The NJ Paid Sick Leave Act of 2018

sick employee

On October 29, 2018 New Jersey will join many other states that require employers of all sizes to provide employees with up to 40 hours of paid sick leave during an employer established “benefit year”.

Here is a snapshot of what you need to know about this law:

Who must comply:

All employers in New Jersey must cover all employees except for:

  • Per diem healthcare workers
  • Construction workers employed under a collective bargaining agreement
  • Specific public employees who currently have sick leave benefits

Required amount of paid sick time:

  • Employees will accrue one hour of paid sick time for every 30 hours worked, for up to 40 hours in each “benefit year”.
  • The accrual is for a “benefit year”, which an employer can establish for any period of time so long as it represents 12 consecutive months.
  • Once the employer establishes the benefit year, it cannot be changed without first notifying the Commissioners of Labor and Workforce Development.

Accrued sick leave may be used for time needed for:

  • Diagnosis, care or treatment of, or recovery from, an employee’s mental or physical illness, injury or other adverse health condition, or for preventative medical care for the employee.
  • Counseling, legal services or participation in civil or criminal procedures as a result of the employee or family member being a victim of domestic or sexual violence
  • School, workplace or childcare closings by order of a public health official
  • Attendance at school meetings or conferences

There’s much more you need to know to ensure compliance with this Act:

  • Must my company change its Paid Time Off policy?
  • Does the company need to revise its employee handbook?
  • Should the company frontload the 40 hours in the beginning of the year?
  • How should the company carry over unused but accrued sick leave?
  • Is there a waiting period?

Need help wading through the complexities? Contact me for assistance.

Tags: ,