Don't Get Left Out In the Cold - Know Your Local Sick Leave Laws


Don’t Get Left Out in the Cold - Know your Local Sick Leave Laws

Employers recognize that they typically must be familiar with and follow both federal and state laws in order to comply with applicable employment laws. The past few years have added an additional layer of regulation as there has been a growing trend for municipalities to pass local leave laws requiring employers to provide paid sick leave to employees.

In early 2014, New York City and Jersey City were two of the first municipal governments to implement paid sick leave requirements.  Municipalities across the country have since followed that lead.  Currently, New Jersey leads the nation in the number of municipalities that have passed local sick leave laws.

At present, 13 New Jersey municipalities require local private employers to provide paid sick leave to employees.  These municipalities include Bloomfield, East Orange, Elizabeth, Irvington, Jersey City, Montclair, Morristown, Newark, New Brunswick, Passaic, Paterson, Plainfield, and Trenton.  The local sick leave ordinances are generally similar, but not identical, and set forth standards for entitlement to sick leave, accrual, notice to employees, employer notice, and anti-retaliation provisions.

Due to differences in the ordinances, employers with locations in New Jersey (or any other state) need to understand and comply with any local paid sick leave ordinances implemented in the locations in which they operate.  This is particularly true for employers with multiple locations, as employees in different locales may be entitled to different sick leave benefits.  In such instances, employers will need to decide whether to have different sick leave benefits in each location or to provide the benefits required by the most generous local sick leave law to all employees.

Please feel to contact me if you have any questions concerning your business's sick leave obligations.