Can My Employer Deny Me Paid Leave?

Understanding your rights as an employee is crucial, especially when it comes to paid leave. In New Jersey, you are entitled to paid sick leave. However, some employers may attempt to deny this right. Your best defense is to know your rights.

The New Jersey Paid Sick Leave Law mandates sick leave for workers in New Jersey. Under this law, most employees have the right to accrue and use up to 40 hours of paid sick leave per year.

There are a few exceptions to this rule. The law applies to full-time, part-time, and temporary workers. It does not matter how many employees a business has; if an employee works in New Jersey, they are covered. However, per diem healthcare employees, construction workers under contract, and public employees already provided with sick leave at full pay are excluded.

Employee Entitlements Under the Law

Under this law, employees accrue one hour of paid sick leave for every 30 hours worked, up to 40 hours per year. Employees can use this leave for their own health needs or the care of a family member. This includes preventative medical care, attending a school-related conference or meeting, or dealing with issues related to domestic or sexual violence.

Employers violate the law when they deny paid sick leave, retaliate against employees for using it, or fail to pay employees during their leave. For example, if an employer disciplines employees for using their accrued sick leave, it would violate the law. Similarly, if an employer refuses to pay an employee for their time off despite the employee having sufficient accrued leave, this would also constitute a violation.

What Should I Do if I am Denied Sick Leave?

If you are in an unfortunate situation where your employer has denied you sick leave, take a deep breath. You are not alone. You can follow precise steps to assert your rights and seek resolution. Here is what you need to do:

• Document everything: Start by documenting the denial. Save emails, letters, or any form of communication where your employer denied your request for sick leave. If the denial was verbal, note the conversation including the date, time, and any witnesses.
• Report the violation: Report the denial to your HR department. Provide them with documented evidence. This will initiate an internal investigation.
• File a complaint: If necessary, file a complaint with the New Jersey Department of Labor and Workforce Development. This government body is responsible for enforcing the state’s labor laws.

Our South Jersey Employment Attorneys at Sidney L. Gold & Associates, P.C. Can Help You Understand Your Sick Leave Rights

The New Jersey Paid Sick Leave Law protects your right to paid sick leave. If you believe your rights under this law have been violated, it is essential to take action. Speak with our South Jersey employment attorneys at Sidney L. Gold & Associates, P.C. Call us at 215-569-1999 or contact us online to schedule a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we proudly serve clients in South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.