New Jersey Statewide Rule

New Jersey Earned Sick Leave Law Preempts Local Ordinances

Some RestrictionsApplies statewide across New Jersey (2026)

Key Facts

Authority: NJSA 34:11D-1: NJSA 34:11D-1 et seq.
Effective date: October: Effective date: October 29, 2018
Up to 40: Up to 40 hours of paid sick leave per benefit year
Preemption: Preempts municipal paid sick leave ordinances
Covers most private: Covers most private employers regardless of size

Last verified: September 5, 2026Source: Justia Law

Summary

The New Jersey Earned Sick Leave Law at NJSA 34:11D provides up to 40 hours of paid sick time and preempts local sick leave ordinances, creating a single statewide standard.

34:11D-8 Provisions preemptive; construction of act. 8. a. The governing body of a county or municipality shall not, after the effective date of this act, adopt any ordinance, resolution, law, rule, or regulation regarding earned sick leave. The provisions of this act shall preempt any ordinance, resolution, law, rule, or regulation regarding earned sick leave adopted by the governing body of a county or municipality.

Source: Justia LawView official code

Full Breakdown

The New Jersey Earned Sick Leave Law, NJSA 34:11D-1 et seq., took effect October 29, 2018. It requires nearly all employers to provide up to 40 hours of paid sick leave per benefit year, accruing at one hour per 30 hours worked. Workers may use leave for their own or family member's illness, preventive care, school closures from public health emergencies, or domestic violence circumstances. The Act expressly preempts municipal paid sick leave ordinances such as those previously adopted in Newark, Jersey City, and others. Department of Labor and Workforce Development enforces with administrative penalties and worker remedies.

Violations & Penalties

Employer violations may result in administrative fines, payment of unpaid sick leave, liquidated damages, and civil action by aggrieved workers within two years of violation.

Frequently Asked Questions

Can a New Jersey city require more sick leave than the state?

No. NJSA 34:11D preempts municipal paid sick leave ordinances and establishes a uniform statewide standard for all covered employers.

Are part-time employees entitled to paid sick leave?

Yes. Part-time, full-time, and temporary workers accrue paid sick leave at one hour per 30 hours worked under the Earned Sick Leave Law.

Sources

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