New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 69 - EARNED SICK LEAVE RULES
Subchapter 3 - BENEFIT YEAR; EARNED SICK LEAVE ACCRUAL, USE AND PAYMENT
Section 12:69-3.4 - Earned sick leave; advancing

Universal Citation: NJ Admin Code 12:69-3.4

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Rather than use the accrual method under N.J.A.C. 12:69-3.3, an employer may, on the first day of the benefit year, provide the employee with no less than 40 hours of earned sick leave for use throughout the benefit year.

(b) Where an employee has been transferred to a separate division, entity, or location, but remains employed in New Jersey by the same employer, the employee shall retain all earned sick leave advanced while working with the prior division, entity, or location.

(c) Where an employee is terminated, laid off, furloughed, or otherwise separated from employment with the employer and where the employee is reinstated or rehired in New Jersey within six months of the separation, any unused earned sick leave advanced by the employee prior to the separation shall be returned to the employee upon rehire or reinstatement.

(d) Where a successor employer takes the place of an existing employer, all employees of the predecessor employer shall retain all earned sick leave advanced while working for the predecessor employer.

1. There shall be a rebuttable presumption of successorship if the two parties (the predecessor firm and the successor firm) share two or more of the capacities or characteristics listed at N.J.A.C. 12:69-3.3(h)1.

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