N.J. Admin. Code § 4A:3-5.8 - Holiday pay: State service
(a) Full-time and
part-time employees in fixed workweek titles shall be entitled to overtime
compensation in addition to their regular rate of compensation for all work
performed on a holiday, except as provided in (d) below, even if they are not
in pay status for a full workweek.
(b) Employees in non-limited titles are not
entitled to overtime compensation for work performed on a holiday, except as
provided in
N.J.A.C.
4A:3-5.6. However, those in titles below that
of agency head may, at the discretion of the appointing authority, be granted
comparable time off to a maximum of hour for hour for such work in addition to
their regular rate of compensation.
(c) The following shall govern overtime
compensation for full-time and part-time employees in fixed workweek titles who
are employed in a seven day coverage operation:
1. If a holiday occurs on a regular workday
of an employee, the employee is entitled to overtime compensation for all work
performed on that holiday in addition to the regular rate of
compensation.
2. If a holiday
occurs on a regular day off, an employee shall be given an additional day off
in the same workweek. If, as a result of an emergency, the employee is required
to work on the additional day, he or she shall be entitled to overtime
compensation for all work performed on the additional day.
3. If a holiday occurs on a regular workday
of an employee and the employee does not report for duty, he or she shall not
be eligible for overtime compensation or an alternate day off for that
holiday.
(d) A part-time
or full-time employee in a fixed workweek title, in conjunction with his or her
appointing authority, may agree to work on a holiday in exchange for a
specified day of personal preference off. If the employee is required to work
on the specified personal preference day, she or he shall be entitled to
overtime compensation for all hours worked on the personal preference day as if
that day were the holiday.
(e)
Eligibility for overtime compensation for temporary employees shall be as
follows:
1. Unless permitted by a negotiated
labor contract, temporary employees shall not be entitled to overtime
compensation for work performed on a holiday, except as provided in
N.J.A.C.
4A:3-5.5(a)(4).
2. Unless permitted by a negotiated labor
contract, temporary employees shall not be entitled to any form of compensation
for a holiday not worked.
Notes
See: 25 N.J.R. 1916(a), 25 N.J.R. 4064(a).
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