Paid Sick Leave: New Jersey
This paid sick leave policy applies to employees in New Jersey under the New Jersey Earned Sick Leave Law (N.J.S.A. 34:11D-1 through 34:11D-11) and related guidance from the New Jersey Department of Labor and Workforce Development, which generally requires most employers to provide up to 40 hours of job-protected earned sick and safe leave each benefit year for common health, caregiving, school, and safety-related needs. A clear, New Jersey-specific policy helps your organization set consistent expectations around accrual or front-loading, when leave can be used, notice and documentation rules, carryover, and anti-retaliation protections, while still leaving room to align your approach with your PTO program and any local or multi-state requirements.
The History Behind Paid Sick Leave Policies in New Jersey
Paid sick leave became a real policy conversation in New Jersey because too many workers were stuck choosing between a paycheck and staying home when they were sick, or when a child's school called, or when a family crisis hit. After a wave of local ordinances in cities like Jersey City, Newark, and others, the state stepped in with a single statewide floor for Paid Sick Leave that would apply across industries and zip codes. The result was the New Jersey Earned Sick Leave Law (ESSL), signed in 2018 and effective October 29, 2018.
ESSL was built to be broad on purpose. It covers nearly all employees, sets a simple baseline (up to 40 hours a year), and gives employers two clean ways to provide time: accrual at one hour per 30 hours worked or front-loading. The law also made a point of treating "safe time" as sick time, so employees can use leave for domestic violence, sexual assault, or stalking related needs without having to fit leave into a narrow "medical only" box.
NJ's ESSL also includes anti-retaliation protections, bars you from requiring employees to find their own shift coverage, and is enforced by the New Jersey Department of Labor and Workforce Development, with penalties that can add up fast if an employer treats the leave as optional.
Which Law is the Paid Sick Leave Policy Meant to Comply With?
If you create and distribute a Paid Sick Leave Policy for your New Jersey-based employees, it is in an effort to comply with New Jersey's Earned Sick Leave Law (N.J.S.A. 34:11D-1 through 34:11D-11).
How to Write a New Jersey-Specific Paid Sick Leave Policy
- Start with "why" and introduce the concept of New Jersey earned sick and safe leave and the kinds of needs it supports.
- State who's eligible for paid sick time under the policy.
- Explain how employees receive leave time, including accrual and frontloading.
- Define the permitted reasons employees can use leave, including health needs, family care, safe leave, public health situations, and school-related meetings.
- Clarify who counts as a family member for leave purposes, including any option to designate someone.
- Describe how employees request leave and the general expectation to provide notice.
- Explain when documentation can be required and what types of documentation are acceptable.
- Set usage rules, including when employees can begin using leave and the increments for taking it.
- Explain how leave is paid and how it interacts with other pay calculations.
- Set annual limits and define the organization's benefit year for tracking leave.
- Address carryover rules and how carryover interacts with annual usage limits.
- State what happens to unused leave at separation and what happens if an employee is rehired.
- Include a non-retaliation commitment and confirm employees won't be required to find shift coverage.
- Provide a path for questions and complaints, including the relevant state agency contact option.
When to Include this Policy in Your Employee Handbook
If you have employees in New Jersey and you don't have a similar policy that's available for all US employees, you should include this policy in your employee handbook for New Jersey-based employees.
The law states:
N.J.S.A. 34:11D-7 a: "Employers shall provide notification, in a form issued by the commissioner, to employees of their rights under this act, including the amount of earned sick leave to which they are entitled and the terms of its use, and remedies provided by this act to employees if an employer fails to provide the required benefits or retaliates against employees exercising their rights under this act. Each covered employer shall conspicuously post the notification in a place or places accessible to all employees in each of the employer's workplaces. The employer shall also provide each employee employed by the employer with a written copy of the notification: not later than 30 days after the form of the notification is issued; at the time of the employee's hiring, if the employee is hired after the issuance; and at any time, when first requested by the employee. The commissioner shall make the notifications available in English, in Spanish, and any other language that the commissioner determines is the first language of a significant number of workers in the State and the employer shall use the notification in English, Spanish or any other language for which the commissioner has provided notifications and which is the first language of a majority of the employer's workforce."
Although including a policy in your employee handbook is an approachable way to help employees understand your paid sick leave program, NJ law specifically states that you must distribute the official notice issued by the New Jersey Department of Labor and Workforce Development explaining employee rights under the Earned Sick Leave Law.
Other Considerations
The law applies to New Jersey employers who have at least 1 employee in the US.
Exceptions
None.
Model Policy Template for a Paid Sick Leave Policy
Earned Sick and Safe Leave
You may be eligible for paid time off under the New Jersey Earned Sick Leave Law (ESSL). ESSL can be used for various reasons, including physical and mental health needs, caring for a family member, participation in school activities, and absences related to domestic violence, sexual assault, or stalking.
All {{employees}} are eligible for paid sick time.
You will accrue one hour of paid sick time for every 30 hours worked, beginning on your first day of employment, up to a maximum of 40 hours per year. For accrual purposes, exempt {{employees}} are assumed to work 40 hours per week, unless their normal workweek is fewer than 40 hours.
Each year, you'll receive 40 hours of ESSL up front.
Reasons for Leave
ESSL can be taken for:
- Your own mental or physical illness, injury, or health condition, including medical diagnosis, care, treatment, or preventative care.
- Caring for a family member with a mental or physical illness, injury, or health condition.
- Absences related to domestic violence, sexual assault, or stalking (for yourself or a family member), including:
- Seeking medical care or counseling.
- Obtaining services from a victim-services organization.
- Relocating for safety.
- Participating in civil or criminal legal proceedings.
- Absences due to public health emergencies, including:
- Workplace or school closures ordered by a public official.
- Care for yourself or a family member when advised by a health authority to isolate due to exposure to a communicable disease.
- Attending your child’s school-related meetings, conferences, or events, including those related to their health or disability.
Note: Family members include your child, parent, grandparent, grandchild, sibling, spouse, domestic or civil union partner, in-laws, anyone who stood in as a parent to you or your partner, and others whose close relationship with you is like that of a family member. If you don’t have a spouse or partner, you can designate one person each year to be treated as a family member for this policy.
Notice and Documentation
To take leave under this policy, please contact your {{manager}} or {{the HR Team}}. So we can best prepare for your absence, please provide as much notice as possible.
Sometimes, your requests to use foreseeable ESSL on certain dates may be denied. In cases of emergency during these dates, reasonable documentation may be required.
Reasonable documentation may be required when you use ESSL for more than three consecutive workdays. Depending on the reason for your leave, required documentation may include:
- A note from a health care provider confirming the need for leave and how long it’s expected to last (no diagnosis or details needed).
- Documentation related to domestic or sexual violence, such as a note from a doctor, counselor, victim services provider, attorney, or other professional, or records from law enforcement or the courts. You don’t have to share personal details.
- Proof that you attended a school meeting or event related to your child’s health or education.
A notice from a public official or health authority about a closure or need for isolation.
If the requested documentation is not provided, your ESSL request may be denied.
Usage and Payment
You can start using your ESSL on your 120th calendar day of employment. You can use ESSL in hourly increments or the smallest increment we use to track absences, up to the number of hours you were scheduled to work during that shift.
You’ll be paid at your normal rate, and such pay won’t include any special forms of compensation like incentives, commissions, or bonuses. Additionally, any ESSL hours you use won’t count towards calculating overtime.
You can use up to 40 hours of ESSL per year. At {{Organization Name}}, a year is a regular and consecutive 12-month period beginning {{First Day of Year}} and ending {{Last Day of Year}}.
{{Employees}} may carry over up to 40 hours of unused ESSL from one year to the next. However, you’re still subject to the 40 hours per year cap, even if you've accrued more than 40 after carrying hours over.
ESSL is not paid out upon separation. However, if you're rehired within 6 months, any accrued and unused ESSL will be reinstated.
Enforcement and Retaliation
We will not retaliate against anyone who requests or uses ESSL under this policy, and we will not require you to find a replacement worker to cover your shift.
If you believe your ESSL rights have been violated, you may file a complaint with the New Jersey Department of Labor and Workforce Development or bring a civil action in court. The law provides for remedies that may include recovery of unpaid sick leave, damages, liquidated damages, reinstatement, and other relief.
For questions or to request ESSL, contact {{the HR Team}}.
Other Jurisdictions that may Necessitate a Paid Sick Leave Policy
County-Specific Paid Sick Leave Policies
All New Jersey-Specific Policies & Topics
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The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.