Official Site of The State of New Jersey

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

• Can use up to 80 hours of Federal Emergency Paid Sick Leave. Your employer pays you for this. This will expire at the end of the year and not roll over. It is at your regular rate of pay, capped at $511 a day and a total of $5,110. Learn more from the U.S. Department of Labor.
  
  
• Can use accrued Earned Sick Leave: As of October 2018, 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.

If an employee uses up their sick leave and still cannot return to work, they may apply for one of the following programs, depending on their situation and eligibility:

• Can apply for up to 39 weeks of Unemployment Insurance: Under the CARES Act, this worker is likely eligible for help from NJ Unemployment Insurance. Unemployment benefits provide 60% of average wages, with a maximum of $713/week (+ additional $600/week through July). However, NJ is currently awaiting specific guidance from USDOL on this scenario. Please check back for updates.

• After exhausting Unemployment Insurance benefits, or instead of Unemployment Insurance benefits, can apply for Temporary Disability Insurance (TDI): A claim would need to be filed online at myleavebeneits.nj.gov; the health care provider would give the diagnosis and the duration the individual is expected to be out of work. Available wage records on file 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 contracts the virus because he/she waited on or worked with someone who had the virus, or contracted the virus for any other work related reason, that person could be eligible for workers’ compensation and would file through their employer.

• Can use up to 80 hours of Federal Emergency Paid Sick Leave. Your employer pays you for this. This will expire at the end of the year and not roll over. It is at your regular rate of pay, capped at $511 a day and a total of $5,110. Healthcare workers may be exempted from this. Learn more from the U.S. Department of Labor.

• May be able to use accrued Earned Sick Leave: The Earned Sick Leave law states, in part: “Time during which the employee is not able to work…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 up to 39 weeks of Unemployment Insurance: Unemployment benefits provide 60% of average wages, with a maximum of $713/week (+ additional $600/week through July). Apply online at myunemployment.nj.gov. Please review the FAQs for helpful tips and information.

• After exhausting Unemployment Insurance benefits, or instead of Unemployment Insurance benefits, can apply for Temporary Disability Insurance (TDI): A claim would need to be filed online at myleavebeneits.nj.gov; the health care provider would give the diagnosis and the duration the individual is expected to be out of work. Available wage records on file 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.

• Can use up to 80 hours of Federal Emergency Paid Sick Leave. Your employer pays you for this. This will expire at the end of the year and not roll over. Keep in mind that for caregiving, it is at 2/3 your rate of pay and capped at $200/day and a total of $2,000. Learn more from the U.S. Department of Labor.

• Can use up to one week of NJ Earned Sick Leave, if you have any left in this benefit year (workers can earn up to 40 hours; one hour accrued for every 30 hours worked): Your employer pays you for this. You can take this now, use it as your two weeks of unpaid emergency childcare leave (below), or save it for later in the year. Your NJ sick leave can be rolled over into the next year or bought back by your employer and is at your regular rate of pay. A school or childcare closure for cleaning or other coronavirus preparation would be considered an allowable use of Earned Sick Leave. The Earned Sick Leave law states, in part: “Time during which the employee is not able to work…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 use 12 weeks of Federal Emergency Expanded Family & Medical Leave: Your employer pays you for this. The first two weeks may be unpaid and the remaining 10 weeks are at 2/3 your rate of pay and capped at $200 a day and a total of $10,000. If you’ve already taken your emergency paid sick leave and NJ Earned Sick Leave, you may use other employer-provided paid time off during the first two weeks, although your employer cannot require you to do this. Your employer pays the remaining ten weeks. Using this would exhaust your FMLA leave for the 12-month period. Learn more from the U.S. Department of Labor.

• Can apply for up to 39 weeks of Unemployment Insurance: Unemployment benefits provide 60% of average wages, with a maximum of $713/week (+ additional $600/week through July). Apply online at myunemployment.nj.gov. Please review the FAQs for helpful tips and information.

• Can apply for up to 39 weeks of Unemployment Insurance: This claim would initially be considered a temporary layoff, thus suspending the provision that the worker be able, available and actively seeking work. As of now, a layoff lasting longer than eight weeks would require the person to be able, available and actively looking for employment. Unemployment benefits provide 60% of average wages, with a maximum of $713/week (+ additional $600/week through July). Apply online at myunemployment.nj.gov. Please review the FAQs for helpful tips and information.

• Can use accrued Earned Sick Leave: 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.”

• If an employee uses up their Earned Sick Leave and cannot return to work, they may apply for up to 39 weeks of 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 $713/week (+ additional $600/week through July). Please review the FAQs for helpful tips and information.This claim would initially be considered a temporary layoff, thus suspending the provision that the worker be able, available and actively seeking work. As of now, a layoff lasting longer than eight weeks would require the person to be able, available and actively looking for employment. 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: 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 up to 39 weeks of Unemployment Insurance (UI) benefits depending on their situation: Unemployment benefits provide 60% of average wages, with a maximum of $713/week (+ additional $600/week through July). Apply online at myunemployment.nj.gov. Please review the FAQs for helpful tips and information.

• Could be eligible for up to 39 weeks of 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 tp 60% of average wages, with a maximum of $713/week (+ additional $600/week through July). Please review the FAQs for helpful tips and information.
  
  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 up to 80 hours of Federal Emergency Paid Sick Leave. Your employer pays you for this. This will expire at the end of the year and not roll over. It is at your regular rate of pay, capped at $511 a day and a total of $5,110. Learn more from the U.S. Department of Labor.
  
  
• Can use accrued Earned Sick Leave: The Earned Sick Leave law states, in part, the permitted use of self-care: “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."
  

• Can apply for up to 39 weeks of Unemployment Insurance, if no longer receiving pay from your employer: Unemployment benefits provide 60% of average wages, with a maximum of $713/week (+ additional $600/week through July). Apply online at myunemployment.nj.gov. Please review the FAQs for helpful tips and information.

• After exhausting Unemployment Insurance benefits, or instead of Unemployment Insurance benefits, 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. Available wage records on file 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).

• Can use up to 80 hours of Federal Emergency Paid Sick Leave. Your employer pays you for this. This will expire at the end of the year and not roll over. Keep in mind that for caregiving, it is at 2/3 your rate of pay and capped at $200/day and a total of $2,000. Learn more from the U.S. Department of Labor.

• Can use accrued Earned Sick Leave: 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.”
  

• Can apply for up to 39 weeks of Unemployment Insurance, if no longer receiving pay from your employer: Unemployment benefits provide 60% of average wages, with a maximum of $713/week (+ additional $600/week through July). Apply online at myunemployment.nj.gov. Please review the FAQs for helpful tips and information.

• After exhausting Unemployment Insurance benefits, or instead of Unemployment Insurance benefits, if your loved one still requires care, you 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. Available wage records 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).

• Is likely eligible for help from NJ’s Unemployment Insurance: Apply online at myunemployment.nj.gov. See our FAQs on applying and certifying for benefits for helpful tips. If your claim is denied, you can always file an appeal, which takes time. If denied, you are also likely eligible for benefits under Pandemic Unemployment Assistance (PUA), since ineligibility for regular unemployment is a prerequisite for receiving benefits due to COVID-19. In this case, you will need to gather the last two years of your tax returns, or other evidence of income history, which will be necessary for processing your claim once the federal rules are established. The PUA benefits can be paid retroactively for periods of unemployment beginning or after January 27, 2020. Additional details will be posted online as they become available.
  
  
• Self-employed workers may also be eligible for tax credits to take advantage of emergency paid sick leave and emergency FMLA childcare leave. Learn more from the U.S. Department of Labor.

Is likely eligible for help from NJ’s Unemployment Insurance: Under the CARES Act, these individuals are likely eligible to receive an additional 13 weeks of Unemployment benefits, and an additional $600 per week through July. However, we are awaiting federal guidance on the specifics of the 13-week extension of unemployment benefits. Please check back frequently for updates.