Coronavirus - Update for Employers

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Coronavirus - Update for Employers
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As our state and federal governments continue to try and mitigate the impact of COVID-19 on society, Governor Murphy has expanded New Jersey’s already robust Family Leave Act.

On April 14, 2020, Governor Murphy signed legislation which expands the protections offered by New Jersey’s Family Leave Act.  This specifically affects employees who take time off work to care for a family member as a result of an epidemic, including to provide care of a child if that child’s school or place of care is closed in response to a public health emergency.   Such leave is limited to 12 weeks within a 24 month period and must be provided by an employer with 30 or more employees.   

The expanded leave permits employees to take family leave during a state of emergency declared by the Governor or when ordered by a public health authority under the following circumstances:

(a)  to provide in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency;

(b)  to provide care for a family member who has been ordered to remain home because the presence in the community of the family member would jeopardize the health of others; or

(c) to provide care for a family member when a health care provider or public health authority recommends that a family member in need of care by the employee voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee, would jeopardize the health of others.

An employer may require a certification of the need for leave, which may be provided by a health care provider or school or child care provider, depending on the reason for the leave. 

Leave may be taken on an intermittent basis if the employee provides prior notice of the leave as soon as practicable and makes a reasonable effort to schedule the leave so as not to cause undue disruption to the employer, including providing if possible a regular schedule of the day or days of the week on which leave will be taken. 

Riker Danzig is here to help if you need assistance of any kind.  Please do not hesitate to contact Scott Ohnegian, Adam McInerney, Fiona Cousland, or any member of Riker Danzig's Labor & Employment Group regarding any specific legal issue affecting your business. 

Please visit Riker Danzig’s COVID-19 Resource Center to stay up to date on all related legal issues.