The New Jersey Department of Labor & Workforce Development (NJDOL) has issued guidance for employees on navigating coronavirus (COVID-19) issues using benefits already available statewide, which the NJDOL touts as “among the most comprehensive… in the country, [and] which cover all employees.” With numerous COVID-19 cases confirmed in New Jersey and surrounding areas, employers should carefully analyze requests for time off related to COVID-19. Because of New Jersey’s expansive laws, time off (sometimes with pay) is available in many circumstances when an employee has not tested positive for COVID-19.
The NJDOL released this guidance and this chart.
In summary:
Earned Sick Leave may be available when an employee is unable to work because the employee
- tests positive for or has symptoms of COVID-19;
- is told to self-quarantine after exposure to COVID-19;
- is at greater COVID-19 risk due to a preexisting health condition and does not go to work;
- had their workplace ordered closed due to COVID-19;
- is caring for their child whose school or childcare is ordered closed or is closed due to COVID-19; or
- is caring for a family member[1] with COVID-19 or symptoms of it.
Family Leave Insurance may be available to an employee who
Unemployment Insurance benefits may be available to an employee
- whose employer voluntarily closed, temporarily or otherwise, because of COVID-19;
- who used up Earned Sick Leave and cannot return to work because their workplace was ordered closed due to COVID-19;
- who refuses to go to work when their workplace remains open despite it having been ordered to close due to COVID-19;
- who works 80% or less of their normal hours because of a reduction-in-force related to COVID-19; or
- who does not go to work because of greater COVID-19 risk due to a preexisting health condition.
Employers also should keep federal legislation in mind. As of this writing, employers with fewer than 500 employees should be aware of a pending federal bill that would expand the Family and Medical Leave Act (FMLA) to provide leave for certain reasons related to COVID-19.
For our clients, we have formed a multidisciplinary Coronavirus COVID-19 Task Force to help guide you through the broad scope of legal issues brought on by this public health challenge. We also have launched a resource page to help keep you on top of developments as they unfold.
[1] “Family Member” is defined broadly to include a child, grandchild, sibling, spouse, parent, grandparent, domestic or civil union partner, anyone related by blood to the employee, or anyone whose close association with the employee is the equivalent of family.
