New Jersey Enacts Paid Sick and Safe Leave Law

Author: David B. Weisenfeld, XpertHR Legal Editor

May 3, 2018

Paid sick leave will soon be available to most New Jersey employees under a sweeping law that Governor Phil Murphy signed yesterday. While 13 New Jersey municipalities already have passed laws requiring employers to offer earned sick leave, an estimated 1.2 million workers in the Garden State do not have access to any kind of paid sick leave.

But effective October 29, 2018, that will change. Under the new law, private-sector employees in New Jersey will be able to accrue one hour of earned sick leave for every 30 hours worked, up to 40 hours each year. Employers also must pay an employee out on leave at the same rate of pay with the same benefits that he or she normally earns.

Employers must allow an employee to use earned sick leave for any of the following situations:

  • Time needed for the employee's diagnosis, care or treatment from a mental or physical illness, injury or other adverse health condition;
  • Time needed for the employee to care for a family member during the diagnosis or treatment of his or her mental or physical illness, injury or other adverse health condition;
  • Absence due to the employee, or his or her family member, being victimized by domestic or sexual violence;
  • Time for the employee to attend a school-related conference or meeting regarding his or her child; and
  • Time during which the employee is unable to work because the employee's workplace is closed due to an epidemic or other public health emergency.

New Jersey becomes the 10th state, plus the District of Columbia, to enact a paid sick leave law. In a statement, Governor Murphy said, "I am proud to sign into law one of the strongest earned leave protections in the country for every hardworking employee who deserves the basic right of a paid sick day."

The law preempts any counties or municipalities from adopting their own earned sick leave ordinance.