United States: Newark Issues FAQs On Paid Sick Time Ordinance; Employers Need To Prepare Notice To Employees By June 21, 2014 Effective Date

As we previously posted here and here, Newark, New Jersey, enacted a paid sick time ordinance on January 29, 2014. According to the City of Newark's new webpage covering the ordinance, it is set to take effect on June 21, 2014. The website also provides additional information about employers' notice obligations under the ordinance.

As a reminder, the ordinance provides for one hour of paid sick time for every thirty hours worked for employees who have worked at least eighty hours in the City of Newark in a calendar year, regardless of whether or not the employer maintains a location in the City. Small employers (with fewer than ten employees) must provide covered employees up to twenty-four hours of paid sick time per year, except for child care workers, home health care workers, and food service workers, who shall receive up to forty hours per year. Large employers (with ten or more employees) must provide all covered employees with up to forty hours of paid sick time per year. Employees accrue and can use leave regardless of whether they are full-time, part-time or temporary, provided that they meet the eighty-hour minimum.

Paid sick time begins to accrue on the first day of employment (or the June 21 effective date of the ordinance for current employees), but employees cannot use paid sick leave until the 91st day of employment (or 91st day after the effective date of the ordinance). Unused sick time may be carried over to the following year, but employers may pay employees for unused paid sick time at the end of the calendar year instead of permitting employees to carry it over.

An employee may use paid sick time for his or her own mental or physical illness or that of a family member. The ordinance includes within the definition of family member: an employee's child (including adopted children, stepchildren, and children to whom the employee stands in loco parentis), an employee's parent (including foster parents, stepparents, or a person who stood in loco parentis when the employee was a child), a person to whom the employee is legally married or with whom the employee has entered a civil union, an employee's grandparents, an employee's grandchildren, domestic partners, and siblings.

Employers may request that an employee confirm in writing, after the use of paid sick time, that the paid sick time was used for a purpose authorized by the ordinance. Where an employee uses paid sick time for three consecutive days, employers may require additional documentation. However, employers cannot inquire into the nature of the underlying medical condition if employees use leave to care for a family member, unless such information is required under other statutes, such as the Family and Medical Leave Act. Employers may also require reasonable advance notice of the intention to use paid sick time where the need to use leave is "foreseeable," provided that an employer may not require more than seven days' notice. Where the need is not foreseeable, an employer may require an employee to provide notice as soon as practicable.

The ordinance also contains certain record retention requirements, and provides that violations, including with regard to the record retention provisions, may result in a fine.

The ordinance does not apply to employees covered by collective bargaining agreements that are in effect at the time of the effective date of the law. However, when any existing collective bargaining agreement expires, the new one can expressly waive the paid sick time requirements if it does so in "clear and unambiguous terms," according to the City.

Employers must give individual written notice to each covered employee at the commencement of employment, or as soon as practicable if the employee is already employed as of the effective date of the ordinance. The notice must be in English and the primary language of the employee, so long as the primary language of that employee is also the primary language of at least ten percent of the employer's workforce. The notice must include the right to paid sick time, the accrual rate and amount of paid sick time, the terms of its use, the right to be free from retaliation for exercising rights under the law, and the right to a private cause of action for interference or retaliation.

Although it was originally anticipated that the City of Newark Department of Child and Family Well-Being would provide a model notice to employers, it has not yet done so. Rather, the City of Newark's website advises that employers prepare their own written notice that incorporates the key terms of the ordinance.

Employers must also display a poster setting forth employees' rights under the law, which must be in English and any primary language of at least ten percent of the workforce. The City's website includes a set of "frequently asked questions" for employers and employees, which the City claims can be posted in the workplace to satisfy an employer's posting – but not the individual notice – requirement under the ordinance. Because the answers contained in the FAQs frequently refer readers to the text of ordinance itself, instead of answering questions directly, employers should be cautioned about relying only on the FAQs to fulfill the posting obligation. Instead, employer may choose to post both the FAQs and the notice that they create to distribute to covered employees.

The FAQs are also noteworthy in that they clarify that an employer does not need to reinstate the leave bank of an employee who quits (as opposed to being fired) and is rehired within six months.

Given the upcoming June 21 deadline to issue the required notice under the ordinance – and to start keeping track of hours being accrued by covered employees, employers may wish to quickly begin the process of creating and distributing the notice and modifying their leave policies accordingly.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions