All polices that cover leave [vacation, sick time, Family and Medical Leave Act (FMLA), maternity leave, short-term and long-term disability] need to be developed together so that it is clear which time is used first, when absences are paid. Currently, there are no legal requirements for paid sick leave. The FMLA does require unpaid sick leave for companies subject to this law (generally, companies with 50 or more employees).
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Jersey Sick Day Provisions for Personnel or Employee Manual or Handbook In New Jersey, employers are required to provide sick leave benefits to their employees as outlined in the New Jersey Sick Leave Act. This act ensures that employees have the necessary time off to recover from illnesses, seek medical care, or attend to the health needs of their family members. There are two types of sick day provisions that employers need to include in their personnel or employee manual or handbook: 1. Accrued Sick Leave: Under the New Jersey Sick Leave Act, employees are entitled to earn and accrue sick leave at a rate of 1 hour for every 30 hours worked, up to a maximum of 40 hours per year. Employers can choose to provide more generous sick leave benefits if they wish. Accrued sick leave must be carried over from year to year, but employers can cap the total amount of sick leave an employee can accumulate. 2. Immediate Use of Sick Leave: Employees are also entitled to use their accrued sick leave as soon as it is earned. This means that they don't have to wait for a specific waiting period before using their sick leave benefits. However, employers can require employees to provide reasonable notice when using sick leave, especially for planned medical appointments or treatments. When drafting the sick day provisions for a personnel or employee manual or handbook, it is essential to include the following information: — Eligibility: Clearly state which employees are eligible for sick leave benefits, including full-time, part-time, temporary, and seasonal employees. Also, outline any waiting period that employees must complete before accessing their sick leave benefits. — Accrual Method: Specify the method used to calculate sick leave accrual, usually based on hours worked. For example, employees earn 1 hour of sick leave for every 30 hours worked. — Maximum Accrual and Carryover: Mention the maximum number of sick leave hours an employee can accrue and carry over from year to year, if any. — Permissible Uses: Detail the permitted reasons for using sick leave, which generally include an employee's own illness, medical appointments, caring for family members, and dealing with domestic violence situations. — Documentation Requirements: Describe any documentation or verification process employees must follow when using sick leave, such as doctor's notes or medical certificates. However, it is crucial to keep in mind that New Jersey law prohibits employers from requiring employees to provide excessive documentation for single-day absences. — Requesting Sick Leave: Explain the process for requesting sick leave, including whom to notify, how much notice is required, and any specific forms or procedures that employees need to follow. — Anti-Retaliation Policy: Emphasize that employees should not face any adverse actions or retaliation for exercising their sick leave benefits as provided by law. It is important to inform employees of their rights and provide channels for reporting any instances of retaliation. By including these comprehensive sick day provisions in the personnel or employee manual or handbook, employers can ensure compliance with New Jersey state law and promote a healthy work environment that recognizes and supports the well-being of its workforce.
