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N.J. Legislation Expands Uses of Sick Leave for School District Employees

July 18, 2023
By Sanmathi (Sanu) Dev, Esq.

By: Gabi Aste-Molina, Law Clerk

Editor: Sanmathi (Sanu) Dev, Esq.

On July 3, 2023, Governor Murphy signed legislation that expands sick leave for school district employees. Bill A5060/S3440 amends the law by allowing school district employees to use their sick leave for preventative care, care of a family member, recovery from domestic or sexual violence or that of a family member, bereavement of a family member, to attend their child’s school-related conference or meeting, and when their child’s school or place of care is closed. Previously, school district employees could only use sick leave for a personal disability due to an illness or injury or when an employee or someone in their immediate household was exposed to a contagious disease or quarantined for it. This bill does not supersede any collective bargaining rights for school district employees and does not “reduce, diminish, or adversely affect” those rights either.

The new legislation also states that a board of education may require an employee to file a physician’s certificate with its secretary only for sick leave due to a personal injury or illness (and not the new eligible uses). Finally, the bill explains when a board of education may request advance notice or reasonable documentation for sick leave use.

About the Author:

Sanmathi (Sanu) Dev

Chair, Education Practice


Ms. Dev concentrates her practice on the representation of boards of education and school districts in all areas of education law including: labor and employment, special education, Section 504, student discipline, student records, Family Educational Rights and Privacy Act, Anti-Bullying Bill of Rights Act, School Ethics Act, student residency, civil rights, tenure, negotiations, Open Public Records Act, and Open Public Meetings Act.

In connection with these representations, she is an experienced litigator before State and Federal courts, including the Office of Administrative Law. She routinely defends school districts and employers in a variety of claims involving employee discipline and termination, discrimination, harassment, hostile work environment, leaves of absence, Family and Medical Leave Act, New Jersey Family Leave Act, health and safety, whistleblowing, Americans with Disabilities Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and First Amendment. Ms. Dev is also an experienced special education litigator and defends school districts in due process hearings from inception through trial. In addition, she litigates employment, labor, and civil rights claims before governmental agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Office for Civil Rights, New Jersey Public Employment Relations Commission, and New Jersey Division on Civil Rights.

Ms. Dev also serves as labor counsel and chief negotiator on behalf of employers. She negotiates collective bargaining agreements with union leadership and manages contract negotiations with various collective bargaining units. Ms. Dev defends grievances, disputes, and arbitrations related to collective bargaining agreements.

Ms. Dev founded Capehart Scatchard’s Diversity and Inclusion Committee and served as its Chair from 2017 through February 2024. From 2018-2023, she served as the firm’s Hiring Shareholder. Ms. Dev previously served as a judicial law clerk to the Honorable Ronald E. Bookbinder, A.J.S.C. in Burlington County.

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