Sick leave ensures employee welfare, giving workers the ability to take time off to recover from illness without fear of losing their jobs or income. In New Jersey, the Paid Sick Leave Law provides comprehensive protections for employees, while outlining specific obligations for employers. Understanding these rights and responsibilities is essential for both parties to ensure compliance and foster a healthy work environment.

The New Jersey Paid Sick Leave Law, enacted in 2018, requires employers to provide paid sick leave to their employees. This legislation is designed to support workers who need time off for health-related reasons, including personal illness, caring for a family member, or dealing with domestic violence.

With Brandon J. Broderick, Attorney at Law by your side, our employment lawyers can help you navigate the complexities of this law and other employee rights. We are one phone call away.

Understanding Employees' Rights Under the Paid Sick Leave Law

Accrual of Sick Leave

Employees in New Jersey accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours per year. This accrual begins on the first day of employment, although employees are not eligible to use their accrued sick leave until after 120 days of employment.

Uses of Paid Sick Leave

Paid sick leave can be used for various reasons, including:

• Personal Illness or Injury: Employees can take time off to recover from their own illness, injury, or health condition.
• Care for Family Members: Employees can use paid sick leave to care for a family member who is ill or injured.
• Medical Appointments: Time off for medical appointments, including routine check-ups and specialist visits, is covered.
• Domestic Violence: Employees can use paid sick leave to address issues related to domestic or sexual violence, such as seeking legal or medical assistance.
• Public Health Closures: If a workplace or child's school or daycare is closed due to a public health emergency, employees can use their paid sick leave.

Notice and Documentation

Employees are required to provide advance notice if the need for paid sick leave is foreseeable. For unforeseeable absences, employees should notify their employer as soon as possible. Employers may request documentation for absences of three or more consecutive days, but cannot demand detailed medical information.

Carryover and Payout

Unused paid sick leave can be carried over to the next year, but employers are not required to allow employees to use more than 40 hours of paid sick leave in a single year. Alternatively, employers can offer to pay employees for unused sick leave at the end of the benefit year, provided the employee agrees.

Employer Obligations Under the Paid Sick Leave Law

Recordkeeping Requirements

Employers are required to maintain records documenting hours worked, sick leave accrued, and sick leave used by employees for a period of five years. These records must be made available to the New Jersey Department of Labor and Workforce Development upon request.

Notification and Posting

Employers must inform employees of their rights under the Paid Sick Leave Law by:

• Posting a Notice: A notice provided by the New Jersey Department of Labor and Workforce Development must be posted in a conspicuous place at the workplace.
• Employee Handbooks: The employer should include information about the Paid Sick Leave Law in their employee handbooks.
• Individual Notices: Employers must provide individual written notices to employees regarding their rights under the law.

Prohibitions Against Retaliation

The law strictly prohibits employers from retaliating against employees who request or use paid sick leave. Retaliation can include firing, demotion, or any other adverse employment action taken against an employee for exercising their rights under the law.

Penalties for Non-Compliance

Employers who fail to comply with the Paid Sick Leave Law may face penalties, including fines and potential lawsuits. Employees have the right to file a complaint with the New Jersey Department of Labor and Workforce Development if they believe their rights have been violated.

Legal Options for Employees

Employees who believe their rights under the Paid Sick Leave Law have been violated should consult with a lawyer. Your legal options include filing a complaint with the New Jersey Department of Labor and Workforce Development, which will investigate the claim and take appropriate action. In some cases, employees may also pursue civil litigation to recover lost wages, reinstatement, and other damages.

Call Brandon J. Broderick For Legal Help

Navigating employment law and issues like paid sick leave can be challenging for both employees and employers. At Brandon J. Broderick, Attorney at Law, we specialize in employment law and are dedicated to helping you understand and protect your rights. Our experienced legal team is here to provide the guidance and support you need.

Contact us today to schedule a consultation with one of our lawyers.