Feeling sick is stressful enough without having to worry about losing a day’s pay—or worse, your job. For too long, many workers in New Jersey had to make the impossible choice between their health and their paycheck. Coming to work sick puts others at risk, but staying home could mean not being able to pay the bills. It’s a difficult position that no one should have to be in. Recognizing this, New Jersey enacted a law that provides a critical protection for nearly all employees in the state: the right to paid sick leave.
If you’re an employee in New Jersey, you may be wondering what your rights are under this law. Does your employer have to provide paid sick leave? How much can you earn? What can you use it for? Understanding your rights is the first step to ensuring you are treated fairly. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher , we are dedicated to protecting the rights of workers across the state. If your employer is denying you the paid sick leave you are entitled to, we can help you fight for what you’ve earned.
Understanding the New Jersey Earned Sick Leave Law
In 2018, the New Jersey Earned Sick Leave Law went into effect, making New Jersey one of a growing number of states to mandate paid sick leave for employees. The law is comprehensive and covers most employers and employees in the state, regardless of the size of the business. Whether you work full-time, part-time, or temporarily, you are likely covered.
The basic principle of the law is simple: for every 30 hours an employee works, they accrue one hour of paid sick leave. Employees can accrue up to 40 hours of sick leave per year. This provides a crucial safety net, allowing workers to take paid time off to care for themselves or a family member without fear of financial penalty or retaliation.
Who Is Covered by the Law?
The New Jersey Earned Sick Leave Law applies to almost every employer in the state, from small businesses to large corporations. Similarly, it covers most employees, including part-time and temporary workers. There are only a few narrow exceptions, which include:
- Employees in the construction industry who are covered by a collective bargaining agreement.
- Per diem healthcare employees.
- Public employees who are already provided with sick leave under another New Jersey law or regulation.
If you do not fall into one of these categories, you are almost certainly covered by the law and are entitled to accrue and use paid sick leave.
How Can You Use Paid Sick Leave?
The law allows you to use your accrued sick leave for a variety of reasons related to your health or the health of a family member. You can use your paid sick leave for:
- Your own mental or physical illness, injury, or health condition, including diagnosis, care, treatment, or recovery.
- The mental or physical illness, injury, or health condition of a family member, including diagnosis, care, treatment, or recovery.
- Time needed for you or a family member to address issues related to domestic or sexual violence.
- Attending a child’s school-related conference or meeting.
- When your workplace is closed due to a public health emergency.
This broad range of uses ensures that you can take the time you need to handle life’s challenges without sacrificing your income. If your employer has a restrictive policy that limits your ability to use your sick leave for these covered reasons, it may violate the law. This could be a basis for a wage and hour dispute.
What to Do if Your Employer Violates Your Rights
Despite the clear requirements of the law, some employers may still try to deny their employees the paid sick leave they have earned. It is illegal for your employer to:
- Fail to provide you with the paid sick leave you have accrued.
- Deny your request to use your sick leave for a covered reason.
- Require you to find a replacement worker to cover your shift as a condition of taking sick leave.
- Retaliate against you in any way for using or requesting to use your sick leave. This includes firing, demoting, or reducing your hours.
If you believe your employer has violated your rights under the New Jersey Earned Sick Leave Law, you have options. You can file a complaint with the New Jersey Department of Labor and Workforce Development, or you can pursue a private lawsuit. An experienced employment law attorney can help you determine the best course of action for your specific situation.
You Have the Right to a Healthy and Secure Workplace
No one should have to choose between their health and their job. The New Jersey Earned Sick Leave Law is a powerful tool that protects both your well-being and your financial security. It is a right you have earned through your hard work, and you should not have to fight to use it.
If your employer is not complying with the law, it can be an intimidating and frustrating experience. You may feel that you have no power to challenge their decision. But you do. At our firm, we stand up for the rights of employees and hold employers accountable. We believe that every worker deserves to be treated with dignity and respect.
Please contact us for a free, confidential consultation. Let us hear your story and explain how we can help you get the paid sick leave you are owed and hold your employer accountable for any unlawful conduct. You don’t have to accept an unfair situation. We are here to fight for you.
Frequently Asked Questions (FAQ)
Q: When can I start using my accrued sick leave?
A: You begin accruing sick leave on your first day of employment, but your employer can prohibit you from using it until your 120th day of employment. After that, you can use your accrued leave as needed, consistent with your employer’s notice policies.
Q: Does my employer have to pay me for my unused sick leave when I leave my job?
A: No, under the New Jersey Earned Sick Leave Law, employers are not required to pay out unused sick leave when an employee separates from the company, unless there is a company policy or contract that states otherwise.
Q: What should I do if my boss fired me for taking a sick day?
A: If you were fired for taking a sick day that should have been covered under the New Jersey Earned Sick Leave Law, you may have a claim for unlawful retaliation and wrongful discharge. You should contact an employment lawyer immediately to discuss your legal options. There are strict deadlines for filing claims, so it is important to act quickly.