Headen v. Jersey City Board of Education, A-17 September Term 2011; Supreme Court; opinion by LaVecchia, J.; decided November 15, 2012. On certification to the Appellate Division, 420 N.J. Super. 105 (App. Div. 2011). [Sat below: Judges Axelrad, Lihotz and Harris in the Appellate Division.] DDS No. 25-1-xxxx [25 pp.]
Plaintiff Valeria Headen is employed by defendant Jersey City Board of Education as a food service worker on a full-time 10-month basis. The district is subject to the Civil Service Act, N.J.S.A. 11A:1-1 to 12-6, because it opted to adopt Title 11A. Plaintiff filed a complaint against the board alleging that because the district is governed by the act, she and potential class members are entitled to vacation leave under 11A:6-3 and -7. The former establishes the minimum amount of vacation leave required for full-time employees of political subdivisions. The latter provides that part-time employees are to be provided proportionate vacation, sick and administrative leave. N.J.A.C. 4A:6-1.2 specifies how such leave shall be calculated.
