Official Site of The State of New JerseyEarned Sick Leave
Employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of earned sick leave per year so they can care for themselves or a loved one.
This law applies to almost all workers in New Jersey.
You can use Earned Sick Leave to:
- Care for your own physical or mental illness
- Care for a loved one’s physical or mental illness
- Receive wellness care
- Cope with domestic or sexual violence, or care for a loved one who is a victim/survivor
- Attend a child’s school-related meeting, conference, or event, when requested by the school
During public health emergencies:
- Quarantine based on the advice of a health care provider or public health authority
- Care for children when school or childcare is closed due to an epidemic or public health emergency
Employers must provide earned sick leave to nearly all employees:
- No matter how much you work: full-time, part-time, seasonal, or temporary
- No matter how you’re paid: salaried, hourly, cash, or piece rate.
- No matter how many workers your company employs
These types of employees are not covered under the law:
- construction (union only)
- per diem health workers
- public employees who are provided with full pay sick leave under another law
- independent contractors
NJDOL does not ask about citizenship and serves all workers regardless of their immigration status.
NJDOL will not share any information, including with immigration agencies, unless required by law or regulations. Law enforcement agents must provide a signed request and warrant, and certify they’ll keep identifying information confidential.
NJDOL cannot provide identifying information to a government agency if your complaint was filed against them.
Earn one hour of earned sick leave for every 30 hours you work. The maximum amount employers are required to provide you is 40 hours of leave per benefit year. However, they can choose to exceed the law and provide more sick leave.
For example: Work 40 hours/week and earn 5.33 hours of sick leave in 4 weeks.
Employers may choose to provide you with 40 hours of earned sick leave up front, at the start of the year. This way, they don’t have to keep track of how much time you have earned.
You can use earned sick leave to care for family members, including:
- children (biological, adopted, or foster child; stepchild; legal ward; child of a domestic partner or civil union partner)
- Siblings and parents
- Grandparents and grandchildren
- Spouses and partners
- Extended family and chosen family, including any person related by blood or whose close association is the equivalent of family
Can my employer request proof that the person I'm caring for is family?
Your employer can require reasonable documentation if you use earned sick leave on three or more consecutive workdays, or on certain dates specified by the employer. If you are required to provide reasonable documentation, and they do not accept your need to care for family, including loved ones and chosen family, you can file a complaint with NJDOL.
If you or a loved one experiences domestic or sexual violence, you can use earned sick leave for:
- Medical care and recovery
- Support services: Counseling, advocate support, or legal aid
- Safety actions: Plan for safety, escape abuse, find shelter
- Court assistance: Prepare for or attend domestic/sexual violence court proceedings
Remember, your employer cannot require documentation for one or two consecutive days of sick leave. Your employer must also keep your sick leave private. They need your written permission to share any information.
Notice requirements differ depending on the type of leave you need.
- Planned leave: Employers can require you to give seven days’ advance notice for planned leave like wellness or school appointments.
- Restrictions during peak times: Employers might limit leave during busy periods but must inform you of these dates.
- Restrictions during peak times: Employers might limit leave during busy periods but must inform you of these dates.
- Unplanned leave: Inform your employer as soon as possible.
If the employer has not stated the notice requirement, the employer must allow you to use the planned earned sick leave without prior notice.
- Your employer cannot require documentation for one day of sick leave, or two consecutive days.
- Documentation can be required for three or more consecutive days off.
- It can also be required during predetermined busy periods where the employee’s need to use earned sick leave is not foreseeable. Where the employee’s need to use earned sick leave is foreseeable, the employer may prohibit the use of earned sick leave during predetermined busy periods altogether.
- Employers can require the employee to specify the reason for the leave. Except where the employer is entitled to demand documentation from the employee (when the employee needs to use Earned Sick Leave for three or more consecutive days or during predetermined busy periods), all requests by employees to use earned sick leave should be treated by the employer as presumptively valid. (See N.J.A.C. 12:69-3.5(k).
Your rate of pay for earned sick leave must be your regular hourly rate.
Your sick leave pay must be at least the state minimum wage.
If your pay is non-standard, add your total earnings (excluding overtime) from the last seven days worked. Divide this by the total hours of work in these days.
This applies if:
- your pay varies
- you have multiple jobs with the same employer
- you’re paid by the piece (piecework)
- your pay includes tips, food, or lodging
If you’re paid by commission, use your hourly base wage or the state minimum wage, whichever is greater.
Your employer must keep your sick leave private. They need your written permission to share any information.
Employers must pay you for any Earned Sick Leave you use in the same pay period.
Pay must come with your regular paycheck or another method that you can easily deposit, or cash.
Your employer cannot:
- require you to make up hours instead of using earned sick leave
- force you to find a replacement for your shift
They can allow you to make up hours if you both agree.
You may carry over up to 40 hours of unused earned sick leave into the next benefit year. Your employer has to allow you to use up to 40 hours of leave per benefit year, even if you carried over leave from the prior year.
Your employer could pay you for your unused earned sick leave at the end of the benefit year.
Employers must:
- Provide a written notice about Earned Sick Leave.
- Display the Earned Sick Leave poster in an easily visible spot. Click here to download a printable version of the poster.
A benefit year is the period of 12 consecutive months established by an employer in which an employee shall accrue and use earned sick leave. This can be based on a calendar year for all employees or individually based upon an employee’s hire date.
To change the benefit year, you must provide notice in writing to the NJDOL Commissioner at least 30 calendar days prior to the proposed change.
Employees earn one hour of sick leave for every 30 hours worked.
Advance leave: Employers can give 40 hours at the start of the benefit year. This eliminates the need to track accruals.
Prorated advance leave: If hiring mid-year, employers can prorate leave. Employer must still provide one hour of sick leave for every 30 hours worked.
Employers must keep records documenting compliance over the last five years.
Records must include:
- employee hours worked
- accrued/advanced sick time,
- sick time use, pay out, and carryover
Employers must provide NJDOL records upon request.
Employees transferred to another location within New Jersey retain their sick leave.
If rehired within six months, employees keep sick leave.
If a new employer takes over the business, they must maintain sick leave from the predecessor.
Your employer cannot punish you for:
- Using sick leave
- Filing a complaint
- Talking about your rights
Punishment includes threats, firing, cutting hours, or other adverse actions. Employers breaking this law may face fines and penalties.
This law has a “rebuttable presumption”. This means if you report a violation or talk about rights and face adverse actions within 90 days, NJDOL presumes it's retaliation.
Your employer must prove it wasn't retaliation. "Adverse actions" are those discouraging you from exercising your rights.
If you believe your employer has violated the law, you can file a complaint:
- Online: File a wage complaint
- By mail or fax: Download a printable complaint form
- By email: Send a message to wage.hour@dol.nj.gov
- By phone: Call 609-292-2305 between 8:30 a.m. and 4 p.m. TTY users can contact this department through NJ Relay: 7-1-1
If an employer faces allegations of violating the law:
- NJDOL will notify them by certified mail.
- Employer has 15 days to request a formal hearing.
- If not settled informally, the matter goes to a formal hearing.
You have the right to up to 40 hours of earned sick leave each year to care for yourself and your child. You can use your sick time to attend school conferences and events where your presence is requested, as well as meetings about your child’s health or disability.
Download an Earned Sick Leave handout for parents and guardians (English)
Descargar un folleto sobre la baja por enfermedad para padres y tutores (español)
- By email: Send a message to wage.hour@dol.nj.gov
- By phone: Call 609-292-2305 between 8:30 a.m. and 4 p.m. TTY users can contact this department through NJ Relay: 7-1-1
You may qualify for other benefits. Visit myleavebenefits.nj.gov to learn more.
Make a complaint
If you believe that your employer has not provided you sick leave that you're entitled to, or you have a question about your situation, NJDOL can help.
- File a complaint online through our secure system
- Contact us by mail or fax
Help us spread the word!
Learn more about our Earned Sick Leave outreach grant, and download our printable outreach materials.
