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Effective October 29, 2018, New Jersey employers must provide earned sick leave to employees up to a maximum of 40 hours per benefit year. One hour is accrued for every 30 hours worked.
Sick time may be used for illness, injury, diagnosis or treatment, domestic violence issues, school closings and school—related functions for yourself or a family member – which is broadly defined.
If you are a NJ employer – this applies to you. There are no restrictions on the size of the employer.
Existing employees must receive notice of this law by November 29, 2018. New employees are not permitted to use sick time until after day 120. New Jersey employers must also post a notice of employee rights in a conspicuous place accessible to all employees in each of the employer’s workplaces. You can find a copy of the notice as well as the posters here.
If you provide PTO time, you should be ok, provided that the rate at which the time is accrued is equal to or greater than the sick leave law. There are also carry over provisions and buy-out options available, but you may want to consult your employment law attorney or HR professional regarding implementation.
Violations of the act shall be regarded as violations of the New Jersey State Wage and Hour Law – which means a friendly visit from a DOL auditor.
