NJ's Paid Sick Leave Law Takes Effect Oct. 29

The New Jersey Department of Labor and Workforce Development has published both proposed regulations to implement the law and a new mandatory workplace poster.

Employers in New Jersey employers will be required to comply with the state's new Paid Sick Leave Act on Oct. 29, and the state's Department of Labor and Workforce Development has published both proposed regulations to implement the law and a new mandatory workplace poster.

The poster is a written notice that new employees must receive when they begin employment and current employees must receive by Nov. 29, 2018. It says the employer must provide up to a total of 40 hours of earned sick leave every benefit year, with the worker accruing earned sick leave at a rate of one hour for every 30 hours worked, up to a maximum benefit of 40 hours per benefit year. It also lists acceptable reasons to use earned sick leave:

  • The worker needs diagnosis, care, treatment, or recovery for a mental or physical illness, injury, or health condition, or he/she needs preventive medical care.
  • The worker needs to care for a family member during diagnosis, care, treatment, or recovery for a mental or physical illness, injury, or health condition, or the family member needs preventive medical care.
  • The worker or a family member has been the victim of domestic violence or sexual violence and needs time for treatment, counseling, or to prepare for legal proceedings.
  • The worker needs to attend school-related conferences, meetings, or events regarding his/her child's education or to attend a school-related meeting regarding a child's health.
  • The worker's business closes due to a public health emergency or he/she needs to care for a child whose school or child care provider closed due to a public health emergency.

The law recognizes biological, adopted, or foster children, stepchildren, legal wards, and children of a domestic partner or civil union partner as "family members," as well as recognizing grandchildren, siblings, spouses, domestic partners, civil union partners, and parents as "family members." The notice says up to 40 hours of earned sick leave can be carried over into the next benefit year, but an employer is only required to let that individual use up to 40 hours of leave per year. An employer can offer to purchase a worker's unused earned sick leave at the end of the benefit year.

The department has scheduled a public hearing on the proposed rules at 10 a.m. Nov. 13 at its Trenton headquarters.

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