Sick leave and protection against retaliation
NJ workers are entitled to paid sick leave.
What can I use Acquired Sick Leave for?
- To take care of your own physical or mental illness
- To care for the physical or mental illness of a loved one
- To receive wellness care or preventative care
- To address domestic or sexual violence, or to care for a loved one who is a victim or survivor
- To attend meetings, conferences, or school events related to your child, when requested by the school
Are migrant workers also covered?
The NJ Department of Labor (NJDOL) does not ask about citizenship and serves all workers regardless of immigration status.
The NJDOL will not share any information, including with immigration agencies, unless required by law or regulations. Law enforcement officers must present a signed request and court order, and certify that they will keep identifying information confidential.
Which family members are covered by paid sick leave?
- Children (biological, adopted, or foster; stepchildren; legal wards; children of a domestic partner or civil union)
- Brothers and parents
- Grandparents and grandchildren
- Spouses and partners
- Extended family and chosen family, including anyone related by blood or whose close relationship is equivalent to family
Your employer may require reasonable documentation if you use sick leave for three or more consecutive workdays, or on certain dates specified by the employer. If reasonable documentation is required and they don't agree with your need to care for your family—including loved ones or chosen family—you may file a complaint with the New Jersey Department of Labor (NJDOL).
Your employer cannot punish you for:
- Using sick leave
- File a complaint
- Talk about your rights
Punishment may include threats, dismissal, reduction of hours, or other negative actions. Employers who violate this law may face fines and penalties.
This law includes a “rebuttable presumption.” This means that if you report a violation or speak up about your rights and face retaliation within 90 days, the NJDOL will assume it was retaliation unless your employer proves otherwise.
If you believe your employer has violated the law, you can file a complaint:
- Online: File a wage complaint
- By mail or fax: Download a printable complaint form
- By email: Send a message to wage.hour@dol.nj.gov
- By phone: Call 609-292-2305 between 8:30 a.m. and 4:00 p.m. TTY users can reach us via NJ Relay by dialing 7-1-1.