NJDOL Releases New Earned Sick Leave Notice – New Poster Required

New Jersey Labor Law PostersOur readers may recall that earlier this year, New Jersey Governor Phil Murphy signed the Earned Sick Leave Act, requiring employers to provide up to 40 hours of paid sick leave to employees in a benefit year. Starting October 29, 2018, New Jersey employees may accrue one hour of earned sick leave for every 30 hours worked and may use any accrued sick leave beginning on the 120th calendar day after the employee commences employment. Employees hired after the effective date will accrue sick leave immediately and will not be eligible to take sick leave until the 120th day after their employment commences.

Under the Earned Sick Leave Act, employers are required to post a notice of employee rights in a conspicuous place accessible to all employees in the workplace. The New Jersey Department of Labor (NJDOL) has released the required notice. The notice covers:

  • the right to earned sick leave
  • accrual rate and amount of earned sick leave
  • when earned sick leave is available for use
  • acceptable reasons to use earned sick leave
  • employee notice and reasonable documentation
  • the right to be free from retaliation for requesting earned sick leave
  • the right to file a complaint

Employers must also provide a written copy of the notice to each employee within 30 days after it is issued by the NJDOL, at the time of hiring, and the first time an employee requests a copy.

If NJDOL’s proposed regulations are adopted, employers with an internet site or intranet site for exclusive use for its employees can satisfy the posting requirement by posting the notice on their site. The proposed regulations also state that the required notice may be distributed by e-mail. The proposed regulations are currently on a 60-day public comment period.

The new notice must be displayed in the workplace by October 29, 2018. Employers can comply with the state’s new posting requirements by purchasing a new New Jersey All-On-OneTM Labor Law Poster.

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