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New Jersey enacts anti-retaliation protections due to COVID-19

04/02/20

Author: ADP Admin/Monday, March 30, 2020/Categories: Compliance Corner , State Compliance Update, New Jersey

Posted on March 30, 2020

New Jersey has enacted legislation (Assembly Bill 3848) to prohibit employers from retaliating against an employee for taking time off due to illness during the COVID-19 outbreak.

Assembly Bill A3848:

During the COVID-19 outbreak, an employer may not terminate or otherwise penalize an employee if: the employee requests or takes time off from work based on the written or electronically transmitted recommendation of a medical professional to do so for a specific duration because the employee has, or is likely to have, an infectious disease, which may infect others at the employee's workplace.

At the conclusion of leave, an employer may not refuse to reinstate the employee to the position held when the leave began with the same seniority, status, employment benefits, pay or other terms and conditions of employment.

Enforcement:

Employers found in violation of the law must reinstate the employee to the position previously held and may be subject to a penalty of $2,500 for each violation.

Compliance Recommendations:

New Jersey employers should review their policies and procedures, and train supervisors to ensure compliance with Assembly Bill 3848.

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Tags: 04/02/20

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