New Jersey earned sick leave rules for employers

“Employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of earned sick leave per year so they can care for themselves or a loved one.”

Sick leave policy template

What it means for New Jersey employers

The benefit year is an employer decision with a filing attached. NJDOL defines it as any 12 consecutive months the employer sets, either one calendar year for everyone or each employee's hire date. Changing it later requires written notice to the NJDOL Commissioner (Division of Wage and Hour Compliance, Trenton) at least 30 calendar days before the change. (NJDOL, Earned Sick Leave (My Work Rights))

Pay is quick and at the regular hourly rate, never below the state minimum wage, and it goes out in the same pay period in which the leave is used. For employees whose pay varies, who are paid by the piece, who receive tips, food or lodging, or who hold several jobs with the same employer, the rate is total earnings from the last seven days worked (overtime excluded) divided by the hours in those days. Commissioned staff get the greater of the hourly base wage or the state minimum wage. (NJDOL, Earned Sick Leave (My Work Rights))

Unlike several states, New Jersey lets an employer ask the reason for the leave. What it limits is paperwork: no documentation for one day or two consecutive days; reasonable documentation may be required for three or more consecutive workdays, and on busy dates the employer announced in advance. (NJDOL, Earned Sick Leave (My Work Rights))

Records are kept for five years: hours worked, sick time accrued or advanced, used, paid out and carried over, available to NJDOL on request. (NJDOL, Earned Sick Leave (My Work Rights))

Exceptions and special cases

• NJDOL lists the groups outside the law: unionized construction workers, per diem health care workers, public employees who already receive full-pay sick leave under another law, and independent contractors. Salaried, hourly, cash-paid and piece-rate workers are all covered, as are seasonal staff. (NJDOL, Earned Sick Leave (My Work Rights))
• Planned leave such as wellness visits or a child's school meeting can require up to seven days' advance notice, and an employer may restrict use on peak dates it has announced. For unplanned absences, notice is due as soon as possible. (NJDOL, Earned Sick Leave (My Work Rights))
• Carryover and payout: up to 40 unused hours carry into the next benefit year, but the employer only has to allow 40 hours of use per benefit year. An employer may instead pay out unused leave at the end of the benefit year. (NJDOL, Earned Sick Leave (My Work Rights))
• Transfers within New Jersey keep their balance, a rehire within six months keeps it, and a successor that takes over the business keeps the predecessor's balances. (NJDOL, Earned Sick Leave (My Work Rights))

Worked examples

NJDOL's four-week figure

An employee working 40 hours a week works 160 hours in four weeks and earns 5.33 hours of sick leave (160 divided by 30). At that pace the 40-hour yearly limit is reached after 1,200 hours worked, which is 30 weeks. (NJDOL, Earned Sick Leave (My Work Rights))

A server paid in tips

Over the last seven days worked, a server earned $610 in wages and tips and worked 28 hours. The earned sick leave rate is $610 divided by 28, about $21.79 an hour, as long as that is at least the state minimum wage. (NJDOL, Earned Sick Leave (My Work Rights))

A two-day absence

An employee is out Wednesday and Thursday. Because that is only two consecutive days, the employer cannot require a doctor's note, though it may ask the reason. A third consecutive workday would allow a request for reasonable documentation. (NJDOL, Earned Sick Leave (My Work Rights))

How to act on it

Paid sick leave: New Jersey and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

Questions about New Jersey paid sick leave rules

The verified rules behind this page (4)

• Accrual: New Jersey Earned Sick Leave: employees earn one hour of paid sick leave for every 30 hours worked (employers may instead front-load the annual amount). (NJDOL, Earned Sick Leave (My Work Rights); verified Sep 24, 2026)
• Annual cap: Employers must allow accrual and use of up to 40 hours per benefit year; up to 40 unused hours carry over, but use can be limited to 40 hours per benefit year. (NJDOL, Earned Sick Leave (My Work Rights); verified Sep 24, 2026)
• Employer coverage: Employers of all sizes must provide paid earned sick leave (full-time, part-time and temporary employees; few exemptions). (NJDOL, Earned Sick Leave (My Work Rights); verified Sep 24, 2026)
• Whether the employee is fired or quits, the employer must pay all wages due no later than the regular payday for the pay period in which the employment ended. (N.J.S.A. 34:11-4.3; verified Sep 24, 2026)

Sources (4)

• NJDOL, Earned Sick Leave (My Work Rights)
• NJDOL, MW-590 Small Business Guide to Earned Sick Leave
• N.J.S.A. 34:11-4.3
• NJ Department of Labor, Wage and Hour employer FAQs

Checked Sep 24, 2026 · How we verify every rule · Report an error

Where this goes next

StateNew Jersey employer rulebookAll 51 statesPaid sick leave laws by stateAlso in New JerseyNew Jersey final paycheck rulesStep by stepHow to hire your first employee