By: Cristina N. Hyde, JD

Last month, on January 6, 2020, the New Jersey Department of Labor and Workforce Development finalized the regulations related to the Earned Sick Leave Law (ESLL) that went into effect in October 2018.  52 N.J.R. 20 (a).  Although the finalized regulations do not generate significant changes, they are accompanied by important interpretive material that is meat to assist with compliance and implementation.  Important clarifications include the following:

• Employers DO NOT have to use the same benefit year for all employees. Instead, employers are permitted to use different dates for every employee to determine a benefit year; such as an individual’s hire date.
• When determining the pay rate for paid sick-time, the calculations must include non-discretionary bonuses.
• If a small business prefers to continue the use of its existing paid time-off policy, all available paid time off enumerated in that policy shall also be considered earned sick leave under the ESLL.

To the extent that the Department of Labor has indicated that further clarification might be necessary, Campanella Law Office will be watching for any future revisions or guidance.  Meanwhile, if you have any questions about your earned sick leave policy, please do not hesitate to reach out to our office.