A new state law in New Jersey requires employers to provide paid sick leave to their employees. The new law goes into effect on October 29, 2018.
Under the new law, employers must provide employees with up to 40 hours of paid sick leave each benefit year. Employees will be able to accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours of sick leave time during the benefit year. Further, employees will be able to use their leave time for their own physical or mental condition, to care for a family member’s physical or mental condition, to attend a school-related conference or meeting for the employee’s child, to obtain services if the employee or a family member is a victim of domestic or sexual abuse, or for official workplace, school or childcare closures caused by a public health concern.
All employers must comply with the new law. There is no exception for small employers, regardless of the number of workers employed. However, the new law exempts the following specific categories of workers: per diem health care workers, construction workers covered by a collective bargaining agreement, and public employees who are already provided with sick leave with full pay.
The new law preempts all existing municipal and county sick leave laws. Employers with paid sick leave policies with terms more favorable to employees than those set forth in the new law will be in compliance with the new law.
The new law also addresses carry over of unused paid sick leave, notice requirements for an employee’s use of leave, payout of unused paid sick leave on termination of employment, and recordkeeping requirements, among other requirements.