Updated June 12, 2020
Governor Murphy signed legislation on March 20th which prohibits an employer from terminating or refusing to reinstate an employee who takes or requests time off from work based on a medical professional’s determination that the employee has, or is likely to have, COVID-19. The law only applies during the COVID-19 Pandemic and related Public Health Emergency and State Emergency.
What You Need to Know
This law is effective 3/20/20
All employees (full-time, part-time, and temporary employees working in the private and public sector) are covered by this law. The law does not apply to independent contractors. Read more about making determination between employee and contractor.
The law applies to employers’ actions during the declared Public Health Emergency and State of Emergency declared by Governor Murphy concerning the COVID-19 pandemic. Actions taken by employers after the Public Health Emergency and State of Emergency are lifted, will not be covered.
An employer shall not terminate or otherwise penalize an employee if the employee:
- requests time off from work based on a written or electronically transmitted recommendation of a medical professional licensed in New Jersey,
- take time off for a specific period of time,
- or has, or is likely to have, an infectious disease which may infect others.
Employees must return to their same job, with the same level of seniority, employment benefits, pay, and other terms and conditions of employment. If the position needed to be filled to meet the needs of the business, the employee must be given an equivalent job with the same level of seniority, employment benefits, pay, and other terms and conditions of employment.
Employers who violate the law could be fined $2,500 for each offense.
It is our goal to keep you informed and educated during this challenging time. If you have any questions, click here to schedule a call with us.