by Michael H. Dell
Morristown has joined the list of New Jersey cities that require employers to provide paid sick time to employees. Employers in Morristown have until January 11 to come into compliance with the city’s paid sick time ordinance, which was passed in September.
Under the ordinance, employers with 10 or more employees in Morristown must provide up to 40 hours of paid sick time, while employers with nine or fewer employees in the city must provide up to 25 hours of paid sick time. In determining the number of employees it has, an employer must count full-time, part-time, and temporary employees.
Employers of childcare workers, home healthcare workers, and food-service workers must provide up to 40 hours of paid sick time regardless of the number of employees they have.
Employees will accrue a minimum of one hour of paid sick time for every 30 hours they actually work. Employees will begin to accrue paid sick time on the first day of employment and may start using accrued time on the 90th calendar day of employment. Accrued but unused paid sick time may be carried over to the following year. However, employers are not required to carry over more than 40 hours of unused sick time or allow employees to use more than 40 hours of paid sick time in a single year.
Employees may use paid sick time for their own or a family member’s mental or physical illness, injury, or health condition; for the diagnosis or care of such a condition; or for preventive care.
The law allows employers to request that following the use of paid sick time, an employee confirm in writing that the time was used for an authorized purpose under the ordinance. Also, when the need for leave is foreseeable, an employer may require reasonable notice.
For more information on the Morristown paid sick time ordinance, see the November issue of New Jersey Employment Law Letter.
Michael H. Dell is an attorney with Day Pitney LLP in Parsippany, New Jersey. He can be reached at mdell@daypitney.com.