Checklist for NJ Sick Leave Compliance

(Click Here for PDF Version)


What type of time off do you have? Vacation? Sick? PTO?

Your existing PTO policy may be compliant. Click here PTO Compliance information.

For those who aren’t sure, here is the checklist to determine if you need to adjust now for compliance.

  • Determine benefit year
  • Determine accrual or front load
  • Determine carryover or payout
  • Review personnel policy to ensure time off can be used for the permissible reasons of the law
  • Review personnel policy for attendance policy – disciplinary actions
  • Review personnel policy for definition of “family” – update if necessary
  • Review personnel policy for advanced notice of foreseeable absences (not to exceed 7 days). Can request both intention to take PSL and the expected duration. Can require “tangible proof” of appointment, event or meeting with school
  • Review personnel policy for absence of 3 consecutive days employer request documentation
  • Determine lowest amount of time that can be used (eg. ½ day = 4 hours)
  • Start accrual for current employees on October 29th or before
  • Set use of NJ Sick Leave earned time to February 26,2019
  • Set accrual rate for 1 hour for every 30 hours worked – 0.0333333
  • Cap for accrued hours set to 40 hours accrued time
  • Set cap for earned hours carries over to 40 hours
  • Determine industry and organization blackout days
  • Educate leadership/decision makers/supervisor on reasons that time can be used, confidentiality issues, compliance requirements, retaliation
  • Notice to employees due within 30 days of issue of model NJDOL notice
  • Have employees sign off on new staff handbook if any changes
  • Have employees sign off on receipt of NJDOL notice
  • Set 120 day clock as new employees join organization
  • Track reasons for staff requesting Time Off