New Jersey Poised to Enact Statewide Paid Sick Leave Law
Author: Michael Cardman, XpertHR Legal Editor
April 25, 2018
Paid sick leave legislation has passed both chambers of the New Jersey legislature and awaits Gov. Phil Murphy's signature.
Murphy has expressed his support for paid sick leave and is expected to sign the bill into law. If signed, it would take effect 180 days later.
New Jersey would become the 10th state to pass a paid sick leave law, joining:
- Arizona;
- California;
- Connecticut;
- Maryland;
- Massachusetts;
- Oregon;
- Rhode Island;
- Vermont; and
- Washington.
Many localities also have passed paid sick leave laws, several of which are in New Jersey. New Jersey's statewide law would preempt those local laws.
The legislation would require employers in New Jersey to provide employees as many as 40 hours of paid sick leave every 12 months. Nonexempt employees would accrue one hour of earned sick leave for every 30 hours worked, up to 40 hours per benefit year, a period of 12 consecutive months established by an employer that cannot be changed without notifying the New Jersey Department of Labor and Workforce Development. Alternately, an employer could provide employees with a full 40 hours of earned sick leave on the first day of each benefit year.
Paid sick time may be used for:
- Diagnosis, care for, treatment of or recovery from mental or physical illness, injury or other adverse health condition, or for preventive medical care for the employee or a family member, meaning a child, grandchild, sibling, spouse, domestic partner, civil union partner, parent, grandparent or any other individual related by blood or whose close association is the equivalent of a family relationship;
- Absences due to domestic or sexual violence, including time needed for medical care, counseling, relocation and legal services;
- Quarantine-type closures of a workplace, school, day care center; or
- Attending school conferences or other functions.
An employer may discipline employees who use their paid sick time for some other purpose not included in the above list.