
John G. Geppert, Jr.
Partner
201-896-7097 jgeppert@sh-law.comFirm Insights
Author: John G. Geppert, Jr.
Date: October 4, 2018
Partner
201-896-7097 jgeppert@sh-law.comNew Jersey’s paid sick leave law is slated to take effect on October 29, 2018. In preparation, the New Jersey Department of Labor and Workforce Development (NJDOL) recently published regulations to implement the new law.
On May 2, New Jersey became the 10th state in the country with a paid sick leave law. Under the Earned Sick and Safe Days Act (Act), workers are entitled to at least five sick days a year, earning one hour of paid sick time for every 30 hours worked. Employers must pay workers for earned sick leave at the same rate of pay, and with the same benefits, as they normally earn.
As discussed in greater detail in a prior article, the paid sick leave law excludes per diem healthcare workers and construction workers covered by a collective bargaining agreement (CBA). In addition, it does not apply to non-construction employees covered by a CBA that is effective when the law goes into effect. However, it will apply at the expiration of the CBA. Employees and their representatives may waive the rights available under the law and address paid leave in collective bargaining. The law also excludes a public employee who is provided with sick leave at full pay pursuant to another New Jersey law or regulation.
Under the new sick leave law, workers may use paid leave for their own qualifying need or for that of a family member. The term “family member” is defined broadly to include children, grandchildren, siblings, spouses, domestic partners, civil union partners, parents, and grandparents, as well as any individual “whose close association with the employee is the equivalent of a family relationship.” The Act entitled employees to use earned sick leave in the following situations:
Employees may use their earned sick leave beginning on the 120th day after employment starts unless the employer agrees to an earlier date. The employee may subsequently use earned sick leave as soon as it is accrued. Employers are not required to allow workers to accrue or use more than 40 hours of earned sick leave per benefit year. Accrual will start on the effective date of the law for employees who commenced employment prior to the effective date of the law. For new employees, sick leave begins to accrue when employment commences.
On September 13, 2018, the NJDOL published regulations to implement New Jersey’s new paid sick leave law. The regulations cover numerous provisions of the Act, including the accrual, advancing, use, payment, payout, and carry-over of earned sick leave. The regulations also address violations of the Act, administrative penalties and fees, recordkeeping, employee notification of their rights under the Act, the method for determining independent contractor status under the Act, and the process for filing a complaint alleging a violation of the Act.
Below is a brief summary of several key aspects of the regulations:
A public hearing on the proposed new rules will be held on November 13, 2018, at the NYDOL headquarters in Trenton. The agency will also accept written comments on the proposed regulations until December 14, 2018, after which it may publish its final regulations.
With the compliance deadline of October 29, 2018, quickly approaching, employers should be preparing now, if they have not done so already. While many New Jersey businesses already offer paid leave, the new sick leave law imposes specific obligations in terms of coverage, allowable reasons for leave, and record keeping. Given the complexity of the law and the penalties for noncompliance, we encourage all employers to discuss the new law with experienced counsel. For assistance, contact a member of the Scarinci Hollenbeck Labor & Employment Group.
If you have any questions or if you would like to discuss the matter further, please contact me, John G. Geppert, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
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