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New Jersey Sick Leave: What you need to know

 

on April 12, the New Jersey State Senate, by a vote of 24-12, passed the New Jersey Paid Sick Leave Act. The act, which passed the Assembly last month by a 50-24 margin, requires businesses of all sizes to provide up to 40 hours of paid sick leave to employees during an employer-established benefit year.

The act, which Gov. Phil Murphy pledged to sign, expressly preempts municipal paid-sick-leave ordinances passed in cities and towns, such as Newark, Morristown and Paterson, in an effort to provide uniform obligations to businesses operating within the State. The act includes the following provisions:

Accrual

The act requires businesses to establish a benefit year of 12 consecutive months during which an employee may accrue up to 40 hours of paid sick leave benefits at a rate of one benefit hour for every 30 hours worked. Businesses, moreover, cannot alter the benefit year without providing notice to the Commissioner of Labor and Workforce Development.

Alternatively, and perhaps requiring much less administrative work, a business may simply offer, or "frontload" 40 hours of paid sick time or utilize a paid-time-off (PTO) policy. However, any such PTO policy must provide equal or greater benefits and accrue benefits at an equal or greater rate than the benefits provided under the act.

Covered Employees

Most employees working in the state of New Jersey are covered by the act. Per diem healthcare employees, construction workers employed pursuant to a collective bargaining agreement and public employees who already have sick leave benefits are expressly excluded from the definition of "employee" under the act and, therefore, are ineligible for the benefits provided.

Employees of temporary service firms, however, are expressly included within the definition and paid sick leave benefits accrue on the basis of total time worked with the firm, not for each separate client for whom the employee may perform services.

Covered Employers

The act applies to all businesses and, unlike earlier proposals, does not appear to exempt smaller employers from the obligation to provide paid-sick-leave benefits. The Paid Sick Leave Act also may affect pricing by temporary help service firms as the law expressly requires such businesses to provide paid-sick-leave benefits based upon the total time with the temporary help service firm itself, rather than the individual clients.

Reinstatement and Increments of Use

Paid-sick-leave benefits survive transfers, separations followed by a reinstatement within six months and acquisitions by successor companies. The act provides the business latitude in establishing the increments in which an employee may use paid-sick-leave benefits; however, the largest increment may be no longer than the number of hours the employee is scheduled to work during the particular shift.

Leave Reasons

An eligible employee may use paid sick leave benefits for any one of the following reasons:

  • Diagnosis, care, treatment or recovery for the employee's own mental or physical condition (inclusive of preventive care).
  • Diagnosis, care, treatment or recovery for a family member's mental or physical condition (including preventive care).
  • Time needed as a result of an employee's or family member's status as a victim of domestic or sexual violence (including counseling, legal services, or participation in any civil or criminal proceedings related to same).
  • Time when the workplace, school or childcare is closed by order of a public official due to a public health concern.
  • Time to attend a school-related conference or meeting.

The definition of "family member" is quite extensive and includes any individual "whose close association with the employee is the equivalent of a family relationship."

Notice and Documentation

The act permits employers to require advance notice of foreseeable absences and allows businesses to prohibit the use of "foreseeable" paid-sick-leave benefits on certain dates, as well as require documentation if unforeseeable sick leave is used on those dates.

If an employee is absent for at least three consecutive days, the business may request documentation to confirm the employee used the sick-leave benefits for a purpose permitted under the act.

Carryover

While the employee may carry over accrued but unused paid sick leave benefits, the act does not require the employer to provide more than 40 hours of paid sick leave in a single benefit year. 

Moreover, unless the business maintains a policy that states otherwise, the act does not require an employer to pay out an employee's earned but unused sick leave upon separation from employment.

Recordkeeping and Notification

The act contains recordkeeping and notification requirements. Businesses must maintain records documenting hours worked and earned sick leave used by employees. Businesses must maintain these records for a period of five years and those records must be made available for inspection upon request by the Department of Labor and Workforce Development. Businesses must also post a notification in the workplace and provide individual notice to each employee within 30 days after the Department of Labor issues the notification and, thereafter, at the time of each employee's hiring.

Enforcement

The Paid Sick Leave Act provides for a private right of action that includes, among other remedies, liquidated damages in an amount equal to the actual damages sustained by an aggrieved employee (i.e., wages multiplied by two).

Moreover, the act contains an anti-retaliation provision that sets forth a rebuttable presumption of retaliation if an adverse action is taken against an employee within 90 days of specified protected activity (e.g., filing a complaint, cooperating in an investigation, informing others of their rights under the act and so on).

Effective Date

The New Jersey Paid Sick Leave Act takes effect 180 days after the governor signs it into law. Given the governor's commitment to passing the act, businesses that operate in New Jersey should review their PTO and sick-leave policies to determine compliance with the provisions of the act.

When will the law take effect?

A: The New Jersey Earned Sick Leave law signed by Governor Murphy on May 2, 2018 will go into effect in October, 180 days after enactment. At that time, employees will begin to accrue leave. The accrual rate is one hour per 30 worked, up to a maximum of 40 hours in one year. Employees will be eligible to use the accrued leave 120 days later. For employees hired after the effective date of the law, benefits will begin to accrue immediately and they will be eligible to use the leave after 120 days. However, employers may agree to an earlier date.

 

 Any exceptions?

  • Small businesses: Even small businesses must comply with the new legislation. There is no exception for small employers, regardless of number of workers employed. A motion was made by Assemblyman Robert Auth (R-Passaic) before the Assembly to exempt employers with less than 10 employees from the new legislation, but that motion was tabled.
  • New hires may be subject to a 120-calendar-day waiting period before use of accrued leave (though employers may permit employees to use leave sooner). After the 120-day waiting period, new hires may use leave as soon as it is accrued.   

 

 유급 병가

·         30시간 근무시 시간 유급 병가 추가


·         1 40 시간을 넘길수 없다. (새로운  근무 시작일을 기준으로 1)

·         새로운  유급 병가 법률 시작 일시 10 29  2018 부터

·         새로운 직원일경우 첯근무시작일  부터 120  병가 사용가능

(사업주와 근로계약으로 이전에도 사용할수있다)

·         3 이상 결근시 의사의 진단서를 제출해야함

·         사용하지 않은 유급 병가는 경우에따라 다음해로 넘길수도있으나 1년에 40 시간 이상 병가를 받을수 없다.  사용하지 않은 병가를 물질적으로 보상해줄 필요가 없다.

·         병가 기록은 5년간 보관해야 한다.

·          입사한 직원일경우 (퇴사후 6개월이전 재입사자에 한함그해 근무 시간을 기준으로 병가를 적용시킨다.

·         유급 병가 적용 

 Frontload :  새해시작시 40시간을 미리서 적용시킴

PTO(utilize a paid-time-off) 근무시간으로 계산된 시간만을 적용시킴.

참고  근무 직원일경우  68시간의 (30시간 마다 시간 계산시 68시간병가  될수있으나 법적으로 40시간만 허용.

·         유급병가 적용범위

가족 :  직계 혹은 혈연  가족으로 자녀손자 손녀,  형제배우자 (법적사실적) , 부모조부모 혹은 직원과 긴밀한 관계로 직계혹은 혈연 가족으로 인정 할수있는 사람.

병가  :  가족중 폭력피해나  폭력등으로 육체적 정신적 치료가필요할경우,  자녀에 관한 건강문제 (학교 비상시상담등등), 법적인 소송에 의한 건강에 관한 .

·         이법은 직원의 숫자크기에 관계없이 모든 사업체에 동등히 적용 된다

10인이하의 사업체에 관한 법안은 아직 법룰협상중이다.

 

 

 

 

 

 

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