For new employees (i.e., employees recruited on or after October 29, 2018), employers may require a 120-day waiting period before a new employee can benefit from their accrued sick leave. While new employees must be put on sick leave when they are hired, they can wait 120 days before taking advantage of their accumulated leave. Blocking data. The LLSL allows employers to limit the use of “predictable earned sick leave” on certain data, but does not contain a definition of “specific data”. In the proposed rules, the ministry clarified that if a worker`s need to use earned sick leave is “foreseeable,” an employer may restrict the use of such leave at certain times, limited to “verifiable periods of high volume or special events” where a worker`s use of sick leave would “unduly disrupt” an employer`s operation. Commentators have questioned this rule, with one of them calling for the ministry to adopt a rule that extends the number of blackout days of this type. The NJDOL rejected this request and made its political decision to strike a balance between workers` rights and employers` rights under the law. Domestic or sexual violence, such as absences due to circumstances due to the fact that the employee or a member of the worker`s family is a victim of domestic or sexual violence when the leave is intended to allow the employee or his or her family member to receive medical, legal or other victim services The law anticipates all existing and future municipal bylaws in New Jersey with respect to paid periods of illness. There are currently 13 municipalities in New Jersey that have paid medical regulations: Bloomfield, East Orange, Elizabeth, Newark, Jersey City, Paterson, Passaic, Trenton, Montclair, Irvington, New Brunswick, Plainfield and Morristown. All these sacred acts will be challenged on the day the law comes into force. Many employers have sought clarification on workers` rights, between the effective date of the PSLL (29 the date they set as the benefit year for their employees (which will be January 1, 2019 for many employers). Unfortunately, the answer is not clear. Neither the act itself nor the proposed regulations provide definitive direction and, in fact, there is contradictory language.
A primary area of uncertainty is whether an employer with an existing absenteeism policy that meets the requirements of the LLSP has obligations before the start of the next benefit year. Below are two alternative interpretations of an employer`s obligations in the gap between the effective date of the law and the beginning of the next benefit year. Imputation limits: Each benefit year, an employee accumulates up to 40 hours of illness with one hour per 30 hours of work. Alternatively, an employer can “pre-charge” the full 40 hours at the beginning of the benefit year. Employers with paid free time (PTO), personal days, days off and sick days can use these guidelines to meet the requirements of the law as long as employees can benefit from the exemption as provided by law. The PSLL simply provides that employees who are employed before the date of entry into force of the PSLL (i.e.: Before October 29, 2018), they can benefit from their sick leave resulting from the PSLL from 120 days after their date of recruitment. . . .