If your South Jersey employer agrees to pay you for sick or vacation days, you have good reason to believe that they will honor that commitment—so when they do not, you have equally good reason to feel frustrated and wronged. Many workers in New Jersey assume they have an automatic entitlement to paid vacation and sick time, but your legal rights to this compensation may depend on your employer’s policies. Let The Law Offices of Leo B. Dubler, III, LLC tell you what you need to know.
Do New Jersey Employers Have to Pay for Vacation Days?
New Jersey law does not require employers to provide vacation days; however, when an employer does offer paid vacation via either a written or verbal agreement, they must follow through. Essentially, vacation policies act as a contractual agreement. If the policy states you accrue a certain amount of vacation time per year, your employer must allow you to use or receive payment for those days. They cannot ignore their policy or deny you compensation for accrued vacation time. Before considering a lawsuit, make sure to review your employment contract or employee handbook regarding unpaid vacation days.
What Laws Govern Paid Sick Leave in New Jersey?
The New Jersey Earned Sick Leave law legislates the guidelines for paid sick leave in the state. Under this statute, most employers need to provide up to 40 hours of paid sick leave per year to full-time, part-time, and even seasonal employees. They also need to provide visible, written notice of their sick leave policy, establish a benefit year for sick leave accrual, properly distribute and advance any sick leave time the employee earns, keep five years’ worth of records, and obey all regulations regarding transferal and rehiring as they apply to sick leave.
The law also prohibits employers from retaliating against you for using sick leave: if you believe that your employer has penalized you for taking leave, consider contacting an employment attorney in your state.
Can Employers Deny Vacation Days?
Unfortunately for employees, unlike with sick leave, New Jersey law does not have a minimum mandated number of hours for vacation time. However, if your employer offers paid vacation as part of your benefits, they cannot deny those days without violating their policy and potentially opening themselves up to a lawsuit.
How Do You Address Unpaid Sick or Vacation Days?
If your employer refuses to pay for sick or vacation days in violation of a preexisting agreement, gather all relevant documents, including your employee handbook, work schedule, and pay stubs. These records provide evidence of your entitlements and your employer’s failure to meet them; take this evidence to your employer’s HR department and communicate your concerns.
If your employer continues to withhold payment or ignores your requests, we strongly recommend consulting with an experienced employment lawyer to protect your rights and review your legal options.
Protect Your Workplace Rights With a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC
A South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC can help you if your rights have been violated. If your employer denies you compensation for sick leave or vacation days that you deserve, call 856-235-7075 or fill out the online form on the website for a free consultation. We have offices in Mount Laurel and Atlantic City, New Jersey, and we serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.