In a recent arbitration decision, the Pequannock Township Board of Education and the Pequannock Township Education Association faced a matter left unaddressed by the 2023 School Sick Leave Law, which aimed to expand school employees' sick leave usage. The case arose from several 2023-24 school year instances where Pequannock members were denied sick leave to attend their children's non-mandatory school-related social events despite receiving invitations.
One member had received an invitation for a dance show stating, “Please reserve the date to see your child perform in the show,” while another received an invitation letter from the band, which included, "Please join us for our Winter Concert [on December 6] … All parents/guests are welcome to attend." These denials were officially contested and brought before an arbitrator.
The arbitrator examined the relevant question: whether the 2023 School Sick Leave Law permits sick leave usage for attending school-related social events such as parades, concerts, performances, and ceremonies. Under the law, sick leave is permitted for attending a child's school-related conference, meeting, function, or other events requested or required by school personnel responsible for the child's education.
In the decision, it was determined that sick leave could indeed apply to school-related social events. The arbitrator referred to the 2018 Earned Sick Leave Law's regulations, which allowed sick leave for activities like sporting events and plays, considering them "function or other event" that qualifies for sick leave. The similar language in the School Sick Leave Law led the arbitrator to conclude that it should also be interpreted broadly, a view supported by the legislative history of the law.
The case highlighted how particular invitations and requests were judged in this context. These invitations were not mandatory nor specifically addressed to the child's parent, which might offer guidance for evaluating similar requests or invitations.
Questions regarding the School Sick Leave Law can be directed to UniServ field representatives or the NJEA Office of Legal Services and Members Rights.
David Bander, an associate director of NJEA Legal Services and Member Rights in the NJEA Executive Office, provided this information. He can be contacted at dbander@njea.org.
