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ToggleIn 2025, understanding New Jersey Leave Laws and holiday regulations is essential for both employers and employees. New Jersey Leave Laws govern everything from paid time off (PTO), sick leave, and family leave to the official holidays observed in the state. Whether you are an employer seeking to comply with state and federal regulations or an employee wanting to know your rights and benefits, it’s important to stay informed. Using a reliable PTO tracker like Day Off can help both employers and employees stay on top of leave management. This guide will provide a comprehensive overview of New Jersey Leave Laws, including paid time off policies, holiday schedules, and the protections offered to workers throughout the year.
Paid Time Off (PTO) in New Jersey
Leave Quota
While New Jersey leave laws does not mandate a statewide standard for vacation or PTO leave quotas, many employers follow common practices based on industry standards, tenure, or job level. Employers typically set a certain number of PTO days that employees are entitled to each year.
For instance, it’s common for employers to offer:
- 10 to 15 days of PTO per year for entry-level employees.
- 15 to 20 days for mid-level employees after 3 to 5 years of service.
- 20+ days for senior employees or executives after 10+ years of service.
PTO might include a combination of vacation days, personal days, and sick days, or these categories might be separated depending on company policy. Employers must clearly define how much PTO employees receive, when they are eligible to start using it, and how it is earned.
Accrual
PTO is often accrued, meaning employees earn leave time incrementally throughout the year rather than receiving the full allotment upfront. In New Jersey, most companies offer accrual systems that align with regular pay periods or hours worked. A common accrual system may look like this:
- Employees accrue 1 hour of PTO for every 30 hours worked.
- Alternatively, PTO could accrue monthly or per pay period, such as 1 day per month, resulting in 12 days of PTO by year-end.
Some employers may offer front-loaded PTO, where employees receive their full annual allotment at the start of the year. This method provides immediate access to leave but often requires employees to repay used PTO if they leave the company mid-year and have used more than they’ve earned.
Rollover
Rollover policies govern whether unused PTO can be carried over to the next year, and they vary by employer:
- Capped rollover: Some employers allow a certain number of unused days to roll over into the next year. For example, an employer may allow up to 5 days of unused PTO to carry over, and any excess will be forfeited.
- Unlimited rollover: Fewer employers offer unlimited rollover, allowing employees to carry forward all unused PTO without restrictions.
- “Use it or lose it” policy: In this scenario, unused PTO is forfeited at the end of the year if not used. Employers with this policy are typically required to clearly communicate these terms in their employee handbooks.
Employers are not legally required to allow rollover in New Jersey, but it’s important for employees to be aware of their company’s specific policy, as it can affect their vacation planning.
Payment of Accrued, Unused Vacation on Termination
New Jersey leave laws does not specifically require employers to pay out unused PTO or vacation time when an employee leaves the company unless the employer’s policy or employment contract explicitly provides for this. However, many companies choose to pay employees for unused, accrued PTO as part of their termination package.
If an employer’s policy guarantees payment for unused PTO, the employer must follow through, whether the employee resigns, is laid off, or is terminated. In such cases, the payout might reflect the following:
- Accrued PTO up to the date of termination: If PTO is earned incrementally, the employee will only be paid for what they have accrued, not for the full annual allotment unless the full amount was granted upfront.
- Pro-rated PTO: Some employers pro-rate PTO based on the portion of the year worked, offering a partial payout in line with how much time the employee has spent with the company.
PTO Payout Example:
Sick Leave in New Jersey
Federal Laws – Leave Quota
At the federal level, the main law that governs employee leave, including sick leave, is the Family and Medical Leave Act (FMLA). However, it’s important to note that FMLA does not mandate paid sick leave but does provide eligible employees with the right to unpaid, job-protected leave under specific circumstances.
Key Features of FMLA for Sick Leave:
- Leave Quota: Eligible employees are entitled to up to 12 weeks of unpaid leave in a 12-month period for certain medical conditions, including personal illness or caring for a family member with a serious health condition.
- Eligibility: To be eligible for FMLA, employees must have worked for their employer for at least 12 months and completed at least 1,250 hours of work during that time. The employer must also have at least 50 employees within a 75-mile radius.
- Job Protection: FMLA guarantees that employees can return to their same or an equivalent position after taking leave. However, since it does not provide for paid leave, employees may need to use accrued PTO or other leave benefits during this time.
- Coverage: FMLA applies to both public and private sector employees, but only if the employer meets the size and eligibility criteria.
While FMLA protects employees’ right to unpaid leave for medical reasons, it does not mandate paid sick leave. This is where New Jersey state laws step in to fill the gap.
State Laws – Leave Quota
New Jersey leave laws offers more robust protections for employees by mandating paid sick leave under the New Jersey Earned Sick Leave Law. This law requires employers to provide paid sick leave to nearly all employees, regardless of company size, ensuring workers can take time off for health-related issues without losing income.
Key Features of the New Jersey Earned Sick Leave Law:
Leave Quota: Employees can earn up to 40 hours (5 days) of paid sick leave per year. This sick leave accrues at the rate of 1 hour for every 30 hours worked, and employees can begin using their earned sick leave after 120 calendar days of employment.
Coverage: The law applies to most employees in the state, including full-time, part-time, and temporary workers. However, certain employees, such as those covered by collective bargaining agreements, may be subject to different rules.
Reasons for Sick Leave: Employees can use earned sick leave for various reasons, including:
- Personal illness or injury.
- Preventive care, medical diagnosis, or treatment.
- Care for a family member who is ill or needs medical care.
- Time off related to domestic violence.
- Absences due to the closure of the workplace or a child’s school due to a public health emergency.
Rollover: Unused sick leave can be carried over to the following year, but employers are not required to allow employees to use more than 40 hours of sick leave in a single year.
Payment for Sick Leave: Unlike FMLA, which is unpaid, the New Jersey Earned Sick Leave Law mandates that sick leave is paid at the employee’s regular rate of pay.
Maternity, Paternity, FMLA in New Jersey
Federal Laws
The Family and Medical Leave Act (FMLA) is a federal law that guarantees eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons, including maternity and paternity leave.
Key Features of FMLA:
- Leave Quota: Under FMLA, employees can take up to 12 weeks of unpaid leave per year for the birth or adoption of a child, or to care for a newborn or newly adopted child. This leave also applies to serious health conditions, including pregnancy-related complications.
- Eligibility: Employees must have worked for their employer for at least 12 months and completed at least 1,250 hours of service in the previous year. The employer must have at least 50 employees within a 75-mile radius.
- Job Protection: FMLA ensures that employees can return to the same or a comparable position after their leave. However, FMLA leave is unpaid, meaning employees are not entitled to compensation during this period unless they use accrued PTO or other paid leave benefits.
- Coverage: FMLA applies to both men and women, ensuring that both parents can take time off for the birth or adoption of a child, or for serious health conditions of family members.
While FMLA provides important job protection, it does not provide paid leave, which can pose challenges for new parents who need financial support during their time away from work. This is where New Jersey’s state laws offer significant additional protections.
Additional State Laws
New Jersey leave laws goes beyond federal FMLA requirements by offering paid family leave and additional state-specific protections for workers during maternity, paternity, and family caregiving. The state’s laws include the New Jersey Family Leave Act (NJFLA) and the Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs, which provide both job protection and financial support during family-related absences.
New Jersey Family Leave Act (NJFLA)
The New Jersey Family Leave Act (NJFLA) complements FMLA by providing job-protected leave specifically for family-related reasons.
- Leave Quota: NJFLA allows eligible employees to take up to 12 weeks of unpaid leave in a 24-month period to bond with a newborn or newly adopted child, or to care for a family member with a serious health condition. Unlike FMLA, NJFLA does not cover leave for the employee’s own medical condition, including pregnancy-related disabilities.
- Eligibility: Employees are eligible if they have worked for a covered employer for at least 12 months and logged at least 1,000 hours of service in the past year. NJFLA applies to employers with 30 or more employees, making it accessible to more workers than FMLA.
- Job Protection: Like FMLA, NJFLA provides job protection, ensuring employees can return to the same or a comparable position after their leave. However, NJFLA does not require paid leave, and it focuses on family caregiving rather than personal medical leave.
Temporary Disability Insurance (TDI)
New Jersey’s Temporary Disability Insurance (TDI) program provides paid benefits for employees who are unable to work due to pregnancy, childbirth, or other temporary disabilities.
- Leave Quota: Pregnant employees can claim TDI benefits for up to four weeks before childbirth and six weeks after childbirth (or eight weeks for a C-section), or longer if they experience complications.
- Payment: TDI offers partial wage replacement, with employees receiving 85% of their average weekly wage, up to a maximum weekly benefit. This helps bridge the gap for employees who need financial support during maternity leave.
- Eligibility: To qualify for TDI, employees must have earned a certain minimum amount during a specified base period. TDI is available to all employees who contribute to the program through payroll deductions, regardless of their employer’s size.
Family Leave Insurance (FLI)
New Jersey’s Family Leave Insurance (FLI) program provides paid family leave for employees who need to bond with a newborn or newly adopted child, or care for a seriously ill family member.
- Leave Quota: Employees can receive FLI benefits for up to 12 weeks in a 12-month period. This leave is available for both mothers and fathers, ensuring both parents have the opportunity to bond with their new child.
- Payment: Like TDI, FLI offers partial wage replacement, with employees receiving 85% of their average weekly wage, up to a maximum weekly benefit. This provides financial support while employees take time off to care for family members.
- Eligibility: Employees who have contributed to the FLI program through payroll deductions are eligible, provided they meet the minimum earnings requirement during a base period.
Bereavement Leave in New Jersey
In 2025, Bereavement Leave in New Jersey is not mandated by state law, meaning employers are not legally required to offer paid or unpaid time off for employees to grieve the loss of a loved one. However, many employers in the state choose to provide bereavement leave as part of their company policies. Typically, companies offer between 3 to 5 days of paid leave for the death of immediate family members, such as a spouse, parent, child, or sibling. Some employers may also extend this leave to cover the death of other relatives or close relationships. It’s essential for employees to review their company’s specific bereavement leave policy, as the availability and duration of leave can vary widely. Additionally, employers are encouraged to support grieving employees with flexible time-off options, even though there is no statutory requirement in New Jersey for bereavement leave.
Jury Duty Leave in New Jersey
In 2025, Jury Duty Leave in New Jersey is protected under state law, ensuring that employees have the right to take time off to serve on a jury without fear of losing their job. Employers are required to grant employees unpaid leave to fulfill their civic duty, but they are not obligated to provide paid time off for jury service unless company policy states otherwise. While employees cannot be terminated or penalized for attending jury duty, they should provide their employer with advance notice and any necessary documentation, such as a jury summons. Some employers may offer paid jury duty leave as a benefit, but this varies by company. Additionally, employees are expected to return to work once their jury service concludes or when they are excused from duty for the day.
Military Leave in New Jersey
In 2025, Military Leave in New Jersey is governed by both federal and state laws, providing protections for employees who serve in the military. Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employees are entitled to take leave from their civilian jobs to perform military service and are guaranteed reinstatement to their jobs after their service, provided they meet certain conditions. USERRA ensures that employees cannot be discriminated against based on their military service, and they are entitled to the same benefits and seniority they would have accrued if they had not taken leave.
Voting Leave in New Jersey
In 2025, Voting Leave in New Jersey is not specifically mandated by state law, meaning employers are not legally required to provide paid or unpaid time off for employees to vote. However, New Jersey encourages employers to allow their employees time to vote, particularly if their work schedules make it difficult to access the polls. In most cases, employees are expected to vote during non-working hours, as polls in New Jersey typically remain open from 6 a.m. to 8 p.m., providing ample time before or after work. While there is no statutory obligation, many companies voluntarily offer flexible work hours or unpaid time off to ensure employees can fulfill their civic duty without compromising their work commitments. Employees should check with their employer to see if a voting leave policy is in place.
New Jersey State Holidays for 2025
In 2025, New Jersey leave laws observes a number of state holidays, during which government offices, public schools, and many businesses may close or operate on limited hours. These holidays include both federally recognized holidays and state-specific ones. with state offices closing in observance of these important dates. While private employers are not required to give employees time off for state holidays, many do offer paid leave for these days or may provide floating holidays to accommodate employee needs. Employees should check their company’s specific holiday schedule to understand their leave entitlements.
Holiday
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day/Indigenous Peoples’ Day
Election Day
Veterans Day
Thanksgiving Day
Christmas Day
Date
January 1, 2025 (Wednesday)
January 20, 2025 (Monday)
February 17, 2025 (Monday)
April 18, 2025 (Friday)
May 26, 2025 (Monday)
July 4, 2025 (Friday)
September 1, 2025 (Monday)
October 13, 2025 (Monday)
November 4, 2025 (Tuesday)
November 11, 2025 (Tuesday)
November 27, 2025 (Thursday)
December 25, 2025 (Thursday)