New Jersey paid sick leave laws require employers to provide up to 40 hours of paid sick leave per year under N.J.S.A. 34:11D-1 et seq. and N.J.A.C. 12:69. This comprehensive law ensures workers have access to protected time off for health and safety needs.
The law establishes clear guidelines for both employers and employees while providing flexibility in how leave can be administered, whether through accrual or frontloading methods. These requirements apply to most employers and employees throughout the state.
Common Questions About New Jersey Paid Sick Leave
Understanding New Jersey paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines for leave accrual and usage while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in New Jersey?
Most New Jersey employees can take this leave, with only a few exceptions:
- Per diem healthcare employees
- Construction workers covered by a collective bargaining agreement
- Certain public employees
- Independent contractors
Which employers have to provide this leave?
All employers must provide this leave to New Jersey employees, except public employers that already provide paid sick leave under another New Jersey law.
How much leave do employers need to provide?
Employees accrue one hour of paid sick leave for every 30 hours worked, up to 40 hours per year. Accrual begins on the first day of employment, and exempt employees are presumed to work 40 hours per week.
What can New Jersey paid sick leave be used for?
Employees can use this leave for diagnosis, care, treatment, or recovery from their own or a family member’s health condition, as well as preventive medical care and domestic or sexual violence-related needs. The policy also applies to a workplace or child’s school/childcare closure due to public health emergency or quarantine during state of emergency. School-related conferences or meetings regarding child’s care are also covered.
How does this relate to other types of leave?
Employers can use paid time off policies to comply if they provide at least as much leave and allow for the same reasons as the sick leave law requires.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit employees to using 40 hours of paid sick leave per year. The law doesn’t allow employers to set a total accrual cap.
Can employers provide all the leave at once instead of letting it accrue?
Employers can frontload the full 40 hours at the beginning of the year. For part-time or mid-year hires, employers can provide prorated amounts but must track hours and allow additional accrual if needed. Employers frontloading less than 40 hours must allow carryover.
Do employers have to carry over unused leave?
Employees can carry over up to 40 hours of unused leave. Employers using accrual can offer to pay out unused leave, with employees having 10 days to accept. Those who frontload can either pay out unused leave or allow carryover.
What is the smallest amount of leave an employee can use?
Employers can set increment requirements, but cannot require longer increments than an employee’s scheduled shift length.
What notice do employers and employees need to provide?
Employers must provide notice at hire, upon first request, and post information in visible locations. Notices must be in the majority language of the workforce.
For employees, up to 7 days’ notice may be required for foreseeable leave, with an effort to minimize disruption. For unforeseeable leave, notice must be given as soon as practicable.
What verification can employers ask for?
Employers can require verification for absences of three or more consecutive days. They can also require verification for unforeseeable absences during “verifiable high-volume periods or special events.”
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected. While employers don’t have to pay out unused leave at separation (unless required by company policy), they must reinstate previously accrued leave if employees are rehired within 6 months.
Simplify New Jersey Paid Sick Leave with SixFifty
Navigating New Jersey paid sick leave requirements can be complex, especially with various options for administration and payout. SixFifty’s solutions streamline the process, ensuring your policies align with state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws change.
Want to see how it works? Schedule a free demo today!
