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Thursday, May 19, 2011

VALERIA HEADEN VS. JERSEY CITY BOARD OF EDUCATION A-5947-09T1

VALERIA HEADEN VS. JERSEY CITY BOARD OF EDUCATION A-5947-09T1

In this appeal, we are asked to determine whether school districts that have adopted the New Jersey Civil Service Act, N.J.S.A. 11A:1-1 to :12-6, are required to extend vacation leave to the district's ten-month food service employees pursuant to N.J.S.A. 11A:6-3, and an implementing regulation, N.J.A.C. 4A:6- 1.1(e). We concluded the statute addressed to full-time State and political sub-division employees was not intended to include local school district employees whose employment is subject to the provisions of Title 18A, and whose leave is defined by the terms of the applicable collectively negotiated agreement. 05-12-11