Official Site of The State of New Jersey

If an individual is unable to work because they are getting the COVID-19 vaccine or are recovering from side effects, they:   

• Can use accrued Earned Sick Leave: NJ employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of paid sick leave per year so they can care for themselves or a loved one, including for COVID-19 testing, illness, quarantine, or vaccination. Employees can also use earned sick leave to travel to and from a vaccine appointment and recover from side effects.

If an individual has tested positive for COVID-19, or has symptoms of COVID-19 and is unable to work, they:

• Could not be fired during the public health emergency for taking time off to test, quarantine or isolate, with a medical note recommending that the employee take that time off because the employee had, or was likely to have, an infectious disease that may infect others at the employee’s worksite. This law applies to actions taken during the public health emergency, from March 20, 2020, through June 4, 2021. Learn more here.
  
  
• Cannot be discriminated against. Under the New Jersey Law Against Discrimination, employees are protected from discrimination and harassment based on actual or perceived disability. The Law Against Discrimination defines disability as, among other things, any “physical … infirmity … which is caused by … illness …” COVID-19 is an infectious disease caused by a newly discovered coronavirus, and would constitute an illness. Thus, if you have any physical infirmity caused by COVID-19, that would qualify as a disability under the law.  When an employee is unable to work because they have a disability related to COVID-19, an employer must provide reasonable accommodations to the employee (such as allowing them to telework or providing them with time off from work) unless doing so would impose an undue hardship on the employer’s operations. Learn more about the Law Against Discrimination and COVID-19 or file a complaint with the NJ Division on Civil Rights.

• Can use accrued Earned Sick Leave: NJ employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of paid sick leave per year so they can care for themselves or a loved one, including for COVID-19 testing, illness, quarantine, or vaccination.

An employee may apply for one of the following programs for wage-replacement benefits, depending on their situation and eligibility:

• Temporary Disability Insurance (TDI) benefits: A claim would need to be filed online at myleavebenenfits.nj.gov; the health care provider would give the diagnosis and the duration the individual is expected to be out of work. Wage records available to NJDOL would determine the amount of TDI benefits. It is against the law for employers to retaliate against employees for taking or seeking to take TDI benefits. In addition, some NJ workers are eligible for job-protected medical leave under the Federal Family and Medical Leave Act (FMLA).
  
  
• Workers’ Compensation: Workers' Compensation provides benefits to employees who suffer job-related injuries or illnesses. Essential workers should note that on September 14, 2020, Governor Murphy signed Senate Bill 2380 into law, which created a rebuttable presumption of workers’ compensation coverage for COVID-19 cases contracted by “essential employees” during a public health emergency. This meant that if an employee deemed essential under the law contracted COVID-19, it was presumed that “the contraction of the disease is work-related and fully compensable.” An employer could attempt to dispute this presumption. This applies for the period from March 9, 2020 through June 4, 2021.

• Could not be fired during the public health emergency for taking time off to test, quarantine or isolate, with a medical note recommending that the employee take that time off because the employee had, or was likely to have, an infectious disease that may infect others at the employee’s worksite. This law applies to actions taken during the public health emergency, from March 20, 2020, through June 4, 2021. Learn more here.
  
  
• You cannot be discriminated against because you have or are perceived to have COVID-19, which is considered a disability under the New Jersey Law Against Discrimination. Learn more about the Law Against Discrimination and COVID-19 or file a complaint with the NJ Division on Civil Rights.

• Can use accrued Earned Sick Leave: NJ employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of paid sick leave per year so they can care for themselves or a loved one, including for COVID-19 testing, illness, quarantine, or vaccination.
  
  
• May be eligible for Temporary Disability Insurance (TDI) benefits: A claim would need to be filed online at myleavebenenfits.nj.gov; the health care provider would give the diagnosis and the duration the individual is expected to be out of work. Wage records available to NJDOL would determine the amount of TDI benefits. It is against the law for employers to retaliate against employees for taking or seeking to take TDI benefits. In addition, some NJ workers are eligible for job-protected medical leave under the Federal Family and Medical Leave Act (FMLA).
  
  
• May be eligible for Workers’ Compensation: If a person is directed to self-quarantine by their employer or a public health official following known exposure to the virus during the course of their work, that person could be eligible for Workers’ Compensation. Workers' Compensation provides benefits to employees who suffer job-related injuries or illnesses. Essential workers should note that on September 14, 2020, Governor Murphy signed Senate Bill 2380 into law, which created a rebuttable presumption of workers’ compensation coverage for COVID-19 cases contracted by “essential employees” during a public health emergency. This meant that if an employee deemed essential under the law contracted COVID-19, it was presumed that “the contraction of the disease is work-related and fully compensable.” An employer could attempt to dispute this presumption. This applies for the period from March 9, 2020 through June 4, 2021.

 Learn about workplace health and safety requirements.

• Can use accrued Earned Sick Leave: NJ employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of paid sick leave per year so they can care for themselves or a loved one, including for COVID-19 testing, illness, quarantine, or vaccination. Mandatory remote learning, a school or childcare closure for cleaning, or other coronavirus preparation would be considered an allowable use of Earned Sick Leave.
  
  
• May be eligible for up to 12 weeks of job-protected leave under the NJ Family Leave Act: Learn more from the NJ Division on Civil Rights.

Learn more about benefits and protections for COVID-related school closures and remote learning here.

• Can apply for Unemployment Insurance (UI): This claim would initially be considered a temporary layoff, thus suspending the provision that the worker be able, available and actively seeking work. A layoff lasting longer than eight weeks would require the person to certify that they are able and available for work. Unemployment benefits provide 60% of average wages, with a maximum of $804/week in 2022 for 26 weeks. Individuals who exhaust these benefits may be eligible for additional weeks. Please review the FAQs for helpful tips and information before applying online at myunemployment.nj.gov.

• Can use accrued Earned Sick Leave: NJ employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of earned sick leave per year. The Earned Sick Leave law states, in part: “Time during which the employee is not able to work because of a closure of the employee's workplace, or the school or place of care of a child of the employee, by order of a public official due to an epidemic or other public health emergency, or because of the issuance by a public health authority of a determination that the presence in the community of the employee, or a member of the employee's family in need of care by the employee, would jeopardize the health of others.”
  
  
• Can apply for Unemployment Insurance benefits (UI): A claim would need to be filed at myunemployment.nj.gov, preferably online, and the benefit amount would be determined through available wage records. Unemployment benefits provide 60% of average wages, with a maximum of $804/week in 2022 for 26 weeks. Individuals who exhaust these benefits may be eligible for additional weeks. Please review the FAQs for helpful tips and information before applying online at myunemployment.nj.gov. This claim would initially be considered a temporary layoff, thus suspending the provision that the worker be able, available and actively seeking work. A layoff lasting longer than eight weeks would require the person to certify that they are able and available for work. If, however, the individual subsequently contracts the virus, then the claim would be switched over to Disability During Unemployment.

• Can use accrued Earned Sick Leave: NJ employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of earned sick leave per year. The Earned Sick Leave law states, in part: “Time during which the employee is not able to work because of a closure of the employee's workplace, or the school or place of care of a child of the employee, by order of a public official due to an epidemic or other public health emergency, or because of the issuance by a public health authority of a determination that the presence in the community of the employee, or a member of the employee's family in need of care by the employee, would jeopardize the health of others.”
  
  
• Might be eligible for Unemployment Insurance (UI) benefits depending on their situation: Unemployment benefits provide 60% of average wages, with a maximum of $804/week in 2022 for 26 weeks. Individuals who exhaust these benefits may be eligible for additional weeks of state unemployment benefits. Please review the FAQs for helpful tips and information before applying online at myunemployment.nj.gov.

Learn about workplace health and safety requirements.

• Could be eligible for partial Unemployment Insurance (UI) benefits: If a person is still employed, but the regular hours of work have been reduced, depending on the number of hours that have been reduced and the amount of earning for the week, the person would be eligible for reduced UI benefits. To be eligible for partial unemployment benefits, the person cannot work more that 80% of the hours normally worked. Unemployment benefits provide up to 60% of average wages, with a maximum of $804/week in 2022 for 26 weeks. Individuals who exhaust these benefits may be eligible for exhaust these benefits may be eligible for additional weeks. Please review the FAQs for helpful tips and information before applying online at myunemployment.nj.gov.

For example, if a person normally works 40 hours a week, they cannot work more than 32 hours in a week to be eligible. Additionally, if the person earns 20% or less of their weekly benefit rate, the person would receive the full weekly benefit. For earnings greater than the 20%, the weekly benefit would be reduced.

• Can use accrued Earned Sick Leave: NJ employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of earned sick leave per year so they can care for themselves or a loved one, including for COVID-19 testing, illness, quarantine, or vaccination. The Earned Sick Leave law states, in part, the permitted use of caring for yourself: “Time needed for diagnosis, care, or treatment of, or recovery from, an employee's mental or physical illness, injury, or other adverse health condition, or for preventative medical care for the employee;” and, the permitted use to protect public health: “because of the issuance by a public health authority of a determination that the presence in the community of the employee, or a member of the employee’s family in need of care by the employee, would jeopardize the health of others." You can also use Earned Sick Leave if quarantining is required or recommended because you traveled from a state on New Jersey’s travel advisory list.
  
  
• Could be eligible for Temporary Disability Insurance (TDI): A claim would need to be filed online at myleavebenefits.nj.gov; the health care provider would give the pre-existing diagnosis and the duration the individual is expected to be out of work. Wage records available to NJDOL would determine the amount of TDI benefits. It is against the law for employers to retaliate against employees for taking or seeking to take TDI benefits. In addition, some NJ workers are eligible for job-protected medical leave under the federal Family and Medical Leave Act (FMLA).
  
  
• After exhausting Temporary Disability Insurance or instead of Temporary Disability Insurance, can apply for Unemployment Insurance, if no longer receiving pay from employer: Unemployment benefits provide 60% of average wages, with a maximum of $804/week in 2022 for 26 weeks. Individuals who exhaust these benefits may be eligible for additional weeks. Apply online at myunemployment.nj.gov.

• Can use accrued Earned Sick Leave: NJ employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of earned sick leave per year so they can care for themselves or a loved one, including for COVID-19 testing, illness, quarantine, or vaccination. The Earned Sick Leave law states, in part, "time needed for the employee to aid or care for a family member of the employee during diagnosis, care, or treatment of, or recovery from, the family member’s mental or physical illness or other adverse health condition, or during preventive medical care for the family member."
  
  
• May apply for Family Leave Insurance: If caring for a family member who has the coronavirus or symptoms of COVID-19, a claim would need to be filed at myleavebenefits.nj.gov and the family member's health care provider would give the diagnosis and the expected length of time the caregiver will need to be out of work. Wage records available to NJDOL would determine the amount of benefits. It is against the law for employers to retaliate against employees for taking or seeking to take Family Leave benefits. In addition, many NJ workers are eligible for job-protected family leave under the NJ Family Leave Act (NJFLA).

May be eligible for state extended unemployment benefits during sustained high levels of unemployment in the state. Learn more here.