Trenton Paid Sick Leave Law Stands After Court Ruling

Posted by Kyle Gatyas.

On April 16, 2015, Counsel to the City of Trenton announced that “the Trenton Paid Sick Leave ordinance would only apply to businesses located in the city itself.” (Bond). They stated that they will not apply to businesses outside the borders of Trenton. This new paid leave ordinance came in effect on March 4, 2015. One thing this law does is it excludes construction unions and other employees and covers them by collective bargaining agreements from the paid sick leave requirements (Bond). Both part-time and full-time workers have the ability to be paid on their time off by the rate of 1 hour of sick time for every 30 hours worked. “Employers with 10 or more employees have to provide up to five paid days each year, whereas businesses with less employees have to provide up to three paid days each year.” (Bond). There is an exception, only for workers in childcare, food service, and home healthcare who are automatically entitled to five days.

For employees, there is a certain requirement in order to be eligible to qualify for paid sick days. You must have a maximum of 40 hours per year regardless of the size of your employer. “However, they are not able to use more than 40 hours in one year. Usually, they are not entitled to carry over anytime if they were paid for the hours they did not use.” (Bond). Also, you are not eligible to qualify for this requirement until you have been working for at least 90 days. As the employees begin their employment, or as soon as they are practicable, the employers provide them with a written notice explaining their rights. “This ordinance also provides language to prohibit retaliation against employees exercising their rights” (Bond). Failing to do so creates an additional liability to the employees since the ordinance creates an explicit right to sue if an employee believes their right have been violated. “They could also face monetary fines and other penalties.” (Bond).

Kyle is currently undeclared at Montclair State University, Class of 2017.