CLIENT ALERT

Sick Leave Legislative Expansion / Amendments to N.J.S.A. 18A:30-1 and N.J.S.A.18A:30-4

On July 3, 2023, Governor Phil Murphy signed into law P.L. 2023, c. 95 – which provided significant amendments to sick leave laws impacting school employees; N.J.S.A. 18A:30-1 and N.J.S.A. 18A:30-4.

In short, these amendments expand the scope of allowable uses of sick leave for school district employees and alter the requirements for physician’s certifications and documentation requests in connection with those leaves.

Prior to the expansion, district employees could only use sick leave for personal disability due to illness or injury, or because they have been excluded from school by the school district’s medical authorities on account of a contagious disease or were being quarantined for such a disease in the employee’s immediate household.

The new amendments permit school district employees to use sick leave for the following reasons:

1) for the care of a seriously ill member of the employee’s immediate family including, but not limited to, parent or guardian, spouse or domestic partner, sibling, and child, for a reasonable period of time;

2) for the diagnosis, care, or treatment of, or recovery from, a mental or physical illness, injury, or other adverse health condition, or for preventative medical care; to aid or care for a family member of the employee during diagnosis, care, or treatment of the family member’s mental health, physical illness, injury, or other adverse health condition;

3) due to circumstances relating to domestic or sexual violence;

4) for seven days because of a death in the employee’s immediate family;

5) to attend a school-related conference, meeting, function, or other event for a child; or

6) in connection with a closure of the school or place of care of a child of the employee.

The new law provides that its provisions do not supersede any collective bargaining rights for school district employees, and shall not reduce, diminish, or adversely affect an employee’s collective bargaining rights.

Additionally, prior to the amendment/expansion, Boards were permitted to require a physician’s certificate to be filed with the secretary of the Board of Education in order to obtain sick leave.

Following the amendment/expansion, Boards are permitted to require a physician’s certificate to be filed with the secretary of the Board of Education in order to obtain sick leave only when sick leave is used for personal injury or illness.

Finally, the new law provides various conditions for when a Board of Education may request advance notice and/or reasonable documentation for use of sick leave, discussed in detail below.

As to notice requirements, the district can request advanced notice as follows:

1) For Foreseeable Leave: The District 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. Further the employee shall make a reasonable effort to schedule the use of sick leave in a manner that does not unduly disrupt the operations of the District.

2) For Unforeseeable Leave: The District may require an employee to give notice of the intention as soon as practicable, if the District has notified the employee of this requirement.

Additionally, Districts may prohibit employees from using foreseeable sick leave on certain dates, and require reasonable documentation if sick leave that is not foreseeable is used during those dates.

As to documentation requests, the new law permits Districts to request documentation for sick leave utilization as follows:

1)  For Personal Injury/Illness: Supporting documentation can only be requested after three consecutive days of absence. Previously documentation could be requested after the first day of sick leave.

2) For Family Member Medical Care/Treatment: 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.

3) For Domestic/Sexual Violence: 1) Medical documentation; 2) a law enforcement agency record or report; 3) a Court order; 4) documentation that the perpetrator of the domestic or sexual violence has been convicted of a domestic or sexual violence offense; 5) certification from a certified Domestic Violence Specialist or a representative of a designated domestic violence agency or other 30 victim services organization; and/or 6) 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.

4) For Closure of School / Child Care Facility: A copy of the order of the public official or the determination by the health authority.

Collective Negotiations Agreement Impacts

Because of the new law’s expansion on the use of sick leave, Boards of Education may attempt to negotiate the removal and/or reduction of bereavement leave and/or family illness days provisions in their Collective Bargaining Agreement. We anticipate that the teachers’ and principals’ unions will resist the removal and/or reduction of these provisions in order to preserve their members’ sick leave accrual.

The information provided in this Client Alert is subject to revision and modification based on additional or updated guidance from the State. Please contact our office for guidance specific to your District(s)/agreement(s) and/or for additional assistance.