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Paid Sick Leave

  • LABOR

Paid Earned Sick Leave

Earned sick leave pay must be your usual hourly wage, but not less than the state minimum wage. If your salary fluctuates, if you work two or more jobs for the same employer, if you are paid piece-rate, or if your salary includes gratuities, food, or lodging, your sick leave salary is calculated by adding your total earnings, excluding any overtime, of the last seven days of work. Divide that sum by the total hours worked during that seven-day period. If you are paid by commission, either base salary plus commission or commission only, your earned sick leave pay rate is the hourly base wage or the state minimum wage, whichever is greater.

Definition of Family Members

The law recognizes the following persons as “family members” for the purposes of sick leave use:

  • Child (biological, adopted, or fostered; stepchild; legal ward; child of domestic partnership or civil union)
  • Domestic partnership or civil union.
  • Grandson.
  • brother
  • Spouse.
  • Father or mother.
  • grandfather
  • Spouse, common-law partner, or civil union partner of a parent or grandparent of the employee.
  • Brother of the employee's spouse, common-law partner, or civil union partner.
  • Any other individual related by blood to the employee.
  • Anyone whose close relationship with the employee is the equivalent of family.

Domestic or Sexual Violence

If you or a family member has been a victim of domestic or sexual violence, you can use earned sick leave to receive treatment, counseling or prepare for court proceedings.

Advance Notice

If your need for earned sick leave can be planned in advance, your employer may require up to seven days advance notice of your intent to use sick leave. If your need for sick leave cannot be planned in advance, your employer may require you to give early notice when possible.

Documentation

Your employer may require you to provide reasonable documentation if you use sick leave earned on three or more consecutive workdays or on certain employer-specified business days or on certain employer-specified dates.

Unused Sick Leave

You can carry over up to 40 hours of unused sick leave to the next benefit year. However, your employer is required to allow you to use up to 40 hours of leave per benefit year. Your employer may offer you payment for unused sick leave hours at the end of the benefit year.

retaliation

Your employer may not retaliate against you for requesting or using earned sick leave, filing a complaint with the NJDOL, contacting anyone about a violation of the law, participating in an investigation of an alleged violation of the law, or for inform another person of their possible rights under the law. Retaliation includes the threat, discipline, termination, demotion, suspension or reduction of hours, or any other adverse action against you for exercising or attempting to exercise any right guaranteed by law.

Complaints

  • File a claim online. Visit nj.gov/labor, click on Wage & Hour, and then File a Wage Claim.
  • Download a complaint form at nj.gov/labor/earnedsick
  • Contact the NJDOL by email at wage.hour@dol.nj.gov or call 609-292-2305 between the hours of 8:30 a.m. and 16:00 p.m.

For more information visit: Paid Sick Leave

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