N.J. Admin. Code § 12:69-1.1

Current through Register Vol. 56, No. 24, December 18, 2024
Section 12:69-1.1 - Purpose and scope
(a) The purpose of this chapter is to implement P.L. 2018, c. 10 (the Act), which requires that every employer shall provide earned sick leave to each employee working for the employer in New Jersey and which establishes the manner in which such sick leave shall be accrued or advanced, used, paid, paid out, and carried over.
(b) The chapter is applicable to all employers and employees.
(c) An employer shall be in compliance with the Act if the employer provides each employee with paid time off (PTO), which may include leave types other than sick, such as personal leave and vacation leave, so long as the PTO meets or exceeds all of the requirements in the Act; that is, an employee must be permitted to use all of the PTO for any of the purposes set forth at N.J.A.C. 12:69-3.5(a), and the employer's PTO program must meet or exceed the other requirements of the Act and this chapter, including, but not limited to:
1. Accrual in accordance with N.J.A.C. 12:69-3.3 or advancing in accordance with N.J.A.C. 12:69-3.4;
2. Use in accordance with N.J.A.C. 12:69-3.5;
3. Payment in accordance with N.J.A.C. 12:69-3.6; and
4. Payout and carry-over in accordance with N.J.A.C. 12:69-3.7.
(d) No provision of this chapter shall be construed as:
1. Requiring an employer to reduce, or justifying an employer in reducing, rights or benefits provided by the employer pursuant to an employer policy or collective bargaining agreement that are more favorable to employees than those required by the Act or this chapter or which provide rights or benefits to employees not covered by the Act or this chapter;
2. Preventing or prohibiting the employer from agreeing, through a collective bargaining agreement or employer policy, to provide rights or benefits that are more favorable to employees than those required by the Act or this chapter or to provide rights or benefits to employees not covered by this Act or this chapter;
3. Prohibiting an employer from establishing a policy whereby an employee may donate unused accrued earned sick leave to another employee or other employees; or
4. Superseding any law providing collective bargaining rights for employees, or in any way reducing, diminishing, or adversely affecting those collective bargaining rights, or in any way reducing, diminishing, or affecting the obligations of employers under those laws.
(e) Employees or employee representatives may waive the rights or benefits provided under the Act or this chapter during the negotiation of a collective bargaining agreement.
(f) With respect to employees covered by a collective bargaining agreement in effect on October 29, 2018, no provision of the Act or this chapter shall apply until the stated expiration of the collective bargaining agreement.

N.J. Admin. Code § 12:69-1.1

Adopted by 52 N.J.R. 20(a), effective 1/6/2020