New Jersey First Act/Residency Law

 

Any individual newly hired by University Hospital after September 1, 2011 will be required to abide by the New Jersey First Act/Residency Law and establish a principal residence in New Jersey, unless their position is on the exempt list or they successfully petition for exemption based on critical need or hardship. New employees will have a full 365 days to establish such residence, from the effective date of hire.

Frequently Asked Questions

1. What is the “New Jersey First Act”?
2. What is the effective date of the law?
3. How is residency defined?
4. How many University Hospital employees who are employed on the law’s effective date are covered by the law?
5. If I currently hold a position at University Hospital and I live in Pennsylvania on the effective date of the law, does this mean I cannot get a different position at University Hospital unless I move to New Jersey?
6. What happens if my job classification changes?
7. To whom does the law apply?
8. What if I take Family Medical Leave for more than seven days? Is this considered a break in service?
9. What do I do if I accept a job at University Hospital, but I cannot move to New Jersey?

1. What is the “New Jersey First Act”?
On May 19, 2011, Governor Chris Christie signed a bill into law that will require individuals to be residents of New Jersey in order to hold certain public employee positions in the State.

2. What is the effective date of the law?
The law will be effective on September 1, 2011.

3. How is residency defined?
The bill requires certain employees to maintain their principal residence in New Jersey. “Principal residence” is defined as “(1) where the person spends the majority of his or her non-working time, and (2) which is most clearly the center of his or her domestic life, and (3) which is designated as his or her legal address and legal residence for voting.”

4. How many University Hospital employees who are employed on the law’s effective date are covered by the law?
None. Anyone who holds a position at University Hospital on the effective date of the law, regardless of their position, is exempt from the law’s requirements. This means that if you currently hold a position of any type at University Hospital and you live in New York, Pennsylvania, or elsewhere out of the state of New Jersey, the law does not require that you move to New Jersey. In addition, those who are newly hired and who begin their University Hospital employment on or before the law’s effective date will be exempt. However, if you now live in New Jersey but move out of New Jersey after September 1, 2011, the law’s provisions may apply to you if your position is not included on the annual report to be filed by University Hospital requiring the position to be exempt. (See below)

5. If I currently hold a position at University Hospital and I live in Pennsylvania on the effective date of the law, does this mean I cannot get a different position at University Hospital unless I move to New Jersey?
No. As long as you remain employed without a break in service of more than seven (7) days, then you continue to be exempt from the requirements of the law even if you change positions at University Hospital.

6. What happens if my job classification changes?
Current University Hospital employees living outside of New Jersey on September 1, 2011 will be exempt from the new residency requirement and will continue to be so in the future, even if their job classification changes, as they remain University Hospital employees without a break in service of more than seven days.

7. To whom does the law apply?
The law will apply to new employees in certain positions at University Hospital hired effective after September 1, 2011. The law’s requirements WILL NOT apply to the following:

• Anyone in any position who is employed at University Hospital on or before September 1, 2011, and currently resides out-of-state;
• Anyone employed at University Hospital on a temporary or per-semester basis as a per diem faculty, or researcher;
• Anyone employed at University Hospital in a full or part-time position as a member of the faculty, the research staff, or the administrative staff whose job title University Hospital was included in its annual report requiring the position to be exempt (see next question and response);
• Anyone who is employed full-time at University Hospital who serves in an office, employment, or position that requires the person to spend the majority of his or her working hours in a location outside of this state.

Current University Hospital employees who now live in New Jersey but who move out of New Jersey after September 1, 2011 are not exempted from the residency requirement, unless their positions qualify for inclusion on an exempt list described below, or unless they file (and win), an appeal based on critical need or hardship.

8. What if I take Family Medical Leave for more than seven days? Is this considered a break in service?
No. As long as you remain employed by University Hospital during your paid or unpaid leave of absence, there is no break in service.

9. What do I do if I accept a job at University Hospital, but I cannot move to New Jersey?
The bill provides a mechanism to request an exemption from the residency requirement based on critical need or hardship.