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Wednesday, June 7, 2017

NJ Public Employees On Workers' Compensation Considered On Leave Without Pay

The NJ Court of Appeals has ruled, in an unreported and Per Curium decision,  that public employees who are receiving workers' compensation temporary disability benefits are on leave without pay, and can not accrue sick and vacation days during their absence from work.

The Court reasoned, " employee who is out of work and receiving workers' compensation is considered on leave of absence without pay; if so the issue is not arbitrable. Following review of the record and applicable law, we affirm PERC's [Public Employment Relations Commission's] determination holding an employee on leave collecting workers' compensation is on leave without pay. The plain language and purpose of N.J.A.C. 4A:6-1.5(b) and the Civil Service Act support this conclusion."

State of New Jersey v. New Jersey Law Enforcement Supervisors Association, 43 NJPER ¶ 123, 43 New Jersey Pub. Employee Rep. ¶ 123, 2017 WL 2686196 (Decided June 6, 2017) Note this is an unreported decision: "This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3."

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). 

For over 4 decades the
Law Offices of Jon L Gelman  1.973.696.7900  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Updated: June 23, 2017