Statewide paid sick leave took one step closer to becoming a reality in New Jersey on Monday of this week when the New Jersey Assembly passed Bill A1827, which mandates that state employers provide employees with paid sick leave. Numerous New Jersey municipalities have adopted similar laws, but the passage of Bill A1827 portends the implementation of a statewide benefit.

An identical Bill (S2171) is presently making its way through the State Senate. It is expected that some form of paid sick leave legislation will be approved by both houses this year and submitted to Governor Murphy, who is expected to sign the legislation.

The approved Assembly Bill applies to all New Jersey employers, except public employers that provide paid leave benefits by law, rule or regulation, and allows employees to accrue one hour of earned sick leave for every 30 hours worked. There is a cap of 40 hours, which does not carry forward from one year to the next. Time off may be used for a host of reasons, including the employee’s or a family member’s illness, to attend a school conference or meeting, or to recover from domestic violence. The Bill permits an employer to require reasonable documentation of the need for the use of sick leave if the leave is for three or more consecutive days.  Employers may prohibit employees from using foreseeable earned sick leave on certain dates, and may require reasonable documentation if employees use sick leave that is not foreseeable during those dates.

The Bill prohibits retaliatory personnel actions against an employee for the use or requested use of earned sick leave or for filing a complaint for employer violations. The Bill also sets requirements for recordkeeping and for notifying employees of their rights.

Follow the New Jersey Employment Law Blog for updates on this legislation and other legislative initiatives impacting the workplace.