Effective October 29, 2018, New Jersey’s Paid Sick Leave Act requires all employers with employees in the state of New Jersey, including out-of-state employers, to provide paid sick leave for a number of uses (NJ Rev. Stat. Sec. 34:11-56a et seq.).
Covered employers. The Act applies to all private employers with employees in the state of New Jersey, including temporary help service firms.
Public employers already required to provide employees with sick leave pursuant to any other state law or regulation are not covered by the law.
Covered employees. With a few exceptions, the Act covers all employees engaged in service for compensation in the state of New Jersey.
Excluded from the Act are independent contractors, construction workers covered by collective bargaining agreements, certain per diem healthcare employees, and public employees who already receive sick leave under other state laws.
For employees who work both within and outside of New Jersey, employers should consider how much time an employee spends working in New Jersey. If an employee routinely performs work in New Jersey and the employee’s base of operations or place from which such work is directed and controlled is in New Jersey, then the employee is entitled to sick leave.
Accrual and use of leave. Leave time accrues at a rate of 1 hour for every 30 hours worked.
Employers are not required to permit employees to accrue, use, or carry forward more than 40 hours of earned sick leave per benefit year.
Employees hired before October 29, 2018, began to accrue leave on the effective date of the Act. New hires begin to accrue leave on the date of hire.
New hires may be subject to a 120-calendar-day waiting ...