For more details or to read the law and proposed rules, visit nj.gov/labor/earnedsick.

Note: If your employer has a sick leave policy that allows employees to use it, it must meet or exceed the requirements of the law.

Who is covered by the law?

Employers must provide earned sick leave to full-time and part-time employees. Employers are not required to give earned sick leave to the following employees:

• Persons employed in the construction sector with an employment contract.
• Health employees for days. 
• Public employees receiving sick leave with full pay under any other NJ law or rule.
• Independent contractors who do not meet the definition of an employee under NJ law. 

Notice of Employee Rights

If you are a covered employee, your employer must notify you in writing of your right to earned sick leave. You have the right to the notice in English and, if available on the NJDOL website, in your primary language. Keep a copy of the notice; you can download it in nj.gov/labor/earnedsick.

Accumulation and Use of Sick Leave

You accrue 1 hour of earned sick leave for every 30 hours worked, up to a maximum of 40 hours of leave per benefit year. For example, if you work 40 hours a week, you will accrue 5.33 hours of sick leave in 4 weeks. Alternatively, your employer may provide you with 40 hours of sick leave in advance. “Benefit Year” means any regular, consecutive 12-month period of time determined by your employer. The notification of the worker's rights must indicate the year of benefit.

With your employer's consent, you may work additional hours to make up missed work hours in lieu of using sick leave. However, your employer cannot require you to do this, or require you to use earned sick leave.

Your employer cannot require you to find or find a replacement worker to cover the hours you will use sick leave, as a condition of using the leave. Keep a copy of all documents that show the amount of your earned and used sick leave.

Earned Sick Leave Payment

Compensation for earned sick leave must be at your regular 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 on a piece-rate basis, or if your salary includes gratuities, food, or lodging, your sick leave salary is calculated by adding your total earnings, excluding 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 on commission, either base salary plus commission or commission alone, your earned sick leave pay rate is the base hourly wage or the state minimum wage, whichever is greater.