New Jersey Employment Lawyer Blog
New Jersey’s Earned Sick Leave Law (ESLL) is supposed to be simple: you earn paid sick time as you work, and you can use it for health needs and certain family and safety-related situations without risking your job. In the real world, some employers try to fit their existing paid time off (PTO) policies into the ESLL without meeting the law’s requirements. A recent preceden
t-setting New Jersey Appellate Division decision is a reminder that courts will look past labels and examine how a PTO policy works in practice to determine whether it complies with the law.
This case is important if you work in New Jersey and your employer tells you that “vacation time covers everything,” refuses to recognize sick leave rights, requires documentation that feels excessive, or makes it difficult to take time off for protected reasons.
Paid Sick Leave Versus a “Vacation Policy”
William Cano and Raymond Bonelli sued their employer, County Concrete, claiming the company violated the ESLL. Among other things, they argued that the company’s “vacation” policy did not satisfy the requirements of the ESLL.
