New Jersey Employment Lawyers Blog
It is unknown how many workers across New Jersey will fall ill with COVID-19 or be quarantined as a result of a Coronavirus exposure. Many school districts across New Jersey have already closed, with more anticipated to be closed imminently. Many New Jersey working families will need to take FMLA or other form of leave from work as a result of a family member or themselves for contracting COVID-19, or simply to care for children not in school.
The New Jersey Paid Family Leave Insurance provides for benefits for up to 6 weeks to provide care for a seriously ill or injured family member diagnosed with COVID-19. In order to be eligible for Family Leave benefits, a New Jersey worker would have to had paid into the system and meet the minimum gross earnings requirements. New Jersey workers must have worked 20 weeks and earned at least $200 per week, or have earned a combined total of $10,000 in the base year. Eligible workers are currently paid 2/3 of their average weekly wage with a maximum of $667 per week. However, starting July 1, 2020, eligible workers will be paid 85% of their average weekly wage with a maximum of $881 per week. The New Jersey Paid Family Leave Insurance law is different from the New Jersey Family Leave Act, which provides eligible employees with job protection for qualifying reasons such as child birth or to care for a family member who is suffering from a serious health condition.
If a New Jersey employee tests positive for COVID-19 or has symptoms consistent with COVID-19 and is unable to work, there are several possible state programs under which he/she may be eligible. The employee may use accrued Earned Sick Leave. All employers, regardless of size, must provide employees with up to 40 hours of earned sick leave per year to care for themselves or a loved one. Earned Sick Leave time may accrue as you work at a rate of one hour per 30 hours worked, or, your employer may give you a “bank” of 40 hours at the beginning of the year. A New Jersey worker exposed to Coronavirus during the course of their work and directed to quarantine as a result may also use Earned Sick Leave during the quarantine period. Earned Sick Leave is also available to employees who are unable to work because their child’s school or daycare was ordered closed by a public official.