11A:7-13.4 Appointing to an unclassified service position, noncompetitive temporary, permanent position in civil service.
4. a. The appointing authority of a State agency may appoint a qualified person with significant disabilities to an unclassified service position, or a noncompetitive temporary position or noncompetitive permanent position in the career service of civil service, in accordance with the provisions of this act, P.L.2021, c.465 (C.11A:7-13.1 et seq.), and Title 11A of the New Jersey Statutes.
The appointing authority shall require proof of the person's significant disability prior to making an appointment. The appointing authority shall accept as proof of significant disability a letter or other official certification from the Division of Rehabilitation Services that the individual meets the criteria set forth in paragraph a. of section 3 of this act.
b. A qualified person with significant disabilities shall be eligible for appointment to an unclassified temporary position or a noncompetitive temporary position in the career service of civil service when the appointing authority determines that:
(1) the person is certified as eligible for appointment in the unclassified service or noncompetitive career service pursuant to this section; and
(2) it is necessary to observe the person on the job to establish that the person is able to perform the duties of the position.
The appointing authority may, with the approval of the Civil Service Commission, convert an unclassified service temporary appointment or a noncompetitive career service temporary appointment to a permanent appointment when it is determined that the person provided the required proof of eligibility for appointment pursuant to this section and is likely to succeed in the performance of the duties of the position.
c. A person with significant disabilities shall be eligible for appointment to a noncompetitive permanent position in the career service of civil service when the appointing authority determines that:
(1) the person is certified as eligible for appointment in the noncompetitive career service pursuant to this section; and
(2) the person is likely to succeed in performing the duties of the position.
d. In determining whether the person is likely to succeed in performing the duties of the position, the appointing authority shall rely upon the person's employment history and performance, as appropriate, education, and other relevant experience.
e. Appointments to an unclassified service or a noncompetitive career service position shall be subject to the working test period in accordance with Title 11A of the New Jersey Statutes. The appointing authority shall provide a temporary employee with progress reports at such times during the working test period as provided by rules of the Civil Service Commission, and a final progress report at the end of the entire working test period shall be provided to the employee, the division, and the commission.
L.2021, c.465, s.4.
Structure New Jersey Revised Statutes
Section 11A:1-1 - Short title.
Section 11A:1-2 - Declaration of policy
Section 11A:2-1 - Civil service commission established.
Section 11A:2-2 - Implementation.
Section 11A:2-3 - Members; term; quorum; vacancies; chairperson.
Section 11A:2-4 - Removal of a commission member other than chairperson of the commission.
Section 11A:2-5 - Compensation.
Section 11A:2-6 - Powers and duties.
Section 11A:2-6a - Definitions relative to uniform domestic violence policies for public employers.
Section 11A:2-7 - Subpenas; oaths.
Section 11A:2-11 - Powers and duties of the commission.
Section 11A:2-11.1 - Title changes in the career service.
Section 11A:2-12 - Delegation.
Section 11A:2-13 - Opportunity for appointing authority hearing, alternative procedures.
Section 11A:2-14 - Notice to employee of right to appeal, alternative procedures.
Section 11A:2-15 - Appeal procedure.
Section 11A:2-16 - Appeal procedure for suspension or fine of five days or less.
Section 11A:2-17 - Use immunity
Section 11A:2-18 - Representation.
Section 11A:2-19 - Authority to increase or decrease penalty imposed.
Section 11A:2-20 - Forms of disciplinary action.
Section 11A:2-21 - Burden of proof
Section 11A:2-22 - Back pay, benefits, seniority and reasonable attorney fees.
Section 11A:2-23 - Political activity limited
Section 11A:2-24 - Protection against reprisals.
Section 11A:3-1 - Classification.
Section 11A:3-2 - Career service.
Section 11A:3-2.1 - Findings, declarations
Section 11A:3-2.2 - Certain transfers, appointments prohibited
Section 11A:3-3 - Senior executive service.
Section 11A:3-4 - State unclassified service.
Section 11A:3-4.1 - Rules, regulations concerning recordkeeping, record retention.
Section 11A:3-5 - Political subdivision unclassified service.
Section 11A:3-6 - Public hearing required when moving title from career to unclassified service.
Section 11A:3-7 - Employee compensation.
Section 11A:3-8 - Payroll audits.
Section 11A:4-1 - Examinations.
Section 11A:4-1.1 - Application fee for examinations; additional fees; uses.
Section 11A:4-1.2 - Rules, regulations.
Section 11A:4-1.5 - Notification of candidate status; certification notifications.
Section 11A:4-2 - Holding of examinations.
Section 11A:4-3 - Admission to examinations.
Section 11A:4-4 - Eligible lists and certifications.
Section 11A:4-5 - Use of eligible list.
Section 11A:4-6 - Duration of lists.
Section 11A:4-7 - Exceptions to duration of a list
Section 11A:4-8 - Certification and appointment.
Section 11A:4-9 - Types of eligible lists.
Section 11A:4-10 - Arrests and criminal records
Section 11A:4-11 - Removal on criminal record.
Section 11A:4-12 - Priority of lists
Section 11A:4-13 - Types of appointment.
Section 11A:4-15 - Working test period.
Section 11A:4-16 - Transfer, reassignment and lateral title change.
Section 11A:5-1 - Definitions.
Section 11A:5-1.1 - Veteran status determined for civil service preference.
Section 11A:5-2 - Spouse of disabled veteran or deceased veteran
Section 11A:5-3 - Parent and spouse of veteran who has died in service
Section 11A:5-4 - Disabled veterans' preference
Section 11A:5-5 - Veterans' preference
Section 11A:5-6 - Appointment of veterans
Section 11A:5-7 - Inapplication of statutes to promotions
Section 11A:5-8 - Preference in appointment in noncompetitive division.
Section 11A:5-9 - Preference to veterans in layoffs
Section 11A:5-10 - Hearing on dismissal of veteran.
Section 11A:5-11 - Veterans not to be discriminated against because of physical disability.
Section 11A:5-15 - Enforcement.
Section 11A:6-1.1 - Establishment of voluntary furlough program.
Section 11A:6-2 - is Vacation leave; full-time State employees.
Section 11A:6-3 - Vacation leave; full-time political subdivision employees.
Section 11A:6-4 - Death of employee having vacation credit
Section 11A:6-5.1 - Donated leave for State employees.
Section 11A:6-5.2 - Leave of absence for State employee for purpose of donating organ, bone marrow.
Section 11A:6-6 - State administrative leave.
Section 11A:6-7 - Leaves for part-time employees
Section 11A:6-8 - Sick leave injury in State service.
Section 11A:6-9 - Leaves of absence for police officers and fire fighters
Section 11A:6-10 - Leaves of absence for convention attendance.
Section 11A:6-11 - Leave for athletic competition
Section 11A:6-12 - Leaves of absence for elected and appointed union officials.
Section 11A:6-13 - Appointment by governor; leave of absence without pay
Section 11A:6-15 - Eligibility for promotions during leave of absence
Section 11A:6-16 - Supplemental compensation upon retirement in state employment
Section 11A:6-18 - Supplemental compensation; deferred retirement
Section 11A:6-19 - Supplemental compensation; computation; limitation
Section 11A:6-19.1 - Payment of accumulated sick leave by political subdivision under civil service.
Section 11A:6-19.2 - Cap on compensation for unused sick leave under Title 11A.
Section 11A:6-20 - Supplemental compensation; certification of accumulated sick leave
Section 11A:6-21 - Supplemental compensation; break in service
Section 11A:6-22 - Supplemental compensation; inapplicability to other pension retirement benefits
Section 11A:6-23 - Supplemental compensation; rules.
Section 11A:6-24 - Hours of work, overtime and holiday pay.
Section 11A:6-24.1 - Paid holidays granted to State government employees.
Section 11A:6-24.2 - Furlough days taken on paid holiday.
Section 11A:6-24.3 - Inapplicability of chapter 8 of Title 11A.
Section 11A:6-25 - State training programs.
Section 11A:6-25.1 - Programs to improve efficiency, effectiveness of public service.
Section 11A:6-26 - Employee career development.
Section 11A:6-27 - Political subdivisions.
Section 11A:6-28 - Employee performance evaluations.
Section 11A:6-29 - Awards committee.
Section 11A:6-31 - Powers and duties of the committee.
Section 11A:6-32 - Payment of awards
Section 11A:7-1 - Equal employment opportunity.
Section 11A:7-2 - Division of Equal Employment Opportunity and Affirmative Action.
Section 11A:7-3 - Equal employment opportunity and affirmative action program.
Section 11A:7-4 - Agency goals
Section 11A:7-5 - Department responsibilities.
Section 11A:7-6 - Agency affirmative action officer.
Section 11A:7-7 - Agency accountability for affirmative action plan
Section 11A:7-8 - Agency affirmative action plan
Section 11A:7-9 - Agency failure to achieve affirmative action goals; penalties.
Section 11A:7-10 - Citation by governor for attaining affirmative action results
Section 11A:7-11 - Equal Employment Opportunity Advisory Commission; creation.
Section 11A:7-12 - Equal Employment Opportunity Advisory Commission.
Section 11A:7-13 - Accommodation for persons with disabilities; waiver of examination.
Section 11A:7-13.1 - Findings, declarations.
Section 11A:7-13.3 - Guidelines, criteria.
Section 11A:7-13.5 - Request for an interview; eligibility, qualifications.
Section 11A:7-13.6 - Findings, declarations.
Section 11A:7-13.8 - Report to Governor, Legislature.
Section 11A:7-16 - Civil service law enforcement mentoring program; establishment, maintenance.
Section 11A:8-1 - Layoff; inapplicable to those on certain military leave.
Section 11A:8-2 - Pre-layoff actions.
Section 11A:8-3 - Alternatives to layoff.
Section 11A:9-2 - Adoption of title; petition
Section 11A:9-3 - Adoption of title; question placed on ballot; public notice
Section 11A:9-4 - Refusal to comply
Section 11A:9-5 - School districts
Section 11A:9-6 - Adoption of title; elections
Section 11A:9-7 - Results certified.
Section 11A:9-9 - Status of employees
Section 11A:9-9.1 - Examination requirement waived for certain local firefighters
Section 11A:9-10 - Seniority rights
Section 11A:9-11 - Animal Health Technician, credit hours, required.
Section 11A:10-1 - Disapproval of salary.
Section 11A:10-2 - Criminal violation of title or order.
Section 11A:10-3 - Noncompliance.
Section 11A:10-4 - Action for enforcement.
Section 11A:10-5 - Resident actions
Section 11A:11-1 - Merit System Board.
Section 11A:11-2 - Department of Personnel abolished.
Section 11A:11-5 - Pending actions.
Section 11A:12-1 - Inconsistent laws.
Section 11A:12-2 - Rights of current employees