New Jersey Again Amends its Family Leave Laws in Response to the Coronavirus Pandemic

Quarantine

Quarantine

As we previously posted, on March 25, 2020, New Jersey amended its Family Leave Act (NJFLA) and Temporary Disability Benefits Law (NJTDL) in response to COVID-19. On April 14, 2020, New Jersey again amended the NJFLA and NJTDL to clarify, and make technical corrections, to the previous amendments. New Jersey employers need to be aware of these changes in the event that employees seek or are eligible for family leave or temporary disability benefits.

Amendments to the NJFLA

The NJFLA applies to employers with 30 or more employees. Under the NJFLA, eligible employees are entitled to up to 12 weeks of job protected unpaid leave in a 24-month period for the birth or adoption of a child or to take care of a family member with a serious illness, injury, or health condition. The prior amendment expanded the definition of a serious health condition to include certain quarantine orders during a state of emergency declared by the Governor.

The new amendment deletes the expanded definition of serious health condition, but retains, and expands, the job protections for leave made necessary to care for a family members due to an epidemic of a communicable disease. Under the amendment, NJFLA leave is available when, due to “a state of emergency declared by the Governor or when indicated by a pubic health official, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease” require an employee:

  • To care for a child whose school or place of care is closed by order of a public official due to the epidemic or other public health emergency;

  • To care for a family member who is subject to a quarantine order or prophylactic measures by a public health authority; or

  • To care for a family member who has been recommended to self-quarantine as a result of a suspected exposure to a communicable disease by a health care provider or public health authority.

The amendment also explain the documentation and verification that employees are required to provide to their employers for NJFLA leave related to communicable diseases. Importantly, that documentation seems to only require employee certification and does not require any documentation from a third-party, such as a public health authority or health care provider, as would be normal in most NJFLA leave situations.

Amendments to the NJTDL

The new law also revised the NJTDL to provide eligibility for temporary disability benefits when an employee, or an employee’s family member, is recommended, directed, or ordered to isolate or quarantine due to an illness caused by a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent the spread of a communicable disease, which requires in-home care or treatment.

As we continue to combat the spread of the coronavirus and prepare to eventually reopen businesses, the legal obligations of employers and other business owners will continue to evolve. Business owners should continue to consult with their legal advisors to ensure they remain complaint with any new legal changes and to avoid to any potential legal liabilities.

If you have questions about your business’s handling of coronavirus related employment or business issues, please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling system to schedule a complimentary consultation.

Employment LawMichael MoreaNew York Family Leave Law, temporary disability benefits, employee rights