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As we previously reported, Newark, NJ has passed a sick leave ordinance. As a service to clients we are providing a model policy for employers that wish to include the Newark Paid Sick Time Policy in an employee handbook.
Employers must notify employees of their rights and obligations under the Ordinance in two ways: (1) by providing individual written notice to each employee and (2) posting notice of such rights in a conspicuous location around the workplace.
Posting Requirement
The City of Newark Department of Child and Family Well-Being recently prepared a Frequently Asked Questions (FAQ) document and seems to suggest in its announcement that posting this FAQ document in a conspicuous place will satisfy the employer’s posting requirement under the ordinance. Employers should post the FAQs/ notice for employees immediately.
Employers should however keep in mind that the ordinance requires the poster and written notice (discussed below) to employees inform them of the “right to be free from retaliation for properly requesting use of Paid Sick Time” and that employees “may bring an action in municipal court if … the employee is retaliated against for requesting or taking paid sick time.” The “Frequently Asked Questions” poster does not fully include this information. Therefore, employers may consider supplementing the poster / FAQs with language concerning these employee rights. The following statement should suffice and could simply be added to the FAQ / poster document:
“Employees have a right to be free from retaliation for properly requesting use of paid sick time and the right to file a complaint or bring an action in municipal court if paid sick time is denied by the employer or the employee is retaliated against for requesting or taking paid sick time.”
Written Notice Requirement
In terms of the written notice requirement, the Department has not issued a model notice, and recommends that employers prepare a written notice that incorporates the key terms of the Ordinance and adopt the key provisions of the ordinance into their employee handbooks. The language of the ordinance, however, suggests that distributing the “Frequently Asked Questions” poster to employees would satisfy the ordinance’s requirements.
In addition, the model handbook policy we have prepared for clients should satisfy the written notice requirement. We recommend that clients distribute and that employees acknowledge receipt of the new policy in writing. The acknowledgement should be maintained in the employee’s personnel file.
The new policy may be accessed on FormSource under the New Hire section.
Feel free to contact your Human Resource Business Partner or the Human Resources Solutions Group at 866-400-6011 Option 2 if you have any questions.
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