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State of New Jersey
Executive Order #88

Governor James E. McGreevey

WHEREAS, the President of the United States has authorized the Secretary of Defense to call up select members of the Reserve and National Guard to active duty in response to the continuing global war on terrorism, the armed conflict in Iraq, and heightened tensions in other areas; and

WHEREAS, the President of the United States has also authorized the Secretary of Homeland Security to similarly call up members of the Coast Guard Reserve; and

WHEREAS, employees of the State of New Jersey are among the Reserve and National Guard members who have been mobilized into active duty with the United States Armed Forces; and

WHEREAS, Reserve and National Guard members who are activated during this crisis are serving vital national and State interests for which they deserve the full support of the State of New Jersey; and

WHEREAS, many of the State employees who have been mobilized are serving on active duty for periods exceeding one year, and have been unable to utilize their entitlement for vacation leave provided to them by their State employer; and

WHEREAS, existing State law, specifically N.J.S.A. 11A:6-2 limits the carry-over of vacation leave into the next succeeding year only, and such leave is forfeited if not used during that next succeeding year; and

WHEREAS, N.J.S.A. 11A:6-2 allows vacation leave not taken by an employee because of duties directly related to a State of Emergency declared by the Governor to accumulate indefinitely until such leave is able to be utilized; and

WHEREAS, the State of New Jersey encourages its employees to serve in the Reserve and National Guard and recognizes their many personal and economic sacrifices made when called to active duty; and

WHEREAS, these employees deserve the full support of the State of New Jersey and should not be penalized by the loss of their accumulated vacation leave as a result of their service to our Country and our State; and

WHEREAS, such service is directly connected to emergent circumstances within the State of New Jersey and throughout the world;

NOW, THEREFORE, I, JAMES E. McGREEVEY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

  1. I hereby declare that those State employees who have been mobilized into active duty in response to the continuing global war on terrorism, armed conflict with Iraq, or other areas of heightened tension throughout the world, including the defense of our Homeland Security, are performing duties directly related to a State of Emergency, for the purposes set forth in N.J.S.A. 11A:6-2.
  2. Such State employees shall be permitted to accumulate vacation leave time that they are unable to utilize because of their mobilization into active duty, pursuant to a plan established by the Commissioner of Personnel, in consultation with affected State appointing authorities.
  3. This Order shall take effect immediately.

GIVEN, under my hand and seal this 3rd day of December in the Year of Our Lord, Two Thousand and Three, and of the Independence of the United States, the Two Hundred and Twenty-Eighth.

/s/ James E. McGreevey

Governor

[seal]

Attest:

/s/ Michael R. DeCotiis

Chief Counsel to the Governor

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