Sick Leave for New Jersey Employees: What You Need to Know in 2025
Let me paint a picture of New Jersey's sick leave landscape that's as robust as our famous boardwalks:
Ever woken up in Newark with a cold that makes the Prudential Center look blurry, or caught the flu while working in Atlantic City that not even the best Taylor ham/pork roll sandwich could cure? Whether you're working pharmaceuticals in the Research Triangle, harvesting cranberries in the Pine Barrens, or developing software in Jersey City's tech hub, understanding New Jersey's approach to sick leave is as essential as knowing which exit you take on the Turnpike.
Key Objectives:
- Does New Jersey Require Paid Sick Leave?
- How Earned Sick Leave Works in New Jersey
- When Can Sick Leave Be Used?
- Employer of Obligations
- Carryover and Payout
- Interaction with Other Leave Laws
- COVID-19 and Sick Leave
- Frequently Asked Questions
- Common Misconceptions About Sick Leave
- Why Sick Leave Matters
Here's what makes New Jersey's approach special: Like a well-oiled machine at one of our diners, the Garden State has a comprehensive paid sick leave law that serves everyone. Under the New Jersey Earned Sick Leave Law, employees earn one hour of sick leave for every 30 hours worked, up to 40 hours per year.
Like the steady waves at the Jersey Shore, this benefit flows to virtually all employees, whether they're working full-time, part-time, or seasonally. Just as our state is densely packed with diversity, the law covers a dense array of valid reasons for leave, from personal illness to caring for family members.
New Jersey has one of the most robust sick leave laws in the country. The New Jersey Earned Sick Leave Law ensures that nearly all employees in the state can earn and use paid sick leave for personal or family health needs, as well as other covered purposes. Here's everything you need to know about sick leave in New Jersey in 2025.
Does New Jersey Require Paid Sick Leave?
Yes, under the New Jersey Earned Sick Leave Law, employers are required to provide paid sick leave to most employees. This law applies to full-time, part-time, and temporary workers, ensuring widespread coverage across industries.
How Earned Sick Leave Works in New Jersey
Who Is Covered?
- Eligible Employees: All employees working in New Jersey, including part-time, seasonal, and temporary workers, are covered.
- Exemptions:
- Independent contractors.
- Construction employees under collective bargaining agreements.
- Per diem health care employees.
- Public employees already provided sick leave under another law.
Accrual and Usage
- Accrual Rate: Employees earn 1 hour of sick leave for every 30 hours worked, up to a maximum of 40 hours per year.
- Start Date: Employees begin accruing sick leave on their first day of work and can start using it after 120 days of employment.
- Frontloading Option: Employers may choose to provide the full 40 hours at the start of the benefit year instead of using the accrual system.
When Can Sick Leave Be Used?
Employees can use accrued sick leave for:
Personal Health Needs:- Illness, injury, or preventive care.
- Caring for a family member’s health needs, including illness or injury.
- When the workplace, school, or childcare is closed due to a public health emergency.
- Seeking medical care, counseling, relocation, or legal services.
Covered family members include:
- Spouses, domestic partners, and civil union partners.
- Children (biological, adopted, foster, step, or legal ward).
- Parents, grandparents, and siblings.
Employer Obligations
Employers in New Jersey must:
- Track Accrual and Usage: Maintain accurate records of employees’ earned sick leave accrual and usage for five years.
- Provide Notice: Distribute written notice to employees about their sick leave rights and display posters in the workplace.
- Prohibit Retaliation: Ensure employees are not penalized or discriminated against for using earned sick leave.
Carryover and Payout of Sick Leave
- Carryover Rules: Employees may carry over unused sick leave to the next benefit year, but employers can cap usage at 40 hours per year.
- Payout at Termination: Employers are not required to pay out unused sick leave upon termination, resignation, or other separation unless the company policy specifies otherwise.
Interaction with Other Leave Laws
The New Jersey Earned Sick Leave Law complements other state and federal laws, such as:
- New Jersey Family Leave Act (NJFLA): Provides up to 12 weeks of unpaid, job-protected leave for family caregiving and bonding purposes.
- Family and Medical Leave Act (FMLA): Offers unpaid, job-protected leave for personal or family health needs.
- Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI): Provides wage replacement for eligible employees during periods of personal illness or family caregiving.
COVID-19 and Sick Leave
New Jersey employees can use earned sick leave for COVID-19-related reasons, such as:
- Testing, treatment, or quarantine due to exposure.
- Caring for a family member affected by COVID-19.
- When a workplace, school, or childcare facility is closed due to a public health emergency.
FAQs About Sick Leave in New Jersey
Q: Can employers require a doctor’s note?
A: Employers may request documentation if an employee uses more than three consecutive days of sick leave. However, the request must be reasonable and not create an undue burden.
Q: Can part-time employees earn sick leave?
A: Yes. Part-time employees accrue sick leave at the same rate as full-time employees, earning 1 hour for every 30 hours worked.
Q: What happens to unused sick leave at the end of the year?
A: Employees may carry over unused sick leave to the next benefit year. Employers can limit usage to 40 hours per year regardless of the carryover amount.
Common Misconceptions About Sick Leave in New Jersey
- “Only full-time employees qualify for sick leave.”
False. The law covers part-time, seasonal, and temporary workers.
- “Unused sick leave must be paid out when an employee leaves.”
False. Employers are not required to pay out unused sick leave unless their policy states otherwise.
- “Employers can deny sick leave for minor illnesses.”
False. Employees can use earned sick leave for any qualifying health-related reason without employer interference.
Why Sick Leave Matters
New Jersey’s Earned Sick Leave Law ensures employees have the flexibility to care for their health and family needs without fear of losing income. For employers, offering sick leave promotes a healthier, more productive workforce and fosters loyalty among employees.
Final Thoughts
Understanding your sick leave rights in New Jersey can feel like navigating the Meadowlands - there's more to it than meets the eye. Whether you're an employee trying to understand your benefits or an employer looking to create supportive policies, staying informed is crucial.
If you're a business looking to navigate New Jersey's employment landscape while expanding your workforce, consider partnering with an Employer of Record (EOR) service. They can help manage your HR compliance, payroll, and benefits administration while you focus on growing your business. Learn more about EOR services and how they can simplify your employment needs at TCWGlobal's EOR solutions.
Remember, just as our state motto declares, "Liberty and Prosperity," creating supportive time-off policies isn't just good for employees - it's good for business. Like a perfect summer day down the Shore, when workplace policies are well-designed, everyone benefits.
Need specific guidance? Consider consulting with your HR department, reviewing your employee handbook, or speaking with an employment law professional who understands New Jersey's unique business environment, where East Coast hustle meets Garden State heart.
In New Jersey, sick leave is a fundamental right for nearly all employees. Employers must comply with the Earned Sick Leave Law to avoid penalties and ensure their workforce is supported. Employees should familiarize themselves with their rights and consult their employer’s policies for specific details.
For more information, visit the New Jersey Department of Labor and Workforce Development or consult your employer’s handbook.
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