Newark Passes Paid Sick Time Ordinance

By: Patrick W. McGovern, Esq. and Rebecca Fink, Esq.

Beginning on May 29, 2014, all private sector employers must provide paid sick time to their employees who work in Newark, including part-time and temporary employees who work at least 80 hours in a calendar year, subject to the few exceptions described below. The following summarizes the answers to the most commonly asked questions we have received regarding the Ordinance.

How Much Sick Time Must I Provide To My Employees under the Ordinance?

Employers with 10 or more employees working in Newark must provide up to 40 hours of paid sick time each year to each Newark employee, including a part-time and temporary employee who works at least 80 hours in a year. Employers with fewer than 10 employees working in Newark must provide up to 24 hours of paid sick time to a Newark employee, including a part-time or temporary employee who works at least 80 hours in a year.

Persons employed as child care workers, home health care workers or food service workers can accrue up to 40 hours of paid sick time in a calendar year, regardless of how many employees the employer has in Newark.

At What Rate Does An Employee Accrue Sick Time?

Under the Ordinance, an employee accrues one hour of sick time for every 30 hours worked beginning on the first day of employment. However, an employee may not use sick time until after completing 90 days of employment. Beginning on the 91^st day of employment, an employee may use only the sick time he or she has accrued; however an employer has the discretion to allow employees to use sick time prior to accrual.

When Can My Employees Start Using Accrued Sick Time?

An employee who works in Newark and has already worked for the employer for at least 90 days begins to accrue sick time on May 29, 2014. Upon an employee’s request, an employee may use accrued sick time for one of the following events: the employee’s health care, the care of a family member who either has a health condition, requires a diagnosis or preventive care for an illness, or is jeopardizing the health of others as a result of exposure to a communicable disease, the closure of the employee’s place of business due to a public health emergency, or the care of  the employee’s child whose school or place of care is closed due to a public health emergency.

Full article: Newark Passes Paid Sick Time Ordinance

How Can I Make Sure That I Am In Compliance?

The attorneys at Genova Burns are available to assist employers in their compliance efforts, including reviewing and revising current policies providing for paid sick leave to ensure that they satisfy Newark’s requirements and employers are not committing to more paid sick time than is legally required. For more information on the new Ordinance, or for information on paid sick time laws in other jurisdictions, please contact Patrick W. McGovern, pmcgovern@genovaburns.com, or Rebecca Fink, rfink@genovaburns.com, in the firm’s Labor Group.