• Views: in the last
  • 32Week
  • 23Month
  • 182Total


  • NJ A1446
  • Concerns earned sick leave.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill requires each employer to provide earned sick leave to each employee it employs in the State, except for construction employees that are under contract pursuant to a collective bargaining agreement. The employee accrues one hour of earned sick leave for every 30 hours worked. The employer is not required to permit the employee to accrue at any one time, or carry forward from one year to the next, more than 40 hours of earned sick leave if the employer has less than 10 employees in the State, or more than 72 hours of earned sick leave if the employer has 10 or more employees. Unless the employee accrued earned sick leave with the employer before the effective date of the bill, for an employee hired prior to the effective date of the bill, the leave accrues beginning on that date and the employee may use the leave beginning on the 90th day after the employee is hired, and for an employee hired after the effective date of the bill, the leave accrues beginning on the date of hire and the employee may use the leave beginning on the 90th day after the employee is hired, unless the employer agrees to an earlier date. The bill provides that an employer is in compliance with the requirements of the bill with respect to providing earned sick leave if the employer offers any other fully paid leave that may be used for the same purposes provided by the bill in the same manner provided by the bill, and is accrued at a rate equal to or greater than the rate required by the bill. The employer is required to pay the employee for earned sick leave at the same rate of pay with the same benefits as the employee normally earns, except that the pay rate may not be less than the State minimum wage. If an employee is transferred to a separate division, entity, or location, but remains employed by the same employer, the employee is entitled to retain and use all earned sick leave accrued at the prior division, entity, or location. Earned sick leave may be used for: 1. Time needed for diagnosis, care, or treatment of, or recovery from, an employee's mental or physical illness, injury or other adverse health condition, or for preventive medical care for the employee; 2. Time needed for the employee to care for a family member during diagnosis, care, or treatment of, or recovery from, the family member's mental or physical illness, injury or other adverse health condition, or preventive medical care for the family member; or 3. Absence needed due to circumstances resulting from the employee or a family member being a victim of domestic or sexual violence, if the leave is to obtain medical attention, counseling, relocation, legal or other services. The bill prohibits retaliatory personnel actions against an employee for the use or requested use of earned sick leave or for filing of a complaint for an employer violation. The bill sets requirements for record keeping and for notifying workers of their rights under the bill. It provides for penalties and other remedies for non-compliance with the requirements of the bill, based on the penalties and remedies for non-compliance with the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.). The bill specifies that it is intended to set minimum standards for earned sick leave, but not to prevent any employer policies, collective bargaining agreements or other laws or ordinances which set higher standards. With respect to employees covered by a collective bargaining agreement in effect at the time of the effective date of the bill, no provision of the bill will apply until the expiration of the collective bargaining agreement.
Labor
Introduced, Referred to Assembly Labor Committee  (on 1/27/2016)
 
 
Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Labor Committee
Date Motion Yea Nay Other
None specified