New Jersey Requires Employee Paid Sick Leave

New Jersey recently passed the New Jersey Earned Sick Leave Law requiring employers to provide paid sick leave to New Jersey employees. The new law takes effect on October 29, 2018 and applies to any person or entity with employees in New Jersey. The law covers all employees working in New Jersey with the following exceptions: construction industry workers covered under collective bargaining agreements; per diem health care employees; and public employees who are provided with sick leave with full pay pursuant to other New Jersey regulations.

The act requires employers to provide 1 hour of earned sick leave for every 30 hours worked to each employee covered under the law. Employers may choose to “front-load” the sick leave by providing, on the first day of the year, the full amount of sick leave an employee is expected to earn over the course of the year. Employers are not required to allow the employee to accrue or use more than 40 hours of earned sick leave in any benefit year. Earned sick leave must be paid at the same rate of pay with the same benefits as the employee normally earns. The law prohibits employer retaliation and/or discrimination against an employee for using earned sick leave in accordance with the new law.

Employers subject to the act must provide written notification to employees of their rights under the act, including the amount of earned sick leave to which they are entitled and the terms of its use, and remedies provided by the act to employees if an employer fails to provide the required benefits or retaliates against employees for exercising their rights under the act. A standard form of this written notification is available on the NJDOL website. Employers are required to distribute the notification to employees and conspicuously post the notification in an area accessible to all employees.

We very much appreciate the opportunity to serve you. Please contact us at 215-675-8364 with any questions or if you require any assistance implementing this change.