Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblyman BRIAN BERGEN
District 25 (Morris and Somerset)
Assemblymen Webber and Barranco
Provides that earned sick leave law does not apply to certain workers in concrete industry.
CURRENT VERSION OF TEXT
An Act concerning earned sick leave and amending P.L.2018, c.10.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2018, c.10 (C.34:11D-1) is amended to read as follows:
1. For the purposes of this act:
"Benefit year" means the period of 12 consecutive months established by an employer in which an employee shall accrue and use earned sick leave as provided pursuant to section 2 of this act, provided that once the starting date of the benefit year is established by the employer it shall not be changed unless the employer notifies the commissioner of the change in accordance with regulations promulgated pursuant to this act. The commissioner shall impose a benefit year on any employer that the commissioner determines is changing the benefit year at times or in ways that prevent the accrual or use of earned sick leave by an employee.
"Certified Domestic Violence Specialist" means a person who has fulfilled the requirements of certification as a Domestic Violence Specialist established by the New Jersey Association of Domestic Violence Professionals.
"Child" means a biological, adopted, or foster child, stepchild or legal ward of an employee, child of a domestic partner or civil union partner of the employee.
"Civil union" means a civil union as defined in section 2 of P.L.2006, c.103 (C.37:1-29).
"Commissioner" means the Commissioner of Labor and Workforce Development.
"Department" means the Department of Labor and Workforce Development.
"Designated domestic violence agency" means a county-wide organization with a primary purpose to provide services to victims of domestic violence, and which provides services that conform to the core domestic violence services profile as defined by the Division of Child Protection and Permanency in the Department of Children and Families and is under contract with the division for the express purpose of providing the services.
"Domestic or sexual violence" means stalking, any sexually violent offense, as defined in section 3 of P.L.1998, c.71 (C.30:4-27.26), or domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) and section 1 of P.L.2003, c.41 (C.17:29B-16).
"Domestic partner" means a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3).
"Employee" means an individual engaged in service to an employer in the business of the employer for compensation. "Employee" does not include an employee performing service in the construction industry [that is under contract pursuant to a], including an employer engaged in performing service in the ready-mix concrete industry, that is represented by a union for purposes of collective bargaining [agreement], or a per diem health care employee, or a public employee who is provided with sick leave with full pay pursuant to any other law, rule, or regulation of this State.
"Employer" means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company or other entity that employs employees in the State, including a temporary help service firm. In the case of a temporary help service firm placing an employee with client firms, earned sick leave shall accrue on the basis of the total time worked on assignment with the temporary help service firm, not separately for each client firm to which the employee is assigned. "Employer" does not include a public employer that is required to provide its employees with sick leave with full pay pursuant to any other law, rule or regulation of this State.
"Family member" means a child, grandchild, sibling, spouse, domestic partner, civil union partner, parent, or grandparent of an employee, or a spouse, domestic partner, or civil union partner of a parent or grandparent of the employee, or a sibling of a spouse, domestic partner, or civil union partner of the employee, or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.
"Health care professional" means any person licensed under federal, State, or local law, or the laws of a foreign nation, to provide health care services, or any other person who has been authorized to provide health care by a licensed health care professional, including but not limited to doctors, nurses and emergency room personnel.
"Parent" means a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or of the employee's spouse, domestic partner, or civil union partner, or a person who stood in loco parentis of the employee or the employee's spouse, domestic partner, or civil union partner when the employee, spouse or partner was a minor child.
"Per diem health care employee" means any:
(1) health care professional licensed in the State of New Jersey employed by a health care facility licensed by the New Jersey Department of Health;
(2) any individual that is in the process of applying to the New Jersey Division of Consumer Affairs for a license to provide health care services who is employed by a health care facility licensed by the New Jersey Department of Health; or
(3) any first aid, rescue or ambulance squad member employed by a hospital system.
An employee listed in paragraphs (1), (2), and (3) of this definition shall be considered a per diem health care employee if that employee:
(1) works on an as-needed basis to supplement a health care employee, or to replace or substitute for a temporarily absent health care employee;
(2) works only when the employee indicates that the employee is available to work, and has no obligation to work when the employee does not indicate availability; and
(a) has the opportunity for full time or part time employment in their scope of practice under that healthcare provider which offers paid time off benefits greater in length than provided under this act under the terms of employment; or
(b) has waived earned sick leave benefits as provided under this act under terms of employment for alternative benefits or consideration.
"Per diem health care employee" shall not include any individual who is certified as a homemaker-home health aide.
"Retaliatory personnel action" means denial of any right guaranteed under this act and any threat, discharge, including a constructive discharge, suspension, demotion, unfavorable reassignment, refusal to promote, disciplinary action, sanction, reduction of work hours, reporting or threatening to report the actual or suspected immigrant status of an employee or the employee's family, or any other adverse action against an employee.
"Sibling" means a biological, foster, or adopted sibling of an employee.
"Spouse" means a husband or wife.
(cf: P.L.2018, c.10, s.1)
2. This act shall take effect immediately.
This bill clarifies that the exclusion from the earned sick leave law of certain construction workers subject to collective bargaining agreements includes any employee of an employer engaged in performing service in the ready-mix concrete industry, that is represented by a union for purposes of collective bargaining.