New Jersey’s paid sick leave law went into effect on October 29. The New Jersey Paid Sick Leave Act mandates that employers must provide a minimum of 40 hours of sick leave to their employees who work within the state. The law also stipulates that the employer must establish a 12-month benefit year, with a carryover provision to bring up to 40 hours of unused time into the following benefit year. An optional payout provision allows employers to offer to buy back the accrued sick-leave; acceptance of this arrangement is at the discretion of the employee. The law also protects employees from employer retaliation and provides rules for record keeping.
All employers, regardless of size, must offer a sick leave policy compatible with the law’s terms to all company employees who work within the state of New Jersey. The law applies to temp agencies and small businesses. Excluded from the new rules are those working under collective bargaining agreements, per diem employees, and public employees with existing sick leave plans.
The employer must designate any 12-month period to serve as the benefit year. This official timeframe must be reported to the New Jersey Department of Labor and Workforce Development; any changes to these established dates must go through the department.
The law provides two systems by which employees may accrue sick time. Employers must establish one system or the other.
Employers are only required to allow up to 40 hours to be used within one benefit year. After 120 days of employment, the employee is permitted to use sick leave for reasons including:
The law defines the term family member broadly to include employee’s blood relatives, as well as others close enough to mirror a family relationship.
If you experienced pushback from your employer about using your accrued sick leave, or you believe the sick leave policy at your place of employment is not in compliance with New Jersey’s sick leave law, you should contact the Long Branch employment lawyers at Fox & Melofchik, L.L.C. right away. For a free consultation, contact us online or call us at 732-493-9400.
Located in Eatontown, New Jersey, we serve clients throughout Monmouth County, Ocean County, Middlesex County, Mercer County, Asbury Park, Neptune, Long Branch, Keansburg, Ocean Township, Eatontown, Red Bank, Middletown, Colts Neck, Deal, Freehold, Holmdel, Jackson, Little Silver, Marlboro, and Rumson.