17 April 2020

New Jersey law expands Family Leave Act for workers affected by COVID-19

New Jersey legislation under S2374 further expands the state's COVID-19 sick leave provisions by temporarily modifying the state's Family Leave Act to give employees up to 12 weeks of unpaid family leave in a 24-month period without losing their jobs if they are forced to take time off to care for a family member during the COVID-19 outbreak.

In an announcement about the legislation, Governor Phil Murphy stated that "New Jerseyans should not have to make a decision between caring for a loved one with COVID-19 and keeping their job … Our state is already home to the nation's most comprehensive Family Leave Act, and it's only right that we expand these protections to meet the unprecedented health crisis we are facing."

Previous expansions to paid leave for COVID-19

The legislation expanding New Jersey's Family Leave Act is the second enactment to expand leave to workers affected by COVID-19.

Effective March 25, 2020, New Jersey S. 2304, signed into law by Governor Phil Murphy, expands the state's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs to give more employees access to paid time off during health emergencies such as for COVID-19.

The law changes the definition of serious health condition allowing employees to obtain TDI and FLI benefits during a public health emergency if are unable to work because of being diagnosed with or suspected of exposure to a communicable disease or to care for family member diagnosed with or suspected of exposure to a communicable disease.

The law also modifies the state's paid sick leave law to permit employees to use their earned sick time for periods that isolation or quarantine are recommended or ordered by a provider or public health official as a result of suspected exposure to a communicable disease, or to care for a family member under recommended or ordered isolation or quarantine.

Finally, the law eliminates the current one-week waiting period for receiving disability benefits in the event of public health emergency.

In a March 25, 2020 press release the Governor said, "No one should have to decide between taking care of themselves or a sick family member and going to work during this pandemic. With this new law, we are providing hardworking men and women with the protections that they deserve and ensuring a healthier place to live and work."

For more information on New Jersey worker protections in connection with COVID-19, go here.

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Contact Information
For additional information concerning this Alert, please contact:
 
Workforce Tax Services - Employment Tax Advisory Services
   • Kenneth Hausser (kenneth.hausser@ey.com)
   • Debera Salam (debera.salam@ey.com)
   • Kristie Lowery (kristie.lowery@ey.com)
   • Peter Berard (peter.berard@ey.com)

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ATTACHMENT

EY Payroll News Flash

Document ID: 2020-1029