The COVID Project
The record
- Jurisdiction
- New Jersey
- Level
- State
- Authority
- P.L. 2020, c. 9 (An act concerning time off from work in connection with infectious disease)
- Issued
- 2020-08-10 Aug. 10, 2020
- Effective
- 2020-08-10; the underlying statute, P.L. 2020, c. 9, took effect Mar. 20, 2020 (read as 2020-08-10)
- End
- Tied to 'the Public Health Emergency and State of Emergency declared by Governor Murphy in Executive Order No. 103 (2020)'; the Public Health Emergency ended June 4, 2021 and the State of Emergency continued through Sept. 30, 2021 (Exs. NJ-052, NJ-053) (read as 2021-09-30)
- In force
- Aug. 10, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesQuarantine and isolationStanding duty
- Addressees
- employers ('The chapter shall apply to employers and employees,' 12:70-1.1(b))
- Character
- covid workplace rule
- Collection
- Standing duties: New Jersey DUT-NJ
Operative words
P.L. 2020, c. 9... prohibits an employer from terminating or otherwise penalizing an employee, if the employee requests or takes time off from work based on the written or electronically transmitted recommendation of a medical professional licensed in New Jersey... because the employee has, or is likely to have, an infectious disease that may infect others at the employee's workplace.
Penalty
Remedies under P.L. 2020, c. 9 (reinstatement; the statute's fine for each violation) enforced by the Commissioner of Labor; the rule's own enforcement sections (12:70-1.4 to -1.8) were not read
What it required
During the emergency an employer could not terminate or otherwise penalize an employee who requested or took time off on a licensed medical professional's recommendation because the employee had or was likely to have an infectious disease that could infect others at the workplace, and had to reinstate the employee to the same or an equivalent position (12:70-1.3).
Retrieval noteText from Cornell LII's N.J.A.C. mirror. This is the Department of Labor's only codified COVID-19 employment rule located; LII's Title 12 chapter list shows no chapter implementing EO 192, whose enforcement ran through the Department's complaint intake and the Department of Health's inspection and closure powers (EO 192 paras. 5-6, 13, Ex. NJ-036). Search and Wayback were unavailable for part of this session.