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Employment Law Notebook

New Jersey Earned Sick Leave Law Goes Into Effect October 29, 2018

New Jersey's new Earned Sick Leave law, which effects nearly all private sector employers in the state, goes into effect October 29, 2018.  Other than public sector employers, employers of per-diem health care workers and employers of employees in the construction industry covered by a collective bargaining unit, the new law applies to all other private employers in New Jersey as well as to out of state employers who have employees working in or telecommuting from New Jersey.

Unfortunately, the new law has generated a lot of confusion and angst for employers as it has a lot of ambiguity, and the New Jersey Department of Labor only provided substantial clarity on the law on October 24, three business days before employers are expected to implement the new law, and after many employers had already modified their PTO policies to comply with an ambiguous law. 

As a result of the new guidance from the DOL, it is imperative that employers who already modified their PTO policies to comply with the law, review them again to ensure compliance.  Any employers who have not already taken steps to comply with the new law should do so immediately.

The New Jersey DOL’s new guidance is here.  https://www.nj.gov/labor/forms_pdfs/lwdhome/Legal/earnedsickleave.pdf

It provides significant clarity for employers who have a PTO policy that meets or exceeds the law, and discusses key issues such as an employer’s options regarding prorating PTO and carryover of unused PTO, and how to handle part time employees. 

Meyers Fried-Grodin’s attorneys are available to help employers understand their obligations under the new New Jersey Earned Sick Leave Law.

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