The New Jersey Department of Labor and Workforce Development (NJDOL) issued its final regulations to implement the New Jersey Earned Sick Leave Law (ESLL), providing much-needed clarification on critical aspects of the law. That law was also amended to address COVID-19 reasons for absences.
As previously reported, the ESLL requires New Jersey employers to provide employees up to 40 hours of paid sick leave per benefit year. Employees are permitted to use earned sick leave for specifically enumerated purposes, including:
(1) Time needed for diagnosis, care, or treatment of, or recovery from their own mental or physical illness, injury or other adverse health condition, or for preventative medical care;
(2) Time needed to aid or care for a family member during diagnosis, care, or treatment of, or recovery from their own mental or physical illness, injury or other adverse health condition, or for preventative medical care;
(3) Absence necessary due to circumstances resulting from they or a family member being a victim of domestic or sexual violence (including to obtain medical attention, domestic violence/victim services, psychological or other counseling, or legal services; or for relocation or legal proceedings);
(4) Time needed to attend school-related conferences, meetings, or any event requested or required by a school administrator, teacher, or other professional staff member responsible for their child's education, or to attend a meeting regarding care provided to their child in connection with their child's health conditions or disability; or
(5) Absence necessary due to a public health emergency declared by a public official that causes the closure of their workplace or their child's school or childcare facility, or that their presence or that of their family member requiring care would jeopardize the health of others.
With regard to the last reason above, due to the COVID-19 pandemic, on March 25, the ESLL was specifically permanently amended to enable employees to also use their earned sick leave entitlement relating to a declaration of a state of emergency by the Governor, or the issuance of orders or recommendations by a health care provider or the Commission of Health, including when they must be isolated or quarantined, or care for a family member in quarantine, because of exposure of suspected exposure to a communicable disease.
Below are some of the more noteworthy clarifications contained in the final regulations, issued in January:
There were 118 comments addressed in the NJDOL's final regulations, so the above is not an exhaustive list. Employers should confer with counsel and once again review their sick leave and/or paid time off policies to ensure compliance with the new guidance as well as the recent amendments.
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