[Adopted 9-8-2014 by Ord. No. 21-2014]
As used in this article, the following terms shall have the meanings indicated:
AGENCY The Department of Health and Human Services.
CALENDAR YEAR A regular and consecutive twelve-month period, as determined by an employer.
CONSTRUCTION UNION A labor organization that represents, for purposes of collective bargaining, employees involved in the performance of construction, reconstruction, demolition, alteration, custom fabrication or repair work and who are enrolled or have graduated from a "registered apprenticeship program."
EMPLOYEE As defined in N.J.S.A. 34:11-56a1(h), who works in the City of East Orange for at least 80 hours in a year, except that "employee" for purposes of this article does not include:
A. Any person employed by any governmental entity or instrumentality including any New Jersey school district or board of education; or
B. Any person who is a member of a construction union and is covered by a collective bargaining agreement negotiated by that union.
EMPLOYER As defined in N.J.S.A. 34:11-56a1(g), except that "employer" does not include:
A. The United States government;
B. The state or its political subdivisions or any office, department, agency, authority, institution, association, society or any instrumentality of the state including the legislature or judiciary; or
FAMILY MEMBER A. A biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child of a civil union partner;
B. A biological, foster, stepparent or adoptive parent or legal guardian of an employee or of an employee's spouse, domestic partner or civil union partner;
C. A person to whom the employee is legally married under the laws of New Jersey or any other state or with whom the employee has entered into a civil union under N.J.S.A. Title 37;
D. A grandparent or spouse, civil union partner or domestic partner of a grandparent;
F. A domestic partner of an employee as defined in N.J.S.A. 26:8A-3 et seq.; or
HEALTH CARE PROFESSIONAL Any person licensed under federal or New Jersey law to provide medical or emergency services, including but not limited to doctors, nurses and emergency room personnel.
PAID SICK TIME Time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in §
140-5 of this article, but in no case shall the hourly wage be less than that provided under N.J.S.A. 34:11-56a.
REGISTERED APPRENTICESHIP PROGRAM An apprenticeship program that is registered with and approved by the United States Department of Labor and which meets not less than two of the following requirements:
A. Has active, employed, registered apprentices;
B. Has graduated apprentices to journey worker status during a majority of the years that the program has been in operation; or
C. Has graduated apprentices to journey worker status during three of the immediately preceding five years, provides each trainee with combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprenticeable trade and meets the program performance standards of enrollment and graduation under 29 CFR Part 29, Section 29.63.1.
RETALIATION The denial of any right guaranteed under this article and any threat, discipline, discharge, suspension, demotion, reduction of hours, or any other adverse action against an employee for the exercise of any right guaranteed herein, including for filing a complaint or informing any person about any employer's alleged violation of this Act; cooperating with the agency in its investigations of alleged violations of this Act; participating in any administrative or judicial action regarding an alleged violation of this Act; and informing any person of his or her potential rights under this Act.
Any employer who violates the provisions of this article is subject to a fine of up to $500 for each day on which a violation occurs or continues. In addition to the fines set forth above, any employer who violates this article is subject to payment of restitution in the amount of any paid sick time unlawfully withheld.
Employers shall allow the agency reasonable access to records and to monitor compliance with the requirements of this Act. An employer's failure to maintain or retain adequate records documenting hours worked by an employee and paid sick time taken by an employee creates a rebuttable presumption that the employer has violated this article, absent clear and convincing evidence otherwise.
This article provides minimum requirements pertaining to paid sick time and shall not be construed to preempt, limit or otherwise affect the applicability of any other law, regulation, requirement, policy or standard that provides for greater accrual or use by employees of sick time, whether paid or unpaid, or that extends other protections to employees.
This article will take effect 120 days following enactment except that, in the case of employees covered by a collective bargaining agreement in effect on the effective date prescribed herein, this article shall apply on the date of the termination of such agreement unless the collective bargaining agreement expressly waives the protections set forth in this article.
This article will require employers in the City of East Orange to provide a minimum number of days of paid sick leave.