Paid Sick Leave Act

By: Christopher R. Shea, Esq. of R.C. Shea & Associates

On October 29, 2018, New Jersey became the 10th state to enact a statewide mandatory paid-sick-leave law. The New Jersey Paid Sick Leave Act requires that nearly all New Jersey employers provide up to 40 hours of paid sick leave per year to covered employees.

Here is an overview of what New Jersey employers need to know:

Who Is Covered?

Covered employees: The act applies to most employees working in the state “for compensation.” The act expressly excludes employees in the construction industry employed under a collective bargaining agreement, per diem healthcare employees, and public employees who already have sick leave benefits.

Covered employers: The act broadly applies to any business entity, irrespective of size, that employs employees in the state of New Jersey, including a temporary help service firm. It expressly excludes public employers required to provide their employees with sick leave.

How Is Leave Accrued?

Accrual period: The act requires employers to designate any period of 12 consecutive months as a “benefit year.” Employers cannot change the established benefit year without first notifying the New Jersey Department of Labor and Workforce Development. Under the act, current employees begin accruing sick time on the effective date of the act. New employees hired after the effective date of the act begin accruing sick time on the first date of their employment.

Accrual limits: In each benefit year, an employee will accrue up to 40 hours of sick time at a rate of one hour for every 30 hours worked. Alternatively, an employer may “frontload” the full 40 hours at the beginning of the benefit year. Employers with existing paid time off (PTO), personal days, vacation days and sick-day policies may utilize those policies to satisfy the requirements of the act as long as employees can use the time off as required by the act. In the case of a temporary help service firm placing an employee with client firms, paid sick leave will accrue on the basis of the total time worked on assignment with the firm, not separately for each client firm to which the employee is assigned.

How Can Leave Be Used?

Employers are not required to permit employees to use more than 40 hours of sick leave in a benefit year. Employees can use accrued sick time after the 120th day of their first date of employment for the following reasons:

Diagnosis, care or treatment of—or recovery from—an employee’s own mental or physical illness, including preventive medical care.

Aid or care for a covered family member during diagnosis, care or treatment of—or recovery from—the family member’s mental or physical illness, including preventive medical care.

Circumstances related to an employee’s or their family member’s status as a victim of domestic or sexual violence (including the need to obtain related medical treatment, seek counseling, relocate or participate in related legal services).

Closure of an employee’s workplace or of a school/childcare of an employee’s child because of a public official’s order relating to a public health emergency.

Time to attend a meeting requested or required by school staff to discuss a child’s health condition or disability.

The act broadly defines “family member” to include individuals related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.

Employers may not require an employee to find a replacement to cover the employee’s absence.

Carryover and Payout Rules

Maximum carryover: The act does not require employers to permit employees to carry over more than 40 hours of accrued sick time in a single benefit year.

Optional buyout: Employers may, but are not obligated to, offer to pay employees for their unused accrued sick time in the final month of the benefit year. If employees agree to receive the payment, they may choose a payment for the full amount of their unused accrued sick time or for 50 percent of such time.

The payment amount shall be based on the same rate of pay that the employee earns at the time of the payment. If an employer frontloads the entire amount of sick time, it must either pay the employee for the full amount of unused accrued sick time in the final month of the employer’s benefit year or carry forward any unused sick time to the next benefit year. Employee approval is not required.

In What Increments Can Workers Use Leave?

The act provides employers with the discretion to choose the increments in which its employees may use accrued sick time.

(RC Shea - See Page 21)

JACKSON – Program dates: July 3 to August 18, Monday through Friday (no camp July 4).

Camp location: Jackson Memorial High School.

Registration will not be accepted after camp begins. Children must be registered to be engaged in any activity. There is not a nurse on site during camp. Registration fee is for the entire 7-weeks.

Children will be grouped as follows:

• K & 1st graders

• 2nd & 3rd graders

• 4th & 5th graders

• 6th, 7th & 8th graders (grade currently enrolled in)

Summer Camp 2023

Camp Only: 9 a.m. to 3 p.m.

• 1st child $500

• 2nd child $475

• 3rd child $450

With Morning Care: 7:30 a.m. to 3 p.m.

• 1st child $575

• 2nd child $550

• 3rd child $525

With After Care: 9 a.m. to 6 p.m.

• 1st child $600

• 2nd child $575

• 3rd child $550

Full Day: 7:30 a.m. to 6 p.m.

• 1st child $675

• 2nd child $650

• 3rd child $625

Trip information: trips are optional; trips are subject to availability; trip fees are not included in registration fee; no trip refunds - if child does not attend, disciplinary action, suspension or withdrawn from camp; trips are non-transferable; once camp begins trip sign ups can only be done at camp, if they are open. Payment must be made at the time of registration

Refund information: $10 fee per refund/deducted from refund; no refunds after program begins; if the township cancels a trip a full refund will be issued; refunds are done by voucher and take approximately 4 to 6 weeks; $5 credit card fee is non -refundable; refunds cannot go back onto your credit card; if you are notified that your child has to quarantine due to COVID, and was scheduled for a trip, you will be offered a credit or a refund for the trip(s) only

Register beginning march 1 at: register.communitypass.net/Jackson . There is a $5 fee per transaction when paying online with a credit card - $25 additional fee for non-residents. After June 20, a $50 late registration fee per family.

Lakewood 55+ Covington VillageNewer construction gorgeous 2BR/ 2BA Condo 1165 sqft, hdwd floors; CAC; Washer/Dryer; balcony, pool, gym/amenities; billiard/card/theater rooms; parking; $2,700/Taxes; $416/ HOA; ONLY $239,000; pet friendly, close to beaches, shopping and all major highways; 201 390-7377/Julianne_matskin@yahoo.com (15)

For Rent

Floating Dock Slip For Rent This Season - Private home in Baywood area in Brick 25 feet $990 Call 732-477-3053. (17)

Personals

Partner Wanted - To open thrift store. Also need garage rental for storage. Leave message and number for call back 732-678-6786. (17)

For Sale

For Sale - $3000 or Best Offer: Two Grave Plots At Ocean County Memorial Park Toms River. Location: Garden Of Remembrance Grave 277 and 278 (Singles). Number Of Spaces: 2. We hold the deed, and this sale will be conducted at the Memorial Park's office in Toms River. All paperwork will be signed over to new owner's name immediately. If interested, please call 201-400-9433 leave message, all calls will be answered within an hour. (16)

House For Sale By Owner - Pheasant Run section of Forked River. Prime lot. Asking $350,000. For more info, 609-290-9702. (15)

Items Wanted

COSTUME/ESTATE JEWEL-

RY Looking to buy costume/estate jewelry, old rosaries and religious medals, all watches and any type of sterling silver, bowls, flatware candlesticks or jewelry. Same day house calls and cash on the spot. 5 percent more with this AD. Call Peggy at 732-581-5225. (t/n)

$$$ WANTED TO BUY $$$

Jewelry and watches, costume jewelry, sterling silver, silverplate, medals, military items, antiques, musical instruments, pottery, fine art, photographs, paintings, statues, old coins, vintage toys and dolls, rugs, old pens and postcards, clocks, furniture, brica-brac, select china and crystal patterns. Cash paid. Over 35 years experience. Call Gary Struncius. 732-364-7580. (t/n)

Vinyl Records Wanted - Paying cash for LP albums. Rock, Blues, Reggae, Soul. Very good condition only. Call Rick 908-616-7104. (17)

Wanted Storage Space - Long term non-commercial use. Jackson, Manchester or surrounding area. Electric a plus, 732-278-5098. (16)

CASH, CASH, CASH! - Instant cash paid for junk cars, trucks, vans. Free removal of any metal items. Discount towing. Call Dano 732-239-3949. (t/n)

Entire Estates Bought - Bedroom/dining sets, dressers, cedar chests, wardrobes, secretaries, pre-1950 wooden furniture, older glassware, oriental rugs, paintings, bronzes, silver, bric-a-brac. Call Jason at 609-970-4806. (t/n)