What is Earned Sick Leave?

Employers of all sizes must offer up to 40 hours of accrued sick time per year to full-time, part-time, and temporary employees so they can care for themselves or a loved one. This law applies to almost all workers in New Jersey.

When should I notify my employer?

For planned leave, such as medical or school appointments, the employer may require up to seven (7) days' notice and may limit the use of leave to previously reported busy periods. If the leave was not planned, notice must be given as soon as possible. If no notice requirement is established, the employer must allow the use of leave without prior notice.

Can my employer ask me for documentation?

The employer cannot require documentation for one or two consecutive days of leave. They can only request it when the absence is for three or more consecutive days. The employer may ask for the reason, and if requiring documentation is not permitted, they must assume the reason is valid.

How should I be paid for sick leave?

The leave must be paid at your regular hourly rate and cannot be less than the state minimum wage. If your pay varies, it is calculated using the average of the last seven days worked. If you receive commission, your base hourly wage or the minimum wage, whichever is higher, is used.

Is my information private?

Your information must be kept confidential and can only be shared with your written permission.

When will I receive payment?

Payment for the license used must be made in the same pay period, along with your regular check or by another easy-to-receive method.

What can't the employer demand?

The employer cannot force you to make up hours or find a replacement for your shift. Making up hours is only permitted if both parties agree.