Employee Time Off and COVID-19: NJ Department of Labor & Workforce Development Issues Guidance

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 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

• is caring for a family member with COVID-19 or symptoms of it.

Temporary Disability Insurance benefits may be available to an employee who

• tested positive for or had symptoms of COVID-19 and used up Earned Sick Leave, but cannot return to work; or
• does not go to work because of greater COVID-19 risk due to a preexisting health condition.

Workers’ Compensation benefits may be available when an employee

• contracts COVID-19 for a work-related reason (i.e., working with someone who had COVID-19); or
• is directed by an employer or public health official to self-quarantine after exposure to COVID-19 during the course of their work.

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.

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