N.J. Admin. Code § 4A:6-2.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 4A:6-2.5 - Inclement weather or emergency conditions: State service

(a) The Governor or his or her designee, in consultation with the Office of Emergency Management, shall determine whether a period of inclement weather or other adverse situation requires the curtailment of State operations and services and whether emergency procedures need be implemented.

1. This determination shall include whether the curtailment shall be Statewide, regional, specific to one or more facilities, or limited in some other manner.

2. The Office of Emergency Management shall notify all State departments and agencies, and appropriate media outlets, when the curtailment of State operations and services and/or an Essential Employee Attendance Plan are to be implemented.

(b) For purposes of this section, the following definitions shall apply:

1. "Essential Employee Attendance Plan" shall mean that portion of a department or agency's procedures for operating during a period of inclement weather or other adverse situation that explains the responsibilities, requirements and expectations of essential attendance employees in the event that the Governor determines that a period of inclement weather or other adverse situation requires the curtailment of State operations or services.

2. "Inclement weather or other adverse situation" shall mean an actual or imminent change in the weather or an actual or imminent change in other conditions or circumstances that is serious enough to disrupt all or a portion of the functions of State government.

(c)Each State department and agency shall review its criteria for the designation of essential attendance employees on an on-going basis during the COVID-19 emergency and, based on these criteria, update its roster of such employees. Employees so designated shall be notified as necessary during the duration of the COVID-19 emergency of this designation and shall at that time be provided with a copy of the department or agency's Essential Employee Attendance Plan. The Plan shall include the responsibilities, requirements, and expectations of such employees in the event that a period of inclement weather or other adverse situation requires the curtailment of State operations or services.

1. Each State department and agency shall provide the Civil Service Commission and affected union representatives with its updated roster of essential attendance employees no later than November 15 of each year. The Civil Service Commission shall make this information available to the Office of Emergency Management.

(d) An essential attendance employee who is required to work in accordance with an Essential Employee Attendance Plan shall be compensated at the regular rate of pay for such work. See N.J.A.C. 4A:3-5 for overtime compensation for work performed by non-exempt employees in excess of the regular workweek.

N.J. Admin. Code § 4A:6-2.5

Amended by 48 N.J.R. 2775(b), effective 12/19/2016

Modified by Executive Order No. 103(2020) 52 N.J.R. 971(a), effective 4/9/2020