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Understanding New Jersey’s

Earned Sick Leave Law

Disclaimer

• This presentation provides general information, not legal opinion. ​
• The NJ Department of Labor & Workforce Development (NJDOL) has provided this information and related materials as part of the FY22 Cultivating Access, Rights, and Equity (CARE) Grant Program.​
• The presenters work closely with NJDOL to keep this information timely and accurate. However, there will often be a delay between official publications of the materials and modifications. ​
• The NJ Register and the NJ Administrative Code remain the official sources for regulatory information published by the NJDOL. 

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PowerPoint Presentation

• Introduction
• What is the law?
• Who is covered?
• What is the Notice of Employee Rights?
• How does sick leave accrue?
• When can I use earned sick leave?
• How am I paid for my sick days?

• What are some of the rules for employers?
• Conclusion

Introduction

• Applies to nearly ALL NJ Time to care for oneself and family
• Employers must ensure existing policies are in compliance
• Earned Sick Leave = Paid Sick Leave = Paid Sick Time = Paid Sick Day

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Introduction

• NJ Department of Labor and Workforce Development oversees implementation and enforcement
• Required Notice of Employee Rights in 11 languages, one-page overviews, FAQs, and other helpful resources at mysickdays.nj.gov

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• Employers must provide employees with up to 40 hours of paid sick time per year to care for themselves and family.
• Employers may provide 40 hours up front or employees accrue 1 hour for every 30 hours worked.

What is the Law?

• Applies to nearly ALL employees, full-time, part-time and temporary
• Regardless how you are paid- cash, piece rate or salary

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Who is Covered?

• Per diem
• Seasonal
• Nonprofit
• Domestic workers
• Homemaker-home health aide
• Supervisors and managers
• Regardless of citizenship status
• Employees who work in NJ but employer is out of state

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Who is Covered?

• ALL employers, regardless of number of employees
• Nonprofits
• Faith-based organizations
• Restaurants
• Farms
• Child care centers
• Nearly all employers

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Who is Covered?

The following people will not receive sick leave under this law:

• Union construction workers under a collective bargaining agreement
• Most per diem healthcare workers
• Public employees who are provided sick leave with full pay pursuant to any state law, rule or regulation
• Independent contractors (1099)

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Who is Not Covered?

• For employees with an existing collective bargaining agreement (CBA) in effect on October 29, 2018, no provision of the law shall apply until the expiration of the CBA
• Non-bargaining unit employees are still covered

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Collective Bargaining Agreement

A Notice of Employee Rights is required to be posted in the workplace.

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Notice of Employee Rights

• 1 hour is accrued for every 30 hours worked -or- employer has the option to provide a lump sum/advance
• Employer can limit usage to 40 hours per benefit year.

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How Does Sick Leave Accrue?

• To care for yourself and family
• Physical and mental health or injury, or wellness care
• To get the COVID-19 vaccine and/or recover from side effects
• Domestic or sexual violence
• School meetings for your child
• Public health emergencies that closed work, or the school or place of care of child

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When Can I Use Earned Sick Time?

• Child (biological, adopted, or foster child; stepchild; legal ward; child of a domestic partner or civil union partner)
• Grandchild
• Sibling
• Spouse
• Domestic partner or civil union partner
• Parent
• Grandparent

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What is the Definition of “Family”?

• Spouse, domestic partner, or civil union partner of an employee’s parent or grandparent
• Sibling of an employee’s spouse, domestic partner, or civil union partner

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• Any individual related by blood to the employee
• Any individual whose close association is the equivalent of family

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• When employee has planned to use sick leave (for example: doctor’s appointment for wellness care)
• Employer may require 7 days’ advance notice

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Planned Sick Leave

• Employee is unable to reasonably anticipate their need for leave (for example: a child wakes up sick)
• Employer may require that employee notifies the employer as soon as possible

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Unplanned Sick Leave

• Same rate employee normally earns (not including overtime)
• Different calculations exist for the following types of employees:

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• Tipped Workers
• Multiple Rates of Pay
• Piecework
• Commission

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• Your employer is required to pay you in the same or next pay period, and the pay must come with your regular pay check or another method that can be deposited or cashed easily. 

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How Am I Paid for My Sick Days?

• If an employee has a need for earned sick leave, an employer may require documentation only when:

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• Employee has used 3 or more consecutive days
• It’s a high-volume period for the business, or there is a special event

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• Employer cannot require documentation for 1 or 2 days of absence

Rules for Employers

• An employer cannot discipline an employee who uses earned sick leave for a permitted reason
• An employer is not allowed to require an employee to find coverage when using earned sick leave, or make up the hours
• Retaliation is against the law

Rules for Employers (cont.)

• Discipline, discharge, demotion, suspension, a loss or reduction of pay, or any other adverse action.
• Examples include:

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• Refusing to permit a worker to take an overtime shift
• Changing an employee’s schedule
• Changing an employee’s type of work
• Implementing a timekeeping system

What Can Retaliation Look Like?

• Unused leave time at the end of a benefit year is either carried over or bought back by the employer
• Up to 40 hours can be carried over per benefit year
• Employees are permitted to have more than 40 hours of ESL in their leave bank
• However, an employer is permitted to limit them to 40 hours usage or carry over per year

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What Happens to Unused Sick Leave?

• Visit mysickdays.nj.gov
• Notice of Employee Rights in 11 languages
• One-page overviews
• FAQs
• Helpful resources
• File or download complaint form online

Are Your Rights Being Violated?

File a complaint for free:

• Online: myworkrights.nj.gov  
• Mail or Fax:  
• New Jersey Department of Labor and Workforce Development �Division of Wage and Hour Compliance, P.O. Box 389 �Trenton, NJ 08625-0389 �Fax: (609) 695-1174 
• Print a paper form at: nj.gov/labor/file 

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Filing a Wage and Hour Complaint

• A trusted person may file on your behalf or help you file. Groups of employees must file separate complaints. 
• Supply current address, contact information, description of claim, and any supporting documentation (e.g. time records, checks, pay stubs).
• Answer accurately and submit copies, not originals, of all relevant documents. 
• You may be asked to provide additional details (i.e. employer information, hours worked). 
• Farm workers, email farms@dol.nj.gov to tell us you’ve filed or to get help. 

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For questions for NJDOL, call (609) 292-2305 or email wage.hour@dol.nj.gov  

NJDOL will make every effort to provide assistance in your language 

Tips on Filing a Complaint

• If you filed a complaint or are a witness that provided a statement, we will protect your name and identifying information to the maximum extent allowable under the law.

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• To file anonymously, file by mail or fax. Write “ANONYMOUS” in the name section of the complaint form and leave address blank. You won’t receive information about your complaint or be able to check its status.  

Confidentiality and Filing Anonymously

• Employers may not retaliate against you for filing a complaint, it’s against the law. Employers that break the law can face fines and penalties. Learn more at myworkrights.nj.gov. 

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• NJDOL employees do not ask questions about immigration or citizenship and serve all workers regardless of their status. NJDOL will not share any information from an investigation with any federal immigration agency, unless legally required to do so.  

Protection from Retaliation

myworkrights.nj.gov

• Info for tipped workers, farm workers, domestic workers
• Misclassification
• Safe and Healthy Workplaces

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NJ Paid Family and Medical Leave: myleavebenefits.nj.gov

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Job-Related Injuries: nj.gov/labor/workerscompensation

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NJ Law prohibits discrimination at work

njcivilrights.gov

NJ Work Rights & Benefits Overview

You’re due the full amount of wages owed, for all hours worked, and no less than the applicable state minimum wage.

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• Overtime: Most workers are owed 1.5 times regular hourly rate of pay for hours worked over 40 hours/week

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• Public Construction (i.e., schools, buildings, roads): Contractors must register with the State and pay prevailing wage

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• Misclassified as independent contractor (1099) or paid cash off the books: you’re not at fault, but you could be deprived of work rights and other benefits. Misclassified employees may be entitled to financial award.

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Learn more at myworkrights.nj.gov

You have the Right to be Paid

NJ Paid Family and Medical Leave

• Cash benefits to care for yourself and loved ones (requires valid SSN)
• Job may be protected under federal/state law

myleavebenefits.nj.gov

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Job-Related Injuries

You may be eligible for Workers’ Compensation 

nj.gov/labor/workerscompensation

More NJ Work Rights & Benefits

Safe and Healthy Workplace

• Employers must follow state and federal OSHA standards

nj.gov/labor/safetyandhealth

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NJ Law Prohibits Discrimination at Work

njcivilrights.gov

More NJ Work Rights & Benefits

LET’S DISCUSS

What questions do you have?