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.

Paid Earned Sick Leave

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.

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 taken against you for exercising or attempting to exercise any right guaranteed by law.