An employer can send employees home from work based on any of the following scenarios:
- The employee has coronavirus virus or is exhibiting symptoms of coronavirus.
- The employee has reported they might be at risk.
- The employer has a reasonable belief that the employee is at risk.
- The employee has been told to self-quarantine.
If the employee is ill, the employee can seek to be paid for the time by utilizing PTO and/or paid sick leave, temporary disability insurance or workers compensation. If the employee is out caring for a family member, they may apply for family leave insurance and/or utilize PTO (including paid sick leave). If the employee is not ill but under quarantine, they can apply for unemployment and/or utilize PTO (including paid sick leave).
The circumstances may necessitate:
- an employer having a reduction in workforce; or
- seeking to close sites/reduce hours; or
- the place of work may be ordered closed by the governmental agency.
Again, at that time, employees can seek to be paid through the New Jersey Division of Unemployment Insurance.
Employees that are out caring for themselves or a family member with coronavirus may be eligible for New Jersey Family Leave Act or federal Family Medical Leave Act.
Additionally, if these job protected leave acts do not apply because the employer is not large enough, employers must analyze the leave under the reasonable accommodation provisions of the Americans with Disabilities Act and the New Jersey Law Against Discrimination.
The following links provide beneficial information regarding the coronavirus:
NJ DOL Benefits and the Coronavirus (COVID-19): What Employees Should Know
U.S. Department of Labor COVID-19 or Other Public Health Emergencies Q&A
Centers for Disease Control and Prevention: What You Need to Know About COVID-19
The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk. We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability. Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein. We will remove a link to any site from this blog upon request of the linked entity.
We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.
If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com. One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.