New Jersey school employees can use accrued sick leave to attend certain school concerts, student presentations and similar events involving their children, according to a new decision from the state Commissioner of Education.
Based on our research, the ruling appears to establish a new statewide administrative interpretation of New Jersey’s school-employee sick-leave law but… it could still go to the Appellate. There was an Arbitration involving another District (Pequannock) that came to a similar decision back in 2025.
The July 29 decision involved two teachers employed by the Wyckoff BOE who weren’t allowed to use sick time to go to school events involving their kids. One involved a class presentation and the other involved a holiday music concert.
Both requests were denied by the District and the teachers were instead allowed to use personal time to attend the events.
The teachers appealed, arguing that the events qualified under a state law allowing school employees to use sick leave to attend a child’s school-related conference, meeting, function or other event requested or required by a teacher, administrator or other professional staff member responsible for the child’s education.
An Administrative Law Judge agreed with the teachers and the Commissioner adopted that ruling as the state’s final decision.
The Wyckoff Board argued that qualifying events should connect to conferences and meetings where parents actually participate and communicate about a child’s educational needs or or issue concerning their academic progress.
The Board also argued that a general invite isn’t the same thing as a specific request for a parent to attend.
Neither of those arguments appeared to work and according to the decision, limiting the law to meetings and conferences involving active parent participation would essentially remove the words “function” and “other event” from the statute.
The Commissioner found that the law covers both discussion-based activities and certain school-related events.
“When a person is invited to attend an activity, their presence is requested,” the Commissioner wrote.
The decision also found that parents don’t have to actively participate in an event for their attendance to qualify, provided the other requirements of the law are met, and that a parent’s presence at a school-related activity isn’t less desirable simply because the parent is watching rather than participating, according to the ruling.
The Commissioner found that the case involving the class presentation was clearly school-related because it involved students presenting work completed for a class project and that the email from the teacher inviting parents to attend qualified as a request.
As for the concert, although the flyer didn’t use the words “requested,” “required” or “invited,” the Commissioner found that, when viewed as a whole, it was an invitation requesting the parents’ attendance.
The ruling doesn’t mean school employees can use sick leave for every activity involving their children – events must be school-related and the employee’s attendance must be requested or required by a school administrator, teacher or another professional staff member responsible for the child’s education.
The Commissioner also rejected the Board’s argument that the ruling could allow employees to use sick leave for everyday activities such as student drop-off, pickup or other routine school occurrences.
The decision also pointed to guidance from the NJ Department of Labor stating that school sporting events, plays and similar activities may qualify under certain circumstances.
The Board was ordered to fix the teachers’ leave record and count the time off as sick leave.
The decision can be appealed to the Appellate Division within 45 days of its July 29 mailing date.
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