As reported by nj.com, for 14 months, Governor Chris Christie and Democratic lawmakers have been at an impasse over payouts to public workers for unused sick time when they retire, further straining the budgets of municipalities. On Tuesday, however, Senate President Stephen Sweeney introduced a measure that would end the practice for new employees and bar payouts to current workers for additional time accumulated, bringing the two sides closer than ever.

Still, neither Christie nor Sweeney’s Assembly counterpart, Speaker Sheila Oliver, were prepared to endorse the plan. In December 2010, Christie rejected a measure sponsored by Senator Paul Sarlo that would have limited the payouts for both new workers and more than 430,000 public employees to $15,000. In his conditional veto message, the Governor wrote that “sick leave is to be used when you are sick, not as a supplemental retirement fund.”

Currently, the payouts to state workers are capped at $15,000, while most local governments have no limits. Last year, The Star-Ledger reviewed eight cities that borrowed to make their payments or made layoffs that drew attention: Newark, Atlantic City, Camden, Jersey City, Trenton, South Brunswick, East Orange, and Hackensack. They paid more than $39 million to over 700 employees who cashed in unused sick days and vacation time, about $54,000 for each employee. 

Neither Christie nor the Democrats have proposed eliminating the payouts that workers have already accumulated, although Christie did seek to reduce them. Under Christie’s plan, ill workers would have to take days off from sick time already accumulated, reducing their payouts when they retire. Sweeney’s proposal has no such provision.

In addition, unlike Christie’s plan, Sweeney’s proposal does not include a one year cap on accumulating unused vacation days, does not require doctors’ notes for absences of six or more consecutive days, and would not make workers forfeit unused sick days if convicted of work-related crimes.   

Although Sarlo did not say how he felt about Sweeney’s plan, he said he was confident Democrats would work something out. “Whether it’s $15,000, $7,500, or $0 for new employees, at the end of the day we’ll get to something we all can live with,” he said, adding that he though Christie’s plan to make workers use up accumulated sick time before retirement was unconstitutional.

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.