{"id":"DUT-NJ-014","kind":"duty","level":"state","jurisdiction":"New Jersey","state":"NJ","metro":"","industry":"","agency":"","eco":"","issuer":"New Jersey Department of Labor and Workforce Development, Commissioner Robert Asaro-Angelo (adopted rule, 52 N.J.R. 1673(b))","authority":"P.L. 2020, c. 9 (An act concerning time off from work in connection with infectious disease)","instrument":"N.J.A.C. 12:70-1.1 to -1.8, Prohibited COVID-19 Related Employment Discrimination (12:70-1.1 Purpose and scope; 12:70-1.3 Reinstatement)","title":"N.J.A.C. Title 12, Chapter 70, Prohibited COVID-19 Related Employment Discrimination","dateIssued":"2020-08-10","effective":"2020-08-10; the underlying statute, P.L. 2020, c. 9, took effect Mar. 20, 2020","end":"Tied to \u0027the Public Health Emergency and State of Emergency declared by Governor Murphy in Executive Order No. 103 (2020)\u0027; the Public Health Emergency ended June 4, 2021 and the State of Emergency continued through Sept. 30, 2021 (Exs. NJ-052, NJ-053)","startDate":"2020-08-10","endDate":"2021-09-30","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMP","QUAR","DUTY"],"addressees":["employers (\u0027The chapter shall apply to employers and employees,\u0027 12:70-1.1(b))"],"clause":"P.L. 2020, c. 9... prohibits an employer from terminating or otherwise penalizing an employee, if the employee requests or takes time off from work based on the written or electronically transmitted recommendation of a medical professional licensed in New Jersey... because the employee has, or is likely to have, an infectious disease that may infect others at the employee\u0027s workplace.","enforcement":"Remedies under P.L. 2020, c. 9 (reinstatement; the statute\u0027s fine for each violation) enforced by the Commissioner of Labor; the rule\u0027s own enforcement sections (12:70-1.4 to -1.8) were not read","functions":[],"notes":"During the emergency an employer could not terminate or otherwise penalize an employee who requested or took time off on a licensed medical professional\u0027s recommendation because the employee had or was likely to have an infectious disease that could infect others at the workplace, and had to reinstate the employee to the same or an equivalent position (12:70-1.3).","sourceUrl":"https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-12-70-1-1","snapshot":"","fileExists":true,"fileBytes":76168,"grade":"primary","character":"covid_workplace_rule","description":"","collection":"DUT-NJ","url":"/library/DUT-NJ-014","exhibitUrl":"/exhibit/DUT-NJ-014","citation":"New Jersey Department of Labor and Workforce Development, Commissioner Robert Asaro-Angelo (adopted rule, 52 N.J.R. 1673(b)), N.J.A.C. 12:70-1.1 to -1.8, Prohibited COVID-19 Related Employment Discrimination (12:70-1.1 Purpose and scope; 12:70-1.3 Reinstatement) (Aug. 10, 2020) (Ex. DUT-NJ-014)","stateName":"New Jersey","related":["NJ-052","NJ-053","NJ-036"]}