United States: New Jersey Department Of Labor And Workforce Development Issues Proposed Regulations For The New Jersey Sick Leave Act

Last Updated: October 24 2018
Article by Sean J. Kirby

As detailed previously here, the New Jersey Paid Sick Leave Act (the "Act"), goes into effect October 29, 2018. In general, the Act allows New Jersey employees to accrue one (1) hour of sick leave time per thirty (30) hours worked, and allows New Jersey employees to use earned sick leave time for: (i) diagnosis, care, treatment of, or recovery from the employee's mental or physical illness, injury or other adverse health condition, or for the employee's preventive medical care; (ii) time to aid or care for a family member in one of the situations described in (i); (iii) time needed due to an employee's or family member's status as a victim of domestic or sexual violence; (iv) closure of the workplace, school, or childcare facility issued by a public health authority due to a public health emergency; and (v) a school-related conference or meeting. A detailed summary of the Act's other requirements can be found here.

In connection with the Act going into effect, the New Jersey Department of Labor and Workforce Development (the "NJDOL") recently issued proposed regulations regarding the implementation of the Act (available here). Below please find a summary of key proposed regulations which address many questions New Jersey employers may have about the implementation of the Act in their workforce:

Existing PTO Policies: The proposed regulations provide that an employer's existing paid time off (PTO) policy will be deemed to be in compliance with the Act if it complies with the accrual, use, payment, and carry over provisions of the Act.

Recordkeeping: The proposed regulations also provide that employers are required to retain for a five (5) year period all records documenting hours worked by employees and earned sick leave accrued, advanced, used, paid, paid out, and carried over. However, the record keeping requirement generally does not apply to exempt employees.

Required Notice and Posting Requirement: The proposed regulations further provide that employers must conspicuously post in a place or places accessible to all employees in each of the employer's workplaces, the notification issued by the NJDOL (available here). The conspicuous posting requirement can also be met by posting the notice on the company's intranet site or by emailing the notice to all covered employees.

Benefit Year: The proposed regulations provide that an employer must establish a single benefit year for all employees. In the event an employer proposes to change the benefit year, the employer must provide notice to the NJDOL at least thirty (30) calendar days prior to the proposed change. The notice must: (i) be in writing; (ii) specify the existing benefit year; (iii) specify the proposed new benefit year; (iv) indicate the effective date of the new benefit year; (v) indicate the reason for the change in the benefit year; and (vi) provide a list of current employees with corresponding contact information and a history of accrual, use, payment, payout, and carry-over of earned sick leave for each employee for the proceeding two (2) benefit years.

Foreseeable Need. The proposed regulations also provide that an employee's use of earned sick leave is considered "foreseeable," when the employee is able to predict or know in advance that he or she will need to use earned sick leave, such as a scheduled doctor's visit, a regularly occurring medical treatment, or a regularly scheduled therapy appointment. Leave for foreseeable need requires no more than seven (7) days' advance notice. Conversely, the need to use earned sick leave is considered "not foreseeable" when an employee requires time to care for, or obtain medical treatment for, themselves or a family member that was not reasonably anticipated. An example of an earned sick leave that is "not foreseeable" is when an employee wakes up in the morning with a fever and does not feel well enough to report to work.

Dates Where Use of Sick Leave Not Permitted. The proposed regulations provide further that an employer can prohibit the foreseeable use of paid sick leave on "certain dates" such as verifiable high-volume periods or special events, during which permitting the use of foreseeable earned sick leave would unduly disrupt the operations of the employer. The employer should provide reasonable notice to its employees of such "certain dates" on which its employees are prohibited from using foreseeable sick leave.

Reasonable Documentation. The proposed regulations also provide that an employer may require an employee seeking to use paid sick leave for an unforeseeable purpose on one of the "certain dates" discussed above to provide reasonable documentation that the leave is being taken for a permissible purpose under the Act. Additionally, an employer may request reasonable documentation when an employee uses earned sick leave for three (3) or more consecutive days.

Rate of Pay. The proposed regulations provide that the employer must pay the employee for earned sick leave at the same rate of pay as the employee normally earns.

Where an employee has two (2) or more different jobs for the same employer or if an employee's rate of pay fluctuates for the same job, the rate of pay for earned sick leave shall be the amount that the employee is regularly paid for each hour of work as determined by adding together the employee's total earnings, exclusive of overtime premium pay, for the seven (7) most recent workdays when the employee did not take leave and dividing that sum by the total hours of work during that seven-day period.

Where an employee is paid by commission, whether base wage plus commission or commission only, the employer must pay the employee during earned sick leave an hourly rate that is the base wage or the State minimum wage rate, whichever is greater.

When an employee is paid on a piecework basis, whether base wage plus piecework or piecework only, to calculate the employee's rate of pay for earned sick leave, the employer shall add together the employee's total earnings for the seven (7) most recent workdays when the employee did not take leave and divide that sum by the number of hours the employee spent performing the work during workdays.

Penalties. An employer who knowingly and willfully violates the Act will be subject to a fine of not less than $100 and no more than $1,000 and/or not less than ten (10) days and no more than ninety (90) days of imprisonment for the first offense. Upon a second offense or subsequent violation, the violator will be punished by a fine of no less than $500. Additionally, the NJDOL may assess administrative penalties in the amount of $250 for the first violation and between $250 and $500 for a second violation. Each week during which an employee has not been provided the prescribed amount of earned sick leave would constitute a separate offense under the Act.

A public hearing on the new rules will be held on November 13, 2018 and written comments will be accepted by the NJDOL until December 14, 2018. While the proposed regulations will not be in effect when the Act goes into effect on October 29, 2018, New Jersey employers should keep such proposed regulations in mind when implementing their paid sick leave policies by October 29, 2018.

* Jamie Moelis, a legal intern, assisted in the preparation of this blog.

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.

Authors
Events from this Firm
22 Oct 2019, Roundtable, Los Angeles, United States

Please join us for Sheppard Mullin's Ethics and Eggs: A Breakfast Roundtable to Discuss Ethics Issues in IP Matters.

23 Oct 2019, Other, Dallas, United States

Marketing Wants To Do What? Sweepstakes, Influencers, Loyalty, and Other Advertising and Promotional Fun

25 Oct 2019, Webinar, Los Angeles, United States

Matthew Bonovich will be a speaker at this webinar.

State and local governments continue to incentivize renewable energy and battery storage, causing an increase in mergers and acquisitions among producers and specialized renewables.

Similar Articles
Relevancy Powered by MondaqAI
Ogletree, Deakins, Nash, Smoak & Stewart
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Ogletree, Deakins, Nash, Smoak & Stewart
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please 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.

Disclaimer

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.

General

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