Purposes of this chapter are:
A. To ensure that all workers in Bloomfield 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. To diminish public and private health care costs and promote preventative
health services in Bloomfield by enabling workers to seek early and
routine medical care for themselves and their family members;
C. To protect the public's health in Bloomfield by reducing the risk
of and spread of contagion;
D. To promote the economic security and stability of workers and their
families, as well as businesses serving Bloomfield and its residents;
E. To protect residents and all workers in Bloomfield 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. To safeguard the public welfare, health, safety and prosperity of
the people of Bloomfield;
G. To 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 Bloomfield by reducing the risk of and spread of communicable disease and contagion.
For purposes of 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. 34:11-56al(h), who works in Bloomfield
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. 34:11-56al(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 Bloomfield.
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 § 160-3 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 § 29.6.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 chapter; cooperating with the Agency in its investigations of
alleged violations of this chapter; participating in any administrative
or judicial action regarding an alleged violation of this chapter;
and informing any person of their potential rights under this chapter.
Any employer who violates the provisions of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $2,000.
Each day on which a violation of this chapter exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine. In addition to the fines 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 chapter. 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.
If any provision of this chapter or application thereof to any
person or circumstance is judged invalid, the invalidity shall not
affect other provisions or applications of this chapter that can be
given effect without the invalid provision or application, and to
this end the provisions of this chapter are declared severable.
This chapter 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
chapter shall apply on the date of the termination of such agreement
unless the collective bargaining agreement expressly waives the protections
set forth in this chapter.
This chapter will require employers in Bloomfield to provide
a minimum number of days of paid sick leave.