Part 3 What more should I know about my rights to paid sick leave in NJ?

TRUE? or FALSE?

New Jersey law prohibits Covid-19 related employment discrimination.

True

Yes, Governor Murphy signed a law in response to the coronavirus, that prohibits an employer from firing or otherwise punishing an employee who requests time off or takes time off from work based on a medical professional’s determination that the employee has, or is likely to have, COVID-19. And, New Jersey law protects you against retaliation from your employer when asserting many of your workplace rights.

False

Incorrect. Did you know that Governor Murphy signed a law in response to the coronavirus, that prohibits an employer from firing or otherwise punishing an employee who requests time off or takes time off from work based on a medical professional’s determination that the employee has, or is likely to have, COVID-19. And, New Jersey law protects you against retaliation from your employer when asserting many of your workplace rights.

Worker Rights to Paid Leave and Job Protection for Leave from Work in NJ (including COVID-19)

In New Jersey, workers have many protections under various programs and laws to help ensure that they can take time off for their own health and their loved ones. Some protections are related to COVID-19 and others are permanent. Some programs and laws are state laws and others are federal.

New Jersey's Earned Sick Leave Program

New Jersey’s Earned Sick Leave law guarantees most workers the right to earn 40 hours or 5 days of paid sick time. The law covers most* full-time, part-time and temporary workers regardless of their immigration status. Employers can require workers to accrue their sick leave, earning 1 hour of paid sick time for every 30 hours worked. You can use the time for your own health reasons or to care for a loved one -- health reasons can be related to COVID-19 or not. For more information and to file a complaint with the NJ Department of Labor, visit www.mysickdays.nj.gov

* Workers excluded from the law are those employed in the construction industry under a union contract, per diem health care employees, public employees who are provided with sick leave at full pay under any other NJ law or rule, and independent contractors who do not meet the definition of an employee under NJ law.

New Jersey's Temporary Disability and Family Leave Insurance Programs

New Jersey also has paid family and medical leave, called Temporary Disability and Family Leave Insurance benefit programs. These programs provide 85% of your average weekly wage up to $903/week when you take leave for the following reasons; if you are unable to work because a health condition prevents you from doing so (including COVID-19 diagnosis, treatment, and/or quarantine), if you need to care for a seriously ill loved one (including reasons related to COVID-19), and for both parents to bond with a new child (adopted, foster, or birth). Currently to receive these benefits you need to meet minimum gross earnings (you have worked 20 calendar weeks earning at least $220 in those 20 weeks, or $11,000 in the base year period before taking leave), and have a social security number. To receive these benefits, you apply to the NJ State Department of Labor. For more and to apply, visit www.myleavebenefits.nj.gov

New Jersey Law Prohibits COVID-19 Related Employment Discrimination

Earlier this year, Governor Murphy signed a law in response to the coronavirus, that prohibits an employer from firing or otherwise punishing an employee who requests time off or takes time off from work based on a medical professional’s determination that the employee has, or is likely to have, COVID-19. The law only applies during the COVID-19 pandemic and related public health emergencies. Learn more about how NJ Workers are protected against COVID-19 related discrimination at work.

NJ Laws that Protect You Against Employer Retaliation

New Jersey law protects you against retaliation from your employer when asserting many of your workplace rights. Retaliation for standing up for your rights can take many forms. It can include: getting fired, getting a poor performance review, changed salary, increased oversight on job duties, changed workplace responsibilities, getting denied a raise, getting excluded from meetings that you would typically attend, getting transferred, and many other scenarios. If you believe you have been retaliated against, one step would be to talk to your supervisor or someone from human resources about the reason for the negative employment action against you. It may require your employer hearing from the Department of Labor directly to end the retaliation. You can contact the Department of Labor at 609-292-2305.

For more information you can access the scenarios and benefit options in this guide (other languages available here) at the NJ Department of Labor website. Before you take any action you should determine what your employer's current policies provide and consider speaking with your employer about alternatives that may be available such as paid time off, working remotely, taking a leave of absence, and other opportunities that may be available.

However, if your employer does not want to negotiate or refuses to cooperate and follow the law, there are several ways you can take action to enforce your rights.

Steps You Can Take

Learn about your rights and take notes.

This is a summary of worker rights but there may be other protections or laws that can help you. Reach out to any local worker community organization if you would like to learn more and get support. You can learn more about your rights at myworkrights.nj.gov If you have questions specific to your rights to paid leave you can to seek “one-on-one” advice and/or be connected to a local community worker organization that can give you advice.

Reach out and connect with coworkers and local worker organizations.

If you have a health and safety committee that is being formed at your job, it could be helpful to connect with one of the NJ Protect coalition partners. You may also speak with co-workers you trust about your issue, they too may have the same concerns or experience. You can discuss how to take action together.

Inform your employer of the law and keep notes.

Your employer may know about their obligations under the law or they may not. If you feel comfortable speaking with your employer, you may want to let them know what you have learned. You could consider attempting to leave the information with them anonymously or it could come from a group of workers.

Be sure to document your conversation and communications with your employer as best you can. Keep notes about the details of your conversations with your employer and about the situation.

File a complaint with the appropriate state agency or contact a lawyer.

There are several state agencies you can contact if you think your employer is not following the law. You can research the NJ DOL webpages that include workers' rights (myworkrights.nj.gov) and the Governors’ COVID-19 Executive Orders (nj.gov/infobank/eo/056murphy) or you can contact an attorney to see if bringing a private right of action might be a viable option for you. You could start by contacting the free Legal Services of NJ, www.lsnj.org.

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