Important updates, decisions, and resources focused on helping our clients to withstand the coronavirus crisis and plan for the future.

Stay Connected.

2.1.2022

Employment Law Update: New Jersey Executive Order to Require COVID-19 Vaccination & Booster for Workers in Certain Health Care Settings and Congregate Settings

Executive Order No. 283, requires workers in certain health care settings, identified below, and employees at high-risk congregate settings to be fully vaccinated against COVID-19, including a booster shot, or have their employment terminated. Those workers will no longer be able to opt to undergo weekly testing instead of vaccination.

Health care facility covered employees, who are unvaccinated, and are subject to the Biden Administration’s vaccine mandate (the CMS portion that was upheld by the U.S. Supreme Court) and work in health care settings had until January 27, 2022, to receive their first dose of the primary series of a vaccine and until February 28, 2022, to submit proof that they are up-to-date with their vaccination. According to the state, which includes “having completed their primary series and any booster shots for which they are eligible.” Similarly, covered workers, who are not subject to the Biden Administration’s vaccine mandate, and work in health care settings identified below, or in high-risk congregate settings have until February 16, 2022, to receive the first dose of the primary series of a vaccine and submit proof of vaccination completion by March 30, 2022.

Importantly, Executive Order No. 283 provides that accommodations must be provided to employees who request and receive an exemption because of a disability, medical condition, or sincerely held religious belief. If an employee does receive such exemption, they must submit to weekly or twice weekly testing in accordance with Executive Order No. 252.

For purposes of Executive Order No. 283, health care settings shall include:

  • Acute, pediatric, inpatient rehabilitation, and psychiatric hospitals, including specialty hospitals, and ambulatory surgical centers;
  • Long-term care facilities; intermediate care facilities; residential detox, short-term, and long-term residential substance abuse disorder treatment facilities;
  • Clinic-based settings like ambulatory care, urgent care clinics, dialysis centers, Federally Qualified Health Centers,
  • Family planning sites,
  • Opioid treatment programs;
  • Community-based health care settings include the Program of All-inclusive Care for the Elderly, pediatric and adult medical day care programs, and licensed home health agencies, and registered health care service firms operating within the State.

High-risk congregate settings shall include:

  • State and county correctional facilities;
  • All congregate care settings operated by the Juvenile Justice Commission, which includes secure care facilities and residential community homes;
  • Licensed community residences for individuals with intellectual and developmental disabilities (“IDD”) and traumatic brain injury (“TBI”);
  • Licensed community residences for adults with mental illness; certified day programs for individuals with IDD and TBI; and
  • Group homes and psychiatric community homes licensed by DCF.

Additionally, workers are defined as:

  • Full- and part-time employees;
  • Contractors; and
  • Other individuals working in the covered setting, including individuals providing operational, custodial, or administrative support.

Takeaway: Employers under the covered settings will have to move quickly to comply with the executive order. If you have questions regarding the executive order or any other employment laws, contact Tracy Armstrong or another member of the Wilentz Employment Law Team.

BLOG DISCLAIMER

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 current as of the time of publication, 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.