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COUNCIL PRESIDENT Rolando Lavarro speaks at a rally in front of City Hall in support of the ordinance.

(JOURNAL FILE PHOTO)

In late January, Jersey City is set to become the first city in the state, and the sixth nationwide, to require that most private businesses provide paid sick leave to their employees.

The measure was applauded by unions and criticized by business groups, but both sides seemed unclear about the expansive plan’s reach.

Here’s a primer:

Who is eligible?

Full-time, part-time and seasonal workers in companies that employ 10 or more employees. Not freelancers or independent contractors.

How much paid sick time am I eligible for?

One hour of paid sick leave for each 30 hours worked, with a maximum of 40 hours annually, or five days.

What if I work for a company that employs nine or fewer workers?

You are eligible for one hour of unpaid sick leave per 30 hours worked, with a maximum of 40 hours annually.

Am I eligible as soon as I start working?

No. You begin accruing sick leave when you start working, but your employer isn’t obligated to give it to you until your 90th day on the job.

Can I carry over my unused sick leave?

Yes, but your employer isn’t forced to give you more than five days annually. City officials included this requirement so that you don’t go back to zero sick days every Jan. 1.

Can I receive payment for any unused sick leave if I quit?

No. Employers are not required to reimburse employees for unused time.

I was working for a company's Downtown location, and I was transferred to the same company's Greenville store. Do I lose my accrued sick time?

No. If you remain employed by the same company, you retain your accrued sick time.

I quit my job and was the rehired by the same company. Do I lose my accrued sick time then?

No, if you were rehired within six months of quitting. If it’s longer than six months, you lose your accrued sick time.

My company was just bought out by another firm. Do I lose my accrued sick time?

No. If one company purchases another, employees of the original company retain their accrued sick time.

I just started a new job but I have to take a sick day. Can I?

Possibly. An employer is allowed, but not required, to “loan” new employees sick days they haven’t accrued yet.

Can I only use my sick time if I am sick?

No. You can use it if a family member is ill.

Do I have to write a letter requesting sick time?

No. You only have to request it verbally.

Do I have to provide a doctor's note?

No. If you take more than three consecutive days, your employer may ask you for a note, but you are not forced to provide one.

If I have to take a sick day, do I have to call fellow employees to get one to cover my shift?

No. Your employer is not allowed to force you to find a replacement.

If I am entitled to five paid sick days in one year and take all five, can I get in trouble with my boss?

No. The law forbids employers from retaliating against employees who take sick time.

What do I do if I believe my employer isn't granting me sick time I am entitled to?

You have two options. You can phone the city Department of Health and Human Services, (201) 547-6800, which may be able to help. Or you can file a complaint with the Jersey City Municipal Court.

When does the new law kick in?

Unless there’s a lawsuit that halts implementation, the law goes into effect on Jan. 24.

Do I have to retain records documenting the number of hours my employees work and how much paid sick time they've taken?

Yes, for three years.

Is the city permitted to have access to these records?

Yes.

If I don't retain these records, what will happen?

If you don’t have the records, it will “create a rebuttable presumption” that you have violated the law, according to the city.

Do I have to inform employees about the city's sick time law?

Yes. You will be required to give each employee written notice regarding their rights under the new law.

Do I have to display anything in my business about the law?

Yes. You must display a poster in a “conspicuous and accessible” place in each business.

If most of my workforce speaks Spanish, do I have to provide Spanish-language notices and posters?

Yes. You must provide a translation of the notices and posters in any language that is the first language of at least 10 percent of the workforce (provided the city has a translation available in that language).

Do I have to pay for the notices and posters?

No. The city will provide those upon request. City spokeswoman Jennifer Morrill said the city will reach out to businesses in upcoming months regarding who they can obtain the notices and posters from.

If I don't provide notice, will I be fined?

Yes. Not providing notice of the new law can result in a fine up to $100 for each employee who was not given notice and $500 for each establishment where a poster was not displayed.

If an employee asks to use sick time to care for an ailing family member, can I force the employee to tell me about the family member's condition?

No.

If I own one restaurant with eight workers and another with seven, both in Jersey City, am I exempt?

No. Because you own restaurants with a total of 10-plus workers, you must provide paid sick leave to all of them.

If I already provide six days of paid sick time to my employees, do I have to lower it to five now?

No. Nothing about the law forbids you from providing more generous benefits.

I already provide five days of paid "personal time" to my employees. Do I have to now give them an additional five days of paid sick leave?

No. If the personal time meets the same accrual requirements of the new law and can be used for the same purposes and under the same conditions as paid sick time, then you do not have to provide additional paid sick time.

When does the new law kick in?

Unless there’s a lawsuit that halts implementation, the law goes into effect on Jan. 24.

An earlier version of this story misstated how many hours an employee has to work to get one hour of sick time.