Back to business, New Jersey: Essential FAQs for return-to-work planning

June 2020 employment law letter

Authors:

Brigette N. Eagan and Sharina Rodriquez, Genova Burns LLC

Now is the time for employers to formulate action plans for returning employees to the workplace. We have developed the following FAQs to guide the development of your return-to-work plan.

Requiring employees to return to work (1) Can employees decline reinstatement from a furlough? If an employee has no reason protected by law for not returning to work, then she may be disqualified from unemployment benefits. Following are some common COVID-based protected reasons that would delay an employee's active return to work.

New Jersey Paid Sick Leave Act. If an employee has not exhausted her sick leave, she can use her accrued earned sick time for the following reasons:

Her own COVID-related illness;
A family member's COVID-related illness;
Compliance with a quarantine order for her or her family member;
Her child's school closure; and
In some instances, for generalized fear of COVID-19 exposure.

Federal Emergency Paid Sick Leave Act. Employees may receive up to 80 hours of pay (with certain limitations) for the following reasons:

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