NJ – New Law Begins in May – The Newark Paid Sick Leave Ordinance

NJ – New Law Begins in May – The Newark Paid Sick Leave Ordinance

Officially known as “An Ordinance of the City to Promote the Overall Health and Safety of the Residents and Workers in the City of Newark by Reducing the Risk of and Spread of Communicable Disease and Contagion by Requiring a Policy of Paid Sick Leave for Workers” was signed in January of this year in Newark, NJ. This is the second such law in the state of NJ, and the eighth across the country. This law allows that workers in businesses with 10 or more employees, including food service, child care, and direct care workers, can earn an hour of paid sick leave for every 30 that they work. Keep reading for more specifics on this new law affecting Newark, NJ.

Effective Date of Newark, NJ Paid Sick Leave Ordinance is May 29,2014

or the expiration of current collective bargaining agreements, whichever is later.

Sick Leave – When Does it Begin to Accrue, and When Can Employees Begin to Use Accrued Sick Leave?

  • In short, this new law is to ensure that all private employers (one or more employees) allow employees to accrue sick leave beginning on their date of employment.
  • Employees may begin to use accrued sick leave after 90 days of work.
  • Employees accrue sick leave at a rate of 1 hour for every 30 hours of work, who have also worked at least 80 hours in one calendar year.

Limitations of Sick Leave Accrual

  • Employers of 10 or more employees are not required to provide more than 40 hours of sick leave per year.
  • Employers of fewer than 10 employees are not required to provide more than 24 hours of sick leave per year.

Unused and/or Unpaid Sick Leave Parameters

  • Accrued but unpaid sick leave may be carried over to the next calendar year.
  • Employers are not required to carry over more than 40 hours of sick leave per year (see above)
    • Employers are not required to allow the use of more than 40 hours of sick leave, in the event that unpaid sick leave is carried over from a previous calendar year (see above).
  • If an employee is paid for any unused sick time, the employer is not required to carry over those unused hours into the next calendar year.

Employer Discretion of Sick Leave Use

  • Employers may decide if sick leave may be used one day at a time, or in hourly increments.
  • Employers may ask for reasonable documentation from an employee when an employee uses sick leave in three day or three instances at one time.
  • The documentation must be signed by a health care professional.
  • Employees may use sick leave for their own illness, or that of a family member.
  • Employers may loan sick leave, in advance of accrual, to an employee.

Information taken from SRHM article, N.J.: Newark Paid Sick Leave Ordinance Signed by Diane Cadrain.

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