Can employer give me PTO and Sick leave in the same allotted hours?
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Can employer give me PTO and Sick leave in the same allotted hours?
New NJ law mandates that every employer give employees mandatory accrued sick
time. It is supposed to accrue at 1 hour for every 30 hours worked. Up to 40
hours per year Jan – Dec Any hours not used by 12/31 will roll into next year
and cannot be cashed out.
My question to this is, As an employer, can I allow my employees to use this
accrued time however they want vacation, sick, personal day while still being
in compliance with the law as long everything else is the same?
Additionally, If someone takes say 40 hours of vacation time and now has non
left, but then becomes sick – are we out of compliance for not allowing them to
be paid for the sick day off?
Asked on August 27, 2019 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can be more flexible or generous than the law requires. The law requires up to 40 hours per year (5 days) which can only be used for illness, injury, doctor's appointments, etc. So long as you provide at least that many hours, you can allow employees to use the time for vacation or other purposes as well as sick days--so long as using them sick leave, without having to schedule them previously or get them pre-approved, is one of the ways they can be used. If the days are adequate in number and could be used as sick leave if the employee wants, you have met the law's requirements.
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