In the trend towards mandatory employer-provided paid sick leave, on September 25, 2013 Jersey City became the first city in the state of New Jersey – and the sixth city nationwide – to require paid sick time to employees of private businesses. Ordinance Number 13-097, requires that all Jersey City businesses provide paid sick leave to employees with 10 or more employees. Businesses with less than ten employees must provide unpaid sick leave.

Under the Ordinance, employees accumulate sick leave based on hours worked, up to a total of 40 hours. Although employees begin to accrue time on their first day of work, employees are not eligible to use the time until after their 90^th day of employment. Eligible employees must be permitted to use the time to care for themselves, a child, or a family member. The employer cannot require the employee to find a replacement employee for his or her shift and the employer cannot take any adverse employment action because of the employee’s use of sick time. The ordinance also imposes notice, posting, and record-keeping obligations on the employer.

The ordinance becomes effective in January 2014 for employees who do not work under a collective bargaining agreement. For employees who do work under a collective bargaining agreement, the ordinance becomes effective at the expiration of the current agreement. Jersey City employers need to modify their existing policies and procedures to comply with the Ordinance. Please contact us if you need assistance with this process or if you have additional questions about the requirements.