New Jersey § 18a:30-9

§ 18a:30-9.

Notwithstanding any law, rule or regulation to the contrary, an officer or employee

of a board of education, or an agency or instrumentality thereof, who does not take

vacation leave that accrues on or after the effective date of P.L.2007, c. 92 ( C.43:15C-1 et al.), or on or after the date on which the person becomes an officer or employee,

in a given year because of business demands shall be granted that accrued leave only

during the next succeeding year. However, vacation leave not taken in a given year because of duties directly related

to a state of emergency declared by the Governor may accumulate at the discretion

of the appointing authority until, pursuant to a plan established by the officer or

employee's appointing authority, the leave is used or the employee or officer is compensated

for that leave, which shall not be subject to collective negotiation or collective

bargaining. A person who (1) is an officer or employee on the effective date of P.L.2007, c. 92 ( C.43:15C-1 et al.), or (2) becomes an officer or employee after that effective date, and has

previously accrued vacation leave shall be eligible and shall be permitted to retain

and use that accrued vacation leave. As used in this section, “ officer or employee ” means an elected official; or a person appointed by the Governor with the advice

and consent of the Senate, or appointed by the Governor to serve at the pleasure of

the Governor only during his or her term of office; or a person appointed by an elected

public official or elected governing body of the political subdivision, with the specific

consent or approval of the elected governing body of the political subdivision that

is substantially similar in nature to the advice and consent of the Senate for appointments

by the Governor of the State as that similarity is determined by the elected governing

body and set forth in an adopted resolution, pursuant to guidelines or policy that

shall be established by the Department of Education, but not including a person who

is employed or appointed in the regular or normal course of employment or appointment

procedures and consented to or approved in a general or routine manner appropriate

for and followed by the political subdivision, or the agency or instrumentality thereof.