This Ordinance, which was passed in September 2016, requires employers in Morristown, New Jersey to provide a certain amount of paid sick time per year depending on the size of the employer. Generally, employees who work more than 80 hours a year in Morristown will be covered under this Ordinance. The Morristown Ordinance is the 13th local paid sick leave ordinance enacted within New Jersey, following similar ordinances in the towns and cities of Bloomfield, East Orange, Elizabeth, Irvington, Jersey City, Montclair, Newark, New Brunswick, Passaic, Paterson, Plainfield, and Trenton.
The below chart provides the amount of paid sick time that employers are required to provide under this Ordinance:
|Total No. of Employees||Amount of Time||Maximum|
|10 or more employees||1 hour of paid sick time for every 30 hours worked||40 hours a year|
|Fewer than 10 employees||1 hour of paid sick time for every 30 hours worked||24 hours a year|
|Exception: Regardless of the number of people employed by the employer, if the employee is a child care worker, home health care worker, or food service worker||1 hour of paid sick time for every 30 hours worked||40 hours a year|
The Ordinance also specifies when, how, and for what purpose an employee may use any such paid sick time. For example, an employee may use this time for his or her own mental or physical illness, injury, health condition, need for medical diagnosis care or treatment of a mental or physical illness, or an employee’s need for preventative care. This time can also be used to provide care for a family member with a mental or physical illness. Family members include an employee’s child (biological, foster, step, adopted, or legal guardianship), grandchild, spouse, domestic partner, civil union partner, parent, grandparent, and sibling.
Finally, the Ordinance also contains certain notice, recordkeeping, and anti-retaliation provisions. All employers are required to give a written notice to each new employee regarding their rights under the Ordinance. Such notice must describe the employees’ rights under the paid sick time ordinance, and the notice must be provided in English and in the primary language of at least 10% of the employer’s workforce. The Ordinance also requires employers to display the notice in a conspicuous and accessible place at the workplace. The Town of Morristown released a sample Notice that includes these above requirements, which can be found here.
To provide additional information on this Ordinance, and to assist employers and employees understand their rights and obligations, the Town of Morristown has also released an FAQ page, which can be found here.
It is crucial for employers to understand that this Ordinance applies to any employee who works 80 or more hours in the Town of Morristown, regardless of where your business is registered or located. Therefore, employers will need to put in place a recordkeeping system that accurately tracks accruals and usage of paid sick leave time for employees that are covered under this Ordinance. Additionally, employers should ensure compliance with the notice and posting requirements as outlined above.
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