The purpose of this chapter is to:
A. Ensure that all workers in the City of Paterson can address their
own health needs and the health needs of their family members by requiring
employers to provide a minimum level of paid sick time, including
time for care for family members;
B. Diminish public and private health care costs and promote preventative
health services in the City of Paterson by enabling workers to seek
early and routine medical care for themselves and their family members;
C. Protect the public's health in Paterson by reducing the risk
of and spread of contagion;
D. Promote the economic security and stability of workers and their
families, as well as businesses serving the City of Paterson and its
residents;
E. Protect residents and all workers in the City of Paterson from losing
their jobs or facing workplace discipline as a result of illness and
the use of sick time to care for themselves or their family members;
F. Safeguard the public welfare, health, safety and prosperity of the
people of the City of Paterson;
G. Accomplish the purposes described in Subsections
A through
F in a manner that is fair and reasonable to both employees and employers and rationally related to the objective sought, which is to promote the overall health and safety of the residents and workers in the City of Paterson by reducing the risk of and spread of communicable disease and contagion.
As used in this chapter, 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 Paterson for at least 80 hours in a year except that "employee,"
for purposes of this chapter, does not include any person employed
by any governmental entity or instrumentality, including any New Jersey
school district or board of education or 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 the United States government; 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 the City of Paterson.
FAMILY MEMBER
A.
A biological, adopted or foster child, stepchild or legal ward,
a child of a domestic partner, a child of a civil union partner, or
a child to whom the employee stands in loco parentis;
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 or a person who stood in loco parentis
when the employee was a minor child;
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 §
412-4 of this chapter, 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 29.63.1.
RETALIATION
The denial of any right guaranteed under this chapter 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 chapter shall
be subject to a fine not to exceed $2,000 or the maximum permitted
by N.J.S.A. 40:49-5, or any successor law, or imprisonment for a period
not to exceed 90 days, or both. In addition to the penalties set forth
above, any employer who violates this chapter 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 chapter, absent clear
and convincing evidence otherwise.
This chapter 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.