New Jersey Earned Sick Leave Law Preempts Local Ordinances

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.

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.