N.J. Admin. Code § 12:69-3.3

Current through Register Vol. 56, No. 8, April 15, 2024

Section 12:69-3.3 - Earned sick leave; accrual

(a) For every 30 hours worked, the employee shall accrue one hour of earned sick leave.

(b) The employer shall not be required to permit the employee to accrue more than 40 hours of earned sick leave in any benefit year.

(c) Where the employer does not record hours worked for a particular employee because the employee is an exempt employee under either the Federal Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., or the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56aet seq., the employer may either:

1. Record the actual hours worked for that employee for the purpose of calculating earned sick leave accrual; or

2. Presume, solely for the purpose of calculating earned sick leave accrual, that the employee works 40 hours per week.

(d) For an employee who commences employment on or before October 29, 2018, earned sick leave shall begin to accrue no later than October 29, 2018.

(e) For an employee who commences employment after October 29, 2018, earned sick leave shall begin to accrue on the date that the employment commences.

(f) Where an employee has been transferred to a separate division, entity, or location, but remains employed in New Jersey by the same employer, the employee shall retain all earned sick leave that was accrued while working with the prior division, entity, or lo cation.

(g) Where an employee is terminated, laid off, furloughed, or otherwise separated from employment with the employer and where the employee is reinstated or rehired to that employment in New Jersey within six months of the separation, any unused earned sick leave accrued by the employee prior to the separation shall be returned to the employee upon rehire or reinstatement.

(h) Where a successor employer takes the place of an existing employer, all employees of the predecessor employer shall retain all earned sick leave accrued while working for the predecessor employer.

1. There shall be a rebuttable presumption of successorship if the two parties (the predecessor firm and the successor firm) share two or more of the following capacities or characteristics:

i. Performing similar work within the same geographical area;

ii. Occupying the same premises;

iii. Having the same telephone or fax number;

iv. Having the same e-mail address or Internet website;

v. Employing substantially the same work force, administrative employees, or both;

vi. Utilizing the same tools, equipment, or facilities;

vii. Employing, or engaging the services of, any person or persons involved in the direction or control of the other; or

viii. Listing substantially the same work experience.

N.J. Admin. Code § 12:69-3.3

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