What Employees Need to Know
Most New Jersey employees now have the right to earned sick leave so they
can:
•
care for their own, or a family member’s, physical or mental health or
injury
•
address domestic or sexual violence against themselves or a family member
•
attend a child’s school-related meeting, conference, or event
•
take care of their children when school or child care is closed due to an
epidemic or public health emergency
This sheet will be updated as additional information becomes available; note
the revision date in the footer.For more details or to read the law and
proposed rules, go to nj.gov/labor/earnedsick.
Note:
If your employer has an existing sick leave policy allowing employees to use
sick leave, it must meet or exceed the requirements of the law.
WHO’S
COVERED BY THE LAW?
Employers must provide earned sick leave to full- and part-time employees.
Employers are not required to provide earned sick leave to the following
employees:
•
individuals employed in the construction industry under a union contract
•
per diem health care employees
•
public employees who are provided with sick leave at full pay under any
other NJ law or rule
•
independent contractors who do not meet the definition of an employee under
NJ law
NOTICE
OF EMPLOYEE RIGHTSIf
you are a covered employee, your employer must give you written notice of
your right to earned sick leave. You have a right to the notice in English,
and if available on the NJDOL website, your primary language. Keep a copy of
the notice; you can download it at nj.gov/labor/earnedsick.
EARNED
SICK LEAVE ACCRUAL AND USE
You accrue 1 hour of earned sick leave for every 30 hours worked, up to a
maximum of 40 hours of leave per benefit year. For example, if you work 40
hours a week, you will earn 5.33 hours of earned sick leave in 4 weeks.
Alternatively, your employer can provide you with 40 hours of earned sick
leave up front. “Benefit year” means any regular and consecutive 12-month
period of time determined by your employer. The Notice of Employee Rights
must state the benefit year.
With your employer’s consent, you can work additional hours to make up for
hours of work missed rather than use earned sick leave. However, your
employer cannot require this, or require you to use earned sick leave.
Your employer cannot require you to search for or find a replacement worker
to cover the hours during which you will use earned sick leave, as a
condition of using the leave. Keep a copy of all documents that show your
amount of earned sick leave accrual and use.
PAYMENT
OF EARNED SICK LEAVE
Your rate of pay for earned sick leave must be your regular hourly rate, but
no less than the state minimum wage. If your pay fluctuates, you have two or
more jobs for the same employer, you’re paid for piecework, or your pay
includes gratuities, food, or lodging, your rate of pay for sick leave is
calculated by adding together your total earnings, exclusive of overtime
pay, for the seven most recent workdays. Divide that sum by the total hours
of work during that seven-day period. If you’re paid by commission, whether
base wage plus commission or commission only, your rate of earned sick leave
pay is the hourly base wage or the state minimum wage, whichever is greater.
DEFINITION OF FAMILY MEMBERS
The law recognizes the following individuals as “family members” for the
purposes of earned sick leave use:
DOMESTIC OR SEXUAL VIOLENCE
If you or your family member have been a victim of domestic violence or
sexual
violence, you can use earned sick leave for treatment, counseling, or to
prepare for legal proceedings.
ADVANCE
NOTICE
If your need for earned sick leave can be planned in advance, your employer
can require up to seven days’ advance notice of your intention to use earned
sick leave. If your need for earned sick leave cannot be planned in advance,
your employer may require you to give notice as soon as it is practical.
DOCUMENTATION
Your employer can require reasonable documentation if you use earned sick
leave on three or more consecutive workdays, or on certain dates specified
by the employer.
UNUSED
EARNED SICK LEAVE
You may carry over up to 40 hours of unused earned sick leave into the next
benefit year. However, your employer is required only to let you use up to
40 hours of leave per benefit year. Alternatively, your employer can offer
to pay you for your unused earned sick leave at the end of the benefit year.
RETALIATION
Your employer cannot retaliate against you for requesting or using earned sick leave, filing a complaint with NJDOL, communicating with any person about a violation of the law, participating in an investigation regarding an alleged violation of the law, or informing another person of their potential rights under the law. Retaliation includes threat, discipline, discharge, demotion, suspension, or reduction in hours, or any other adverse action against you for exercising or attempting to exercise any right guaranteed under the law