Do I Have a Right to Sick Leave in New Jersey?

In New Jersey, employees are covered by both federal and state laws that allow them to take time off for medical or family reasons. The federal Family Medical Leave Act and state rules make sure that qualifying employees can take unpaid leave when needed. However, paid sick leave is a separate and important benefit. Most employees in New Jersey have the right to paid sick leave, giving them the ability to take time off when sick without losing pay.

Do I Have a Right to Earned Sick Leave in NJ?

Under the New Jersey Earned Sick Leave Law, most employees have the right to earn and use up to 40 hours of paid sick leave per year.

Almost all employees in New Jersey are covered, including part-time, temporary, and seasonal workers. However, some employees, like certain public employees or union members, may be subject to different rules.

What Can Employees Use Paid Earned Sick Leave For?

Employees can use paid sick leave under the NJ Earned Sick Leave Law for several reasons, including:

• Time for an employee to address their own health needs, including diagnosis, treatment, care for mental or physical illness, injury, preventative health care, or other medical conditions.
• Time to care for the health needs of a family member, which includes children, grandchildren, siblings, spouses, domestic partners, civil union partners, parents, grandparents, or anyone whose relationship is equivalent to that of family.
• Addressing issues related to domestic or sexual violence affecting the employee or a family member, such as obtaining medical or psychological care, receiving services from a victim support organization, relocation, legal assistance, or participation in related legal proceedings.
• If the employee’s workplace, school, or childcare facility closes due to a public health emergency.
• Attending a child’s school event directed by an administrator or staff member.

Almost all employees in New Jersey are eligible for paid sick leave under the New Jersey Earned Sick Leave Law, including those who earn commissions or tips, and they cannot deny sick leave or retaliate against those who request it.

What Happens If I Don’t Use My Leave By The End of the Year?

Unused sick leave can be carried over to the next year. However, employers are only required to allow employees to use up to 40 hours of sick leave each year, even if more time is carried over.

Will I Be Paid For Unused Leave if I Am Fired or Quit?

No, employers are not required to pay employees for unused earned sick leave when they are fired or if they quit, unless the employer has a policy that states otherwise.

Can My Employer Punish Me for Using Sick Leave?

No, it is illegal for your employer to retaliate or punish you for using earned sick leave. This includes firing, demoting, or otherwise discriminating against you for exercising your rights under the law.

What Should I Do If I Am Denied My Right to Sick Leave in NJ?

If you are being denied your right to take earned sick leave, you should speak to an attorney to explore your options. Our team of employment lawyers is ready to aggressively fight for your rights; call now for a free consultation.

If You Have Been Denied Your Right to Sick Leave, Call Our Firm Today

Those who have been wrongfully denied paid sick leave or believe they were subjected to retaliation for exercising their rights in the workplace are strongly advised to contact a New Jersey employment lawyer with experience handling wage and hour claims. The attorneys at McOmber McOmber & Luber, P.C. can help you understand your rights and options if your rights under the New Jersey Earned Sick Leave Law were violated.