Currently only 3 states in the Union – California, Massachusetts and Connecticut – require employers to provide employees with mandatory, paid leave when they are affected by injury, illness or contagious diseases. Public health advocates have hailed the proposed measure as a long-awaited and sorely needed measure that will limit the spread of infectious diseases and reduce the burden on the healthcare system. However business groups entrepreneurs, and business owners have expressed their strong opposition to this measure. They claim that this legislation will further increase the costs and legal pitfalls of doing business in New Jersey further damaging an already less than stellar reputation for the state’s business environment.
The attorneys of the Jayson Law Group LLC have reviewed Assembly Bill # 2354 that recently passed out of a state Assembly panel. The remainder of this post will examine the bill and the affects it provisions may have on workers and businesses in New Jersey.
How would New Jersey’s proposed sick leave bill impact businesses?
Before we delve into the specifics of this bill, we should first remark that as of this writing the bill is, by definition, merely proposed legislation. As the bill proceeds through the New Jersey legislature it will undoubtedly be revised. Thus provided that the bill is passed into law, the final legislation may contain significant differences.
However as the bill is currently written, it would require every business in the state of New Jersey, from tech start-ups to childcare facilities, to provide employees working in New Jersey with paid sick leave. An employee would accrue one hour of sick leave for every 30 hours worked. The number of sick hours that an employee can accrue or carry over to a new year is based upon the size of the company through which he or she is employed. Small employers, or those employers with 10 or fewer employees, must permit a worker to accrue or transfer up to 40 hours of paid sick leave. Larger employers with 10 or more employees must allow employees to accrue or transfer up to 72 hours of sick leave. As currently written, the employee would be compensated for his or her sick time at the same rate of pay with the same level of benefits. Employers may also achieve compliance with this proposed law by offering any other sick leave program which can be used for its intended purposes and meet the minimum accrual rates and levels of compensation. The Jayson Law Group can help your business identify, understand and plan for changes to the law including handling employment law concerns such as these.
When would employees be entitled to use their paid sick time?
If the bill was passed into law as it currently exists, it would currently permit employees to use their accrued paid sick leave for the purposes of:
- Visiting a doctor or medical professional for the purposes of diagnosing or treating a disease, illness or condition including both mental and physical illnesses.
- Aiding a family member so that they may seek care for a disease, illness or other condition from a medical professional.
- An absence due to the employee or an employee’s family member who has been a victim of an act or acts of domestic violence.
- A workplace closure due to an epidemic, public health emergency. Or due to an order by a public health authority stating that the physical presence of the employee would jeopardize the health of the general public.
For foreseeable absences where paid sick time will be used, an employer may require notice of up to 7 days regarding the date and duration of the sick leave absence. Furthermore, the employee is required to make reasonable attempts to refrain from disrupting the regular business activities of the employer. If the leave was not foreseeable, notice should be given to the employer as soon as possible. If the absence exceeds 2 consecutive days, an employer may require documentation showing that the leave is for a permitted purpose. However if there is a cost to obtain this documentation, the employer is responsible. Furthermore, an employer would not be permitted retaliate against an employer for taking paid sick time to which he or she is entitled.
Will New Jersey companies face increased costs & administrative burdens?
There are a number of additional burdens that employers may have to consider. If the bill becomes law, employers will be required to document and take records of the sick time accrued and used by employees. A failure to keep these records or comply with the records keeping requirement of the bill could lead to a presumption that the business failed to provide the sick leave as required by the proposed bill. This presumption would only be rebuttal by a showing of clear and convincing evidence. Furthermore, like in the case of the minimum wage, an employer would be required to post a notice provided by the state commissioner regarding an employee’s right to paid sick time.
Rely on our experienced business lawyers in Newark and Union
To be clear, this bill is only now making its way out of the state committees and panels. While the bill is not yet law, it does have the support of a number of prominent New Jersey politicians. The Jayson Law Group LLC can help your company or corporation recognize changes in the law that may impact its bottom-line. We can then develop actionable legal advice designed to protect your business goals and interests. To schedule a free and confidential consultation, contact us online or call 908-768-3633.
Source: