New Jersey § 40a:9-10

§ 40a:9-10.

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

of a political subdivision of the State, or an agency, authority, or instrumentality

of a subdivision, that has not adopted the provisions of Title 11A, Civil Service,

of the New Jersey Statutes, 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 a political subdivision of the State,

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 ordinance or resolution,

pursuant to guidelines or policy that shall be established by the Local Finance Board

in the Department of Community Affairs, 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, authority or instrumentality of a subdivision,

or a person who holds a professional license or certificate to perform and is performing

as a certified health officer, tax assessor, tax collector, municipal planner, chief

financial officer, registered municipal clerk, construction code official, licensed

uniform subcode inspector, qualified purchasing agent, or certified public works manager.