New Jersey § 34:11d-1

§ 34:11d-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, 1 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 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 (3) either: (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. 1

N.J.S.A. § 34:11D-2.