Permits employee to use earned sick leave in connection with immigration-related proceeding.

A4481

ASSEMBLY, No. 4481

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

Assemblyman� KENYATTA STEWART

District 35 (Bergen and Passaic)

Assemblywoman� SHAMA A. HAIDER

District 37 (Bergen)

SYNOPSIS

���� Permits employee to use earned sick leave in
connection with immigration-related proceeding.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning earned sick leave and amending P.L.2018,
c.10.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 3 of P.L.2018,
c.10 (C.34:11D-3) is amended to read as follows:

���� 3. a. An employer shall permit
an employee to use the earned sick leave accrued pursuant to this act for any
of the following:

���� (1)� time needed for
diagnosis, care, or treatment of, or recovery from, an employee's mental or
physical illness, injury or other adverse health condition, or for preventive
medical care for the employee;

���� (2)� time needed for the
employee to aid or care for a family member of the employee during diagnosis,
care, or treatment of, or recovery from, the family member's mental or physical
illness, injury or other adverse health condition, or during preventive medical
care for the family member;

���� (3)� absence necessary due to
circumstances resulting from the employee, or a family member of the employee,
being a victim of domestic or sexual violence, if the leave is to allow the
employee to obtain for the employee or the family member: medical attention
needed to recover from physical or psychological injury or disability caused by
domestic or sexual violence; services from a designated domestic violence
agency or other victim services organization; psychological or other
counseling; relocation; or legal services, including obtaining a restraining
order or preparing for, or participating in, any civil or criminal legal
proceeding related to the domestic or sexual violence;

���� (4)� time during which the
employee is not able to work because of:

���� (a)�� a closure of the
employee's workplace, or the school or place of care of a child of the employee
by order of a public official or because of a state of emergency declared by
the Governor, due to an epidemic or other public health emergency;

���� (b)� the declaration of a
state of emergency by the Governor, or the issuance by a� health care provider
or the Commissioner of Health or other public health authority of a
determination that the presence in the community of the employee, or a member
of the employee's family in need of care by the employee, would jeopardize the
health of others;

���� (c)�� during a state of
emergency declared by the Governor, or upon the recommendation, direction, or
order of a healthcare provider or the Commissioner of Health or other
authorized public official, the employee undergoes isolation or quarantine, or
cares for a family member in quarantine, as a result of suspected exposure to a
communicable disease and a finding by the provider or authority that the
presence in the community of the employee or family member would jeopardize the
health of others;
[
or
]

���� (5)� time needed by the
employee in connection with a child of the employee to attend a school-related
conference, meeting, function or other event requested or required by a school
administrator, teacher, or other professional staff member responsible for the
child's education, or to attend a meeting regarding care provided to the child
in connection with the child's health conditions or disability
; or

����
(6)� time needed by the
employee in connection with an immigration-related proceeding, including, but
not limited to, preparing for, participating in, or attending a court hearing
or consulting with legal counsel.

���� b.��� If an employee's need to
use earned sick leave is foreseeable, an employer may require advance notice,
not to exceed seven calendar days prior to the date the leave is to begin, of
the intention to use the leave and its expected duration, and shall make a
reasonable effort to schedule the use of earned sick leave in a manner that
does not unduly disrupt the operations of the employer. If the reason for the
leave is not foreseeable, an employer may require an employee to give notice of
the intention as soon as practicable, if the employer has notified the employee
of this requirement.� Employers may prohibit employees from using foreseeable
earned sick leave on certain dates, and require reasonable documentation if
sick leave that is not foreseeable is used during those dates.� For earned sick
leave of three or more consecutive days, an employer may require reasonable
documentation that the leave is being taken for the purpose permitted under
subsection a. of this section. If the leave is permitted under paragraph (1) or
(2) of subsection a. of this section, documentation signed by a health care
professional who is treating the employee or the family member of the employee
indicating the need for the leave and, if possible, number of days of leave,
shall be considered reasonable documentation.� If the leave is permitted under
paragraph (3) of subsection a. of this section because of domestic or sexual
violence, any of the following shall be considered reasonable documentation of
the domestic or sexual violence: medical documentation; a law enforcement
agency record or report; a court order; documentation that the perpetrator of
the domestic or sexual violence has been convicted of a domestic or sexual
violence offense; certification from a certified Domestic Violence Specialist
or a representative of a designated domestic violence agency or other victim
services organization; or other documentation or certification provided by a
social worker, counselor, member of the clergy, shelter worker, health care
professional, attorney, or other professional who has assisted the employee or
family member in dealing with the domestic or sexual violence.� If the leave is
permitted under paragraph (4) of subsection a. of this section, a copy of the
order of the public official or the determination by the health authority shall
be considered reasonable documentation.

���� c.��� Nothing in this act
shall be deemed to require an employer to provide earned sick leave for an
employee's leave for purposes other than those identified in this section, or
prohibit the employer from taking disciplinary action against an employee who
uses earned sick leave for purposes other than those identified in this
section. An employer may provide an offer to an employee for a payment of
unused earned sick leave in the final month of the employer's benefit year.�
The employee shall choose, no later than 10 calendar days from the date of the
employer's offer, whether to accept a payment or decline a payment.� If the
employee agrees to receive a payment, the employee shall choose a payment for
the full amount of unused earned sick leave or for 50 percent of the amount of
unused earned sick leave. The payment amount shall be based on the same rate of
pay that the employee earns at the time of the payment.� If the employee
declines a payment for unused earned sick leave, or agrees to a payment for 50
percent of the amount of unused sick leave, the employee shall be entitled to
carry forward any unused or unpaid earned sick leave to the proceeding benefit
year as provided pursuant to subsection a. of section 2 of this act.� If the
employee agrees to a payment for the full amount of unused earned sick leave,
the employee shall not be entitled to carry forward any earned sick leave to
the proceeding benefit year pursuant to subsection a. of section 2 of this act.

���� d.��� If an employer foregoes
the accrual process for earned sick leave hours pursuant to subsection a. of
section 2 of this act and provides an employee with the full complement of
earned sick leave for a benefit year on the first day of each benefit year, then
the employer shall either provide to the employee a payment for the full amount
of unused earned sick leave in the final month of the employer's benefit year
or carry forward any unused sick leave to the next benefit year.� The employer
may pay the employee the full amount of unused earned sick leave in the final
month of a benefit year pursuant to this subsection only if the employer
forgoes, with respect to that employee, the accrual process for earned sick
leave during the next benefit year.� Unless an employer policy or collective
bargaining agreement provides for the payment of accrued earned sick leave upon
termination, resignation, retirement or other separation from employment, an
employee shall not be entitled under this section to payment of unused earned
sick leave upon the separation from employment.

���� e.��� Any information an
employer possesses regarding the health of an employee or any family member of
the employee or domestic or sexual violence affecting an employee or employee's
family

member shall be treated as
confidential and not disclosed except to the affected employee or with the
written permission of the affected employee.

(cf: P.L.2020, c.17, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill modifies the State�s
earned sick leave law to provide that an employer is required to permit an
employee to use accrued earned sick leave for time during which the employee is
not able to work because of time needed by the employee in connection with an
immigration-related proceeding, including, but not limited to, preparing for,
participating in, or attending a court hearing or consulting with legal counsel.