Labor Department Publishes Proposed Earned Sick Leave Rules

NJ to Become 10^th State to Require Employers to Offer Paid Time Off for Illness

TRENTON, NJ – The New Jersey Department of Labor and Workforce Development has published proposed rules that would implement the state’s new earned sick leave law. The law goes into effect on October 29.

The Labor Department engaged informally with worker organizations and employer groups before drafting the rule proposal. The 42-page document was filed with the Office of Administrative Law on September 13 and will be published in the New Jersey Register on October 15, kicking off a 60-day comment period.

Once finalized, the rules will provide a regulatory framework for the Department to administer the earned sick leave law. The rules also will serve as a blueprint for employers on how to comply with the law and for employees on their rights under the law.

“Having access to paid sick days means that New Jersey workers no longer have to lose a day’s pay to stay home sick or to care for a sick child or parent,” said Commissioner Robert Asaro-Angelo. “We decided to post the rule proposal a month before it is published formally in the New Jersey Register to give employers and employees as much information as we can as soon as possible about how earned sick time will be accrued, used, paid, and carried over.”

In addition to permitting employees to care for themselves and their loved ones, the law also permits victims of domestic violence to use their leave to obtain treatment and counseling.

The rule proposal can be seen now by visiting the Labor Department’s website: https://nj.gov/labor/forms_pdfs/Roles/Legal/FinalAdminDecisions/2018/prn2018095.pdf

A public hearing on the rule proposal will be held at 10 am on Tuesday, Nov. 13, in the Labor Department’s auditorium, 1 John Fitch Plaza, Trenton, NJ. The Department will accept written comments through December 14 to the address listed in the notice.

The Labor Department is charged with enforcing the law signed by Gov. Murphy on May 2, making New Jersey one of 10 states to mandate that employers provide their employees with paid sick leave. The law also empowers the Department to implement the law through the promulgation of rules.

There currently is no federal paid sick leave law.

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