Official Site of The State of New Jersey

• If your employer is covered under the NJFLA and you are an eligible employee, then you are generally entitled to up to 12 weeks of job-protected leave to care for a loved one in a two-year period. This includes leave to care for your child if their school or place of care is closed by order of a public official due to COVID-19.
• Employers that are state or local government agencies, or companies or organizations with 30 or more employees worldwide, are covered under this law.
• To be eligible for the job-protected leave, you must have been employed by the agency or company for at least one year and have worked at least 1,000 hours in the past 12 months.
• If you were on furlough or laid off due to the COVID-19 state of emergency, you may count up to a maximum of 90 calendar days during the COVID-19 furlough or time of unemployment as time in which you were employed for purposes of calculating eligibility for NJFLA. To calculate the “hours worked” per week during the COVID-19 furlough or unemployment, use the average number of hours you worked per week during the rest of the 12-month period.
• Your employer may not retaliate against you because you took or attempted to take leave under the NJFLA.
• NJFLA is job-protected leave, so that at the end of your leave, your employer should restore you to the position you had before the leave began, or if that position is no longer available, to a position with equivalent seniority, status, benefits and pay. But if your employer experiences a reduction in force while you are on leave and you would have been laid off even if you did not take leave, you may not be entitled to reinstatement.
• NJDOL does not enforce the NJFLA; it is enforced by the NJ Division on Civil Rights. Go to NJCivilRights.gov and https://www.nj.gov/oag/dcr/downloads/fact-FLA.pdf to find out more information or to file a complaint.

Note: If you were receiving PUA (not regular unemployment) because you were not working in order to care for your child whose school/place of care was closed due to COVID-19, but you would have been working if you weren’t on PUA (i.e. your employer stayed open), the 12 weeks of NJFLA would have started as soon as you stopped working to care for your children.

1. If you are eligible for NJFLA, accept the offer to return to work, and tell your employer as soon as possible that you want to take leave. Note: While it is recommended that you be clear with your employer about the reason you’re taking leave, you don’t have to specifically mention “family leave” or “FLA” to give adequate notice. It is enough under the law to alert them that you need time off for a reason covered by NJFLA.
2. Ask your employer what paperwork they want you to complete and ask them to send it to you. Your employer may require certification to support your leave request. In the case of caring for a child whose school/place of care is closed due to COVID-19, they can require certification from the school/place of care that says the date the closure started and the reason for the closure.
3. Confirm your conversation with your employer (send them an email). Note: This is good practice but is not required by law.
4. NJDOL does not enforce the NJFLA; it is enforced by the NJ Division on Civil Rights. Go to NJCivilRights.gov and https://www.nj.gov/oag/dcr/downloads/fact-FLA.pdf or call 973-648-2700 to find out more information or to file a complaint.

Separate from job-protected leave under the NJFLA, Pandemic Unemployment Assistance (PUA) benefits may be available. PUA can provide unemployment benefits to NJ workers who are otherwise able and available to work, except that they are unable or unavailable to work because they are the primary caregiver for a child who is unable to attend school or place of care because it’s closed due to COVID-19, including during periods of remote learning. PUA benefits are available up until March 13, 2021, with a current maximum of 57 weeks of benefits.

Please note that PUA benefits may also be available if you’re receiving unemployment benefits and you receive an offer to work for a new employer, as opposed to an employer with whom you have work history.

1. Inform your employer in writing that you plan to apply for unemployment assistance for a PUA reason. Note: this is good practice but is not required by law. You can refer them to: https://www.nj.gov/labor/employer-services/business/covid.shtml
2. Continue certifying weekly and follow the COVID-19 certification guide here: https://myunemployment.nj.gov/labor/myunemployment/covidinstructions.shtml

If eligible, your claim will be transitioned to PUA. Please note that if your employer misunderstands and reports that you have refused work, your benefits may be put on hold while NJDOL makes a decision. This could take 4-6 weeks.

You should carefully consider your individual situation when determining the order in which to seek benefits or protections.

Your employer may provide you with federal paid sick and child care leave. Your employer doesn’t have to provide it as of December 31, 2020 but may voluntarily do so and receive a tax credit. These leaves expire March 31, 2021. Learn more at dol.gov and irs.gov/coronavirus/new-employer-tax-credits.

Please note that you may also be able to receive partial PUA benefits during a period in which you receive other paid leave from your employer (for example, federal paid sick and child care leave) if the pay for that leave was less than your typical pay, but you will have to report those earnings when certifying for PUA benefits, and your benefits may be impacted.

What to do:

1. Learn more here: dol.gov and irs.gov/coronavirus/new-employer-tax-credits
2. Speak to your employer about federal paid sick and child care leave. If they choose to provide these leaves they may be reimbursed with a tax credit. If they don’t know about the tax credits or need more information, refer them to dol.gov and irs.gov/coronavirus/new-employer-tax-credits
3. It is against the law for an employer to retaliate against you for using or seeking to use your leave. If you think your rights are being violated, file a complaint with USDOL: https://dol.gov/agencies/whd/pandemic

Please note that paid sick and child care leave job protection that was taken under the Families First Coronavirus Response Act (expired December 31, 2020) and the extended tax credits, runs simultaneously with the NJ Family Leave Act if the reason for leave (in this case, a COVID-19-related school closure) is covered by NJFLA. This means if you already took 12 weeks of federal paid sick and child care leave to care for your child due to a COVID-19 school closure, even if you are covered under the NJFLA, you have already exhausted NJFLA leave.

You should carefully consider your individual situation when determining the order in which to seek benefits or protections.

You may be entitled  to up to 40 hours of NJ Earned Sick Leave to care for yourself or your loved one, or your child due to a COVID-19 school/care closure; you accrue 1 hour of earned sick leave for every 30 hours you work or all 40 hours of leave may be provided to you at the beginning of the benefit year. Learn more here.

What to do:

1. Learn more here: mysickdays.nj.gov
2. Speak to your employer about your NJ Earned Sick Leave.
3. It is against the law for an employer to retaliate against you for using or seeking to use your leave. If you think your rights are being violated, file a complaint (called a “wage claim”) with NJDOL.

You should carefully consider your individual situation when determining the order in which to seek benefits or protections.

First, determine if you’re covered under the New Jersey Family Leave Act (NJFLA)

• If your employer is covered under the NJFLA and you are an eligible employee, then you are generally entitled to up to 12 weeks of job-protected leave to care for a loved one in a two-year period. This includes leave to care for your child if their school or place of care is closed by order of a public official due to COVID-19.
• Please note that expanded family and medical leave job protection under Families First Coronavirus Response Act (expired December 31, 2020) runs simultaneously with the NJ Family Leave Act if the reason for leave (in this case, a COVID-19 related school closure) is covered by NJFLA. This means if you already took 12 weeks of federal paid sick and child care leave to care for your child due to a COVID-19 school closure, even if you are covered under the NJFLA, you have already exhausted NJFLA leave.
• Employers that are state or local government agencies, or companies or organizations with 30 or more employees worldwide, are covered under the NJFLA.
• To be eligible for the job-protected leave, you must have been employed by the agency or company for at least one year and have worked at least 1,000 hours in the past 12 months.
  • If you were on furlough or laid off due to the COVID-19 state of emergency, you may count up to a maximum of 90 calendar days during the COVID-19 furlough or time of unemployment as time in which you were employed for purposes of calculating eligibility for NJFLA. To calculate the “hours worked” per week during the COVID-19 furlough or unemployment, use the average number of hours you worked per week during the rest of the 12-month period.
  • Your employer may not retaliate against you because you took or attempted to take leave under the NJFLA.
  • NJDOL does not enforce the NJFLA; it is enforced by the NJ Division on Civil Rights. Go to NJCivilRights.gov and https://www.nj.gov/oag/dcr/downloads/fact-FLA.pdf to find out more information or to file a complaint.

If you are covered under the New Jersey Family Leave Act:

1. Tell your employer as soon as possible that you want to take leave. Note: While it is recommended that you be clear with your employer about the reason you’re taking leave, you don’t have to specifically say “family leave” or “FLA” to give adequate notice. It is enough under the law to alert them that you need time off for a reason covered by NJFLA.
2. Ask your employer what paperwork they want you to complete and ask them to send it to you. Your employer may require certification to support your leave request. In the case of caring for a child whose school/place of care is closed due to COVID-19, they can require certification from the school/place of care that says the date the closure started and the reason for the closure.
3. Confirm your conversation with your employer (send them an email). Note: This is good practice but is not required by law.
4. NJDOL does not enforce the NJFLA; it is enforced by the NJ Division on Civil Rights. Go to NJCivilRights.gov and https://www.nj.gov/oag/dcr/downloads/fact-FLA.pdf or call 973-648-2700 to find out more information or to file a complaint.

Next, seek PUA unemployment benefits:

Separate from job-protected leave under the NJFLA, Pandemic Unemployment Assistance (PUA) benefits may be available. PUA can provide unemployment benefits to NJ workers who are unable or unavailable to work because they are the primary caregiver for a child who is unable to attend school or place of care because it’s closed due to COVID-19, including remote learning. You could be eligible for PUA benefits up until March 13, 2021. Please note that you may also be able to receive partial PUA benefits during a period in which you receive other paid leave from your employer (for example, federal paid sick and child care leave) if the pay for that leave was less than your typical pay, but you will have to report those earnings when certifying for PUA benefits, and your benefits may be impacted.

1. Inform your employer in writing that you plan to apply for unemployment assistance for a PUA reason. Note: this is good practice but is not required by law. You can refer them to: https://www.nj.gov/labor/employer-services/business/covid.shtml
2. To apply for PUA, you first apply for regular unemployment insurance benefits here: https://myunemployment.nj.gov/. Per federal rules you need to be found ineligible for traditional unemployment benefits, which means you need to apply and be denied, and then NJDOL will contact you and assess you for PUA. It could take several weeks to process your application.

Once approved, certify weekly and follow the COVID-19 certification guide here: https://myunemployment.nj.gov/labor/myunemployment/covidinstructions.shtml

No. According to the US Department of Labor, paid leave under the federal paid sick and child care leave tax credits and PUA unemployment benefits are only available for mandatory remote learning.

Yes. If schools are following a hybrid model of both in-person and remote learning, parents may be eligible for paid leave under the federal paid sick and child care leave tax credits or PUA unemployment benefits on the days that learning is remote. You may also be eligible for unpaid, job-protected NJFLA leave.

If your child has mandatory remote learning, and you’re eligible for paid leave under the federal paid sick and child care leave tax credits, or PUA unemployment benefits, those would be options. You could also be eligible for up to 12 weeks of wage replacement benefits from Family Leave Insurance. Learn more at myleavebenefits.nj.gov.

If you have a serious health condition that puts you at high risk for COVID-19, such as asthma, diabetes, or a heart condition, you could be eligible for PUA unemployment benefits or Temporary Disability, but you cannot take both at the same time. Learn more about PUA here, and learn more about Temporary Disability at myleavebenefits.nj.gov. You may also be entitled to a reasonable accommodation from your employer to allow you to safely perform your job. Learn more here.

Under Executive Order 192, employers are required to protect employees, customers, and others who come into physical contact with its operations, from the spread of COVID-19. The requirements address such measures as social distancing, wearing face masks, health checks, and the cleaning and disinfecting of high touch areas. Learn more about these requirements and how to file a complaint here.

If you are at high risk for COVID-19 due to a serious health condition, you could be eligible for Temporary Disability. Learn more at myleavebenefits.nj.gov.

In most instances, you cannot voluntarily quit and receive unemployment benefits. Exceptions could occur where an individual quits or refuses work because the work poses a high degree of risk to their health and safety. The first step is to try to resolve the health and safety issues with your employer. Learn more here.

No. Mandatory remote learning is not a qualifying reason to receive Family Leave Insurance benefits. However, you may be eligible for Family Leave benefits if your child has an illness, injury, or underlying health condition that prevents them from returning to school in person. You may also be eligible to receive Family Leave benefits if your child who is participating in remote learning has a diagnosed mental health condition, including ADHD, and you are unable to work because they require your care. To receive Family Leave benefits, your child’s healthcare provider must certify your child’s physical or mental health condition and the need for your care. You may be eligible for other benefits and protections in addition to Family Leave Insurance, such as leave under the NJ Family Leave Act.

If you need assistance finding child care, visit the NJ Child Care Resource and Referral Agencies page, administered by the NJ Department of Human Services (DHS). You can also apply for the state’s Child Care Subsidy Program if you need assistance paying for child care, also administered by NJDHS.