Effectively immediately, it is an unlawful employment practice to terminate or retaliate against an employee that:
- during a Public Health Emergency declared by the Governor in Executive Order 103 (COVID-19),
- requests time off from work based on a written or electronically transmitted recommendation of a medical professional licensed in New Jersey,
- that the employee take time off for a specific period of time, and
- because the employee has, or is likely to have, an infectious disease which may infect others at the employee's workplace.
Upon expiration of a period of protected leave, an employee shall be restored to the position such employee held immediately prior to the commencement of the protected leave, with no reduction in seniority, status, employment benefits, pay, or other terms and conditions of employment.
If such position has been filled, the employer shall reinstate such employee to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment.
Reinstatement is required unless during a period of protected leave,
- the employer experiences a reduction in force or layoff and the employee would have lost the employee's position had the employee not been on leave,
- as a result of the reduction in force or pursuant to the good faith operation of a bona fide layoff and recall system including a system under a collective bargaining agreement, where applicable, the employee would not be entitled to reinstatement to the former or an equivalent position.
The employee retains all rights under any applicable layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the protected leave.
No employer shall discharge or in any way retaliate against or penalize any employee because such employee requests or takes protected leave.
Independent contractor status
The criteria in the Unemployment Compensation commonly referred to as the "ABC test," and the case law interpreting and applying the ABC test to potential employment relationships shall be used to determine whether the individual is an employee or an independent contractor.
Violations result in administrative, legal and equitable remedies and fines and monetary penalties.