3 day (7 hours)
3E hour titles	for each	for each
152 hours in	122 hours in
regular pay	regular pay
status.	status.
SICK LEAVE
Through DM. 31	After Dec. 31
of First	of First
Calendar Year	Calendar Year
Workweek	of Employment	of Employment
40, 4E and N4	1 day (8 hours)	1 day (8 hours)
hour titles	for each	for each
174 hours in	139 hours in
regular pay	regular pay
status.	status.
NL, NE, 35 and	1 day (7 hours)	1 day (7 hours)
3E hour titles	for each	for each
152 hours in	122 hours in
regular pay	regular pay
status.	status.
ADMINISTRATIVE LEAVE
Workweek
40, 4E and N4	1/2 day (4
hour titles	hours) for each 174
hours in regular pay
status to a
maximum of 3 days
(24 hours)
in any
calendar year.
NL, NE, 35 and	1/2 day (3 1/2 hours)
3E hour titles	for each 152
hours in repair pay
status to a
maximum of 3 days
(21 hours)
in any
calendar year.

VACATION LEAVE
After 25,056	After 41,760
hours	hours
of service	of service
(equivalent	(equivalent
Workweek	of 12	of 20
years)	years)
40, 4E and N4	1 day (8 hours)	1 day (8 hours)
hour titles	for each	for each
104 hours in	34 hours in
regular pay	regular pay
status.	status.
After 21,924	After 36,540
hours	hours
of service	of service
(equivalent	(equivalent
Workweek	of 12 years	of 20 years)
NL, NE 35 and	1 day (7 hours)	1 day (7 hours)
3E hour titles	for each	for each
93 hours in	73 hours in
regular pay	regular pay
status.	status.
SICK LEAVE
Through Dec. 31 of First	After Dec. 31 of First
Calendar Year of	Calendar Year of
Workweek	Employment	Employment
40,4E and N4	1 day (8 hours) for each	1 day (8 hours) for each
hour titles	174 hours in regular pay	139 hours in regular
status.	pay status.
NL,NE,35 and	1 day (7 hours) for each	1 day (7 hours) for each
3E hour titles	152 hours in regular pay	122 hours in regular
status.	pay status.
ADMINISTRATIVE LEAVE
Workweek
40,4E and N4	1/2 day (4 hours for each
hour titles	174 hours in regular pay
status to a maximum of 3
days (24 hours) in any
calendar year.
NL,NE, 25 and	1/2 day (3 1/2 hours) for
3E hour titles	each 152 haours in regular
pay status to a maximum of
3 days (21 days) in any
calendar year.

Notes

N.J. Admin. Code § 4A:3-3.8

Amended by 49 N.J.R. 1182(a), effective 5/15/2017