New Jersey has enacted a new legislation that will affect all entrepreneurs. Earlier this year, we reported on 3 Bills to Shake Up New Jersey Employment Law and noted that all New Jersey employers should therefore be aware of the key aspects of the Bills and their potential implications should the Bills ultimately be enforced. Another important law we previously wrote about was the local Morristown Paid Sick Leave Ordinance. Now, we are happy to announce that New Jersey has become the 10th State in the Nation to require employers to provide sick paid time off to workers.

As of October 28, 2018, all employers in New Jersey had to start complying with The New Jersey Paid Sick Leave Act (NJPSLA). Just in time for flu season, qualified employees began accruing time that they eventually can use to stay home when they get sick, care for an ailing family member, attend a child’s school-related meeting and more.

Under the law signed by Gov. Phil Murphy in May, employers must provide up to 40 hours of earned sick leave per year. Full- and part-time employees accumulate paid time off at a rate of one hour of earned sick time for every 30 hours worked, or the employer can advance its employees earned sick leave at the beginning of the benefit year.

“Finally, New Jerseyans will never have to choose whether to visit a doctor, care for a loved one, or earn a paycheck,” said Gov. Murphy. “With this law, we will improve the lives of residents across the state, giving them the protections they deserve.”

As an employee, what do you need to know?

How can you use your earned sick leave?

The full explanation of the reasons for which an employer must permit an employee to use earned sick leave may be found within the Department rule proposal on page 29, at proposed new N.J.A.C. 12:69-3.5(a). You may use the following link to access the Department rule proposal: https://nj.gov/labor/forms_pdfs/Roles/Legal/FinalAdminDecisions/2018/prn2018095.pdf

Here is a simplified list of the reasons for which an employer must permit an employee to use earned sick leave:

• Time needed for diagnosis, care, or treatment of an employee’s mental or physical illness, injury, or other adverse health condition, or for preventative medical care for the employee.
• Time needed for the employee to aid or care for a family member of the employee during diagnosis, care or treatment of, or recovery from, the family member’s mental or physical illness, injury, or other adverse health conduction, or during preventative medical care for the family member.
• Absence necessary due to circumstances resulting from the employee, or a family member of the employee, being the victim of domestic or sexual violence.
• Time during which the employee is not able to work because of a closure of the employee’s workplace, or the school or place of care of a child of the employee, due to a public health emergency
• Time needed by the employee in connection with a child of the employee to attend a school related conference, meeting, function, or other event requested or required by the school, or to attend a meeting regarding care provided to the child in connection with the child’s condition or disability.

Which employees are not covered by the Earned Sick Leave Law?

Under the Earned Sick Leave Law, “Employee” does not include the following:

• An individual engaged in service for compensation in the construction industry under contract pursuant to a collective bargaining agreement
• A per diem health care employee; or
• A public employee who is provided with sick leave at full pay under any other law or rule of New Jersey.

Does the Earned Sick Leave Law apply to part-time and seasonal employees?

Yes. The Earned Sick Leave Law makes no distinction for coverage between part-time or seasonal employees and full-time employees. All employees are covered.

The New Jersey Department of Labor and Workforce Development is charged with enforcing the new law. To read the full FAQs from Labor Department, click here.  They released on its website the required notice that must be posted and distributed to all New Jersey employees under the New Jersey paid sick leave law. You can find a copy of the notice on the NJDOL’s website.

 

If you need further guidance or advice regarding employment matters, please contact us.