Can employer give me PTO and Sick leave in the same allotted hours?

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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