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- Beginning November 1st, New Jersey is significantly expanding access to earned sick leave, extending benefits to nearly all private-sector employees in the state, irrespective of their employment status.
- Previously, the law covered employees of employers with 60 or more workers.
- Employees will accrue one hour of earned sick leave for every 30 hours worked.
New Jersey Expands Earned Sick leave for All Workers
What’s Changing with New Jersey’s Sick Leave Law?
Beginning November 1st, New Jersey is significantly expanding access to earned sick leave, extending benefits to nearly all private-sector employees in the state, irrespective of their employment status. This represents a major shift in worker protections, aiming to address public health concerns and economic security for a broader range of individuals.
Who is Now Eligible?
Previously, the law covered employees of employers with 60 or more workers. The new law removes this employer size threshold, meaning even small businesses will be required to offer earned sick leave. This includes part-time, temporary, and seasonal workers, significantly broadening the scope of coverage. Autonomous contractors are *not* covered under this law.
Eligibility Requirements
- Employees must work at least 80 hours in a calendar year to be eligible.
- Accrual begins on the employee’s first day of employment.
- Employees can use accrued sick leave after 90 days of employment.
How Much Sick Leave Can Employees Earn?
Employees will accrue one hour of earned sick leave for every 30 hours worked. There is a cap of 40 hours (5 days) of earned sick leave per year. Employers are not required to cash out unused sick leave at the end of the year, but they can choose to do so. Carryover is permitted, up to a maximum of 40 hours.
| Hours Worked | Sick Leave Earned |
|---|---|
| 30 hours | 1 hour |
| 60 hours | 2 hours |
| 90 hours | 3 hours |
| 120 hours | 4 hours |
What Can Sick Leave Be Used For?
Employees can use earned sick leave for a variety of reasons, including:
- Their own physical or mental illness, injury, or medical condition.
- To care for a family member with a physical or mental illness, injury, or medical condition.
- To attend a medical appointment for themselves or a family member.
- To address issues related to domestic violence or sexual assault.
- Public health emergencies.
Employer Responsibilities
Employers are required to:
- Provide written notice to employees about their rights under the Earned Sick Leave Law.
- Track employees’ accrued sick leave.
- Allow employees to use earned sick leave as outlined in the law.
- Refrain from retaliating against employees for using earned sick leave.
Employers can require reasonable documentation for absences exceeding three consecutive workdays.