New Jersey’s Earned Sick Leave Act went into effect on October 29, 2018 (final regulations and amendments went into effect in 2020). It applies to just about every private employer and employee in New Jersey!

For what reasons may paid sick time be used?

Employees are permitted to use earned sick leave for:

(1) Time needed for diagnosis, care, or treatment of, or recovery from their own mental or physical illness, injury or other adverse health condition, or for preventative medical care;

(2) Time needed to aid or care for a family member during diagnosis, care, or treatment of, or recovery from their own mental or physical illness, injury or other adverse health condition, or for preventative medical care;

(3) Absence necessary due to circumstances resulting from they or a family member being a victim of domestic or sexual violence (including to obtain medical attention, domestic violence/victim services, psychological or other counseling, or legal services; or for relocation or legal proceedings);

(4) Time needed to attend school-related conferences, meetings, or any event requested or required by a school administrator, teacher, or other professional staff member responsible for their child's education, or to attend a meeting regarding care provided to their child in connection with their child's health conditions or disability; or

(5) Absence necessary due to a public health emergency declared by a public official that causes the closure of their workplace or their child's school or childcare facility, or that their presence or that of their family member requiring care would jeopardize the health of others.

“Family member” means a child, grandchild, sibling, spouse, domestic partner, civil union partner, parent, or grandparent of an employee, or a spouse, domestic partner, or civil union partner of a parent or grandparent of the employee, or a sibling of a spouse, domestic partner, or civil union partner of the employee, or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.

Employers are prohibited from requiring an employee to use earned sick time, even when an employee is absent from work for a reason the employer knows to be covered by the Act but does not elect to use earned sick leave.

May an employer require advance notice and documentation?

If sick leave is foreseeable, employers may require advance notice, not to exceed 7 calendar days, of the intent to use leave and its expected duration. Employers may require employees to make reasonable efforts to schedule the use of sick leave in a manner that does not unduly disrupt the employer's operations and may prohibit employees from using foreseeable sick leave on certain dates. Employers may also require reasonable documentation if sick leave that is unforeseeable is used during those dates.

If sick leave is unforeseeable, employers may require employees to give notice of the intention to use the leave as soon as practicable, provided that the employer has notified the employee of this requirement.

What if an employee is absent for 3 consecutive days or more? The employer may require reasonable documentation confirming the employee used sick leave for a covered purpose.


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