The national sick leave trend continues to gain momentum as voters in Massachusetts, Trenton and Montclair, New Jersey, and Oakland, California approved ballot initiatives requiring employers within each jurisdiction to provide sick leave to their employees.  Similar laws already have taken effect in several jurisdictions across the country, including the States of Connecticut and California, and localities such as New York City, Jersey City, Newark, D.C., Seattle, San Diego, San Francisco, and Portland and Eugene, Oregon.

Massachusetts employers with 11 or more employees must provide up to forty hours of paid sick leave per year. Employers with fewer than 11 employees must provide up to 40 hours of unpaid sick leave.

Oakland, California voters approved a local ordinance providing more generous sick leave benefits than California’s state-wide sick leave law. Oakland employers with 10 or more employees must provide up to 72 hours of paid sick leave per year. Employers with fewer than 10 employees must provide up to 40 hours of paid sick leave. The full text of the Oakland ballot question is available at http://www.acgov.org/rov/elections/20141104/documents/MeasureFF-V3.pdf.

In New Jersey, Trenton and Montclair employers with 10 or more employees must provide up to 40 hours of paid sick leave per year.  Employers with fewer than 10 employees must provide up to 24 hours of paid sick leave, subject to certain exceptions. The New Jersey legislature also is considering a sick leave bill that, if passed in its current form, would not preempt the growing patchwork of local laws passed in the state.

Employers in these jurisdictions should familiarize themselves with the law in their respective locations, as each law contains its own intricacies, and prepare for compliance with the requirements therein

Photo of Allison Martin Allison Martin

Allison Martin is a senior counsel in the Labor & Employment Law Department. Allison represents employers in a wide range of employment litigation matters, including employment discrimination and harassment lawsuits arising under Title VII and similar state and local statutes, retaliation claims, and…

Allison Martin is a senior counsel in the Labor & Employment Law Department. Allison represents employers in a wide range of employment litigation matters, including employment discrimination and harassment lawsuits arising under Title VII and similar state and local statutes, retaliation claims, and wage-and-hour claims. She represents employers in federal and state courts, arbitration tribunals, and before the EEOC and the New York City Commission on Human Rights. Allison has extensive experience litigating both single plaintiff and class action lawsuits.

Allison also counsels clients on a broad range of employment law matters, including investigations, employment policies and procedures, and employee terminations and discipline. She also has experience conducting high-profile internal investigations on behalf of employers.

Allison previously served as a federal law clerk in the U.S. District Court for the Southern District of New York.

At Seton Hall University School of Law, Allison was an Articles Editor for the Seton Hall Law Review. Allison also  interned for Chief Judge Garrett E. Brown (Ret.) of the U.S. District Court for the District of New Jersey while in law school.