Official Site of The State of New JerseyWorker Benefits, Protections and the Coronavirus (COVID-19): What NJ Workers Should Know
New Jersey has among the most comprehensive Earned Sick Leave, Temporary Disability and Family Leave Insurance laws in the country, which cover all types of workers – full-time, part-time, temporary and seasonal.
In addition, employees can’t be fired for taking time off to test, quarantine or isolate, with a medical note recommending that the employee take that time off because the employee has, or is likely to have, an infectious disease that may infect others at the employee’s worksite. Employers must also follow COVID-19 workplace health and safety requirements.
There are also federal laws that expand Unemployment Insurance benefits to more workers and reimburse employers for federal paid sick and childcare leave through a tax credit. This leave can now be used to take time off related to COVID-19 vaccinations and side effects. Learn more here.
In addition, employees may be entitled to job-protected leave under the New Jersey Family Leave Act (NJFLA) and/or the federal Family and Medical Leave Act (FMLA).
Keep in mind:
- Employers pay NJ Earned Sick Leave and may pay federal sick/childcare leave. Unemployment, Temporary Disability and Family Leave Insurance benefits require an application to the New Jersey Department of Labor. You cannot receive pay or benefits from more than one program/law at the same time.
- The New Jersey Division on Civil Rights enforces the NJ Family Leave Act and U.S. DOL enforces the Family and Medical Leave Act (FMLA).
- See NJCivilRights.gov for more information about NJFLA or to file a complaint.
- See DOL.gov for more information about the FMLA.
- See IRS.gov for information on tax credits for employers that provide federal paid sick leave and childcare leave.
- These laws and programs can be confusing. Please refer to the information below, our printable guides, FAQs, and our eligibility tool to help understand your rights and use the program that best fits your situation – applying for the wrong program could cause delays.
- Each state benefit or protection has its own eligibility criteria. Cases are examined on an individual basis, and eligibility is determined in accordance with the law.
Many employers have more generous policies than state and federal benefits and protections. Consider speaking with your employer about available alternatives such as paid time off, working remotely, taking a leave of absence, and other flexible work options.
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.
- Can ask their employer about Federal Paid Sick Leave: Your employer is not required to provide you with this leave after December 31, 2020, but may voluntarily do so and receive a tax credit. Learn more at dol.gov and irs.gov.
If an individual has tested positive for COVID-19, or has symptoms of COVID-19 and is unable to work, they:
- Can’t be fired for taking time off to test, quarantine or isolate, with a medical note recommending that the employee take that time off because the employee has, or is likely to have, an infectious disease that may infect others at the employee’s worksite. Learn more here.
- Can ask their employer about Federal Paid Sick Leave: Your employer is not required to provide you with this leave after December 31, 2020, but may voluntarily do so and receive a tax credit. Learn more at dol.gov and irs.gov. This leave can now be used to take time off related to COVID-19 vaccinations and side effects. Learn more here.
- 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.
If an employee uses up their sick leave and still cannot return to work, they 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).
- After exhausting Temporary Disability Insurance or instead of Temporary Disability Insurance, may be eligible for Pandemic Unemployment Assistance (PUA): PUA benefits can be paid retroactively for periods of unemployment beginning or after February 2, 2020 and are currently set to expire September 4, 2021. Please review this webpage for helpful tips and information before applying online at myunemployment.nj.gov. Individuals who receive PUA may also be eligible for Federal Pandemic Unemployment Compensation (FPUC), which provides an additional $300 per week from January 2, 2021 through September 4, 2021.
- May 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 creates a rebuttable presumption of workers’ compensation coverage for COVID-19 cases contracted by “essential employees” during a public health emergency. This means that if an employee deemed essential under the law contracts COVID-19, it is presumed that “the contraction of the disease is work-related and fully compensable.” An employer can attempt to dispute this presumption.
Check our eligibility tool to see what benefits and protections you may be eligible for.
- Can’t be fired for taking time off to test, quarantine or isolate, with a medical note recommending that the employee take that time off because the employee has, or is likely to have, an infectious disease that may infect others at the employee’s worksite. Learn more here.
- Can ask their employer about Federal Paid Sick Leave: Your employer is not required to provide you with this leave after December 31, 2020, but may voluntarily do so and receive a tax credit. Learn more at dol.gov and irs.gov. This leave can now be used to take time off related to COVID-19 vaccinations and side effects. Learn more here.
- 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).
- After exhausting Temporary Disability Insurance or instead of Temporary Disability Insurance, may be eligible for Pandemic Unemployment Assistance (PUA): PUA benefits can be paid retroactively for periods of unemployment beginning or after February 2, 2020 and are currently set to expire September 4, 2021. Please review this webpage for helpful tips and information before applying online at myunemployment.nj.gov. Individuals who receive PUA may also be eligible for Federal Pandemic Unemployment Compensation (FPUC), which provides an additional $300 per week from January 2, 2021 through September 4, 2021.
- 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 creates a rebuttable presumption of workers’ compensation coverage for COVID-19 cases contracted by “essential employees” during a public health emergency. This means that if an employee deemed essential under the law contracts COVID-19, it is presumed that “the contraction of the disease is work-related and fully compensable.” An employer can attempt to dispute this presumption.
Check our eligibility tool to see what benefits and protections you may be eligible for, and learn about workplace health and safety requirements.
- Can ask their employer about Federal Paid Sick Leave: Speak to your employer about federal paid sick leave. Your employer is not required to provide you with this leave after December 31, 2020, but may voluntarily do so and receive a tax credit. Learn more at dol.gov and irs.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 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.
- Can ask their employer about Federal Childcare Paid Leave: Speak to your employer about federal paid childcare leave. Your employer is not required to provide you with this leave after December 31, 2020, but may voluntarily do so and receive a tax credit. Learn more at dol.gov and irs.gov. This leave can now be used to take time off related to COVID-19 vaccinations and side effects. Learn more here.
- 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.
- Is likely eligible for Pandemic Unemployment Assistance (PUA): PUA benefits can be paid retroactively for periods of unemployment beginning on or after February 2, 2020 and are currently set to expire September 4, 2021. Please review this webpage for helpful tips and information before applying online at myunemployment.nj.gov. Individuals who receive PUA may also be eligible for Federal Pandemic Unemployment Compensation (FPUC).
Learn more about benefits and protections for COVID-related school closures and remote learning here and check our eligibility tool.
- 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. During the state of emergency, we have waived the requirement that recipients of Unemployment benefits be actively seeking work. Unemployment benefits provide 60% of average wages, with a maximum of $731/week in 2021 for 26 weeks (plus an additional $300/week from January 2, 2021 through September 4, 2021). 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.
Check our eligibility tool to see what benefits and protections you may be eligible for.
- 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 $731/week in 2021 for 26 weeks (plus an additional $300/week from January 2, 2021 through September 4, 2021). 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. During the state of emergency, we have waived the requirement that recipients of Unemployment benefits be actively seeking work. If, however, the individual subsequently contracts the virus, then the claim would be switched over to Disability During Unemployment.
Check our eligibility tool to see what benefits and protections you may be eligible for.
- 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 $731/week in 2021 for 26 weeks (plus an additional $300/week from January 2, 2021 through September 4, 2021). 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.
Check our eligibility tool to see what benefits and protections you may be eligible for, and learn about workplace health and safety requirements.
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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 $731/week in 2021 for 26 weeks (plus an additional $300/week from January 2, 2021 through September 4, 2021). 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.
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.
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Is likely eligible for Pandemic Unemployment Assistance (PUA): PUA benefits can be paid retroactively for periods of unemployment beginning on or after February 2, 2020 and are currently set to expire September 4, 2021. Please review this webpage for helpful tips and information before applying online at myunemployment.nj.gov. Individuals who receive PUA may also be eligible for Federal Pandemic Unemployment Compensation (FPUC).
Check our eligibility tool to see what benefits and protections you may be eligible for.
- Can ask their employer about Federal Paid Sick Leave: Speak to your employer about federal paid sick leave. Your employer is not required to provide you with this leave after December 31, 2020, but may voluntarily do so and receive a tax credit. Learn more at dol.gov and irs.gov. This leave can now be used to take time off related to COVID-19 vaccinations and side effects. Learn more here.
- 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 $731/week in 2021 for 26 weeks (plus an additional $300/week from January 2, 2021 through September 4, 2021). Individuals who exhaust these benefits may be eligible for additional weeks. Please review this webpage for helpful tips and information before applying online at myunemployment.nj.gov.
Check our eligibility tool to see what benefits and protections you may be eligible for.
- Can ask their employer about Federal Paid Sick Leave: Speak to your employer about federal paid sick leave. Your employer is not required to provide you with this leave after December 31, 2020, but may voluntarily do so and receive a tax credit. Learn more at dol.gov and irs.gov. This leave can now be used to take time off related to COVID-19 vaccinations and side effects. Learn more here.
- 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).
- After exhausting Family Leave Insurance or instead of Family Leave Insurance, can apply for Pandemic Unemployment Assistance (PUA): PUA benefits can be paid retroactively for periods of unemployment beginning on or after February 2, 2020 and are currently set to expire September 4, 2021. Please review this webpage for helpful tips and information before applying online at myunemployment.nj.gov. Individuals receiving PUA may also be eligible for Federal Pandemic Unemployment Compensation (FPUC), which provides an additional $300 per week from January 2, 2021 through September 4, 2021.
Check our eligibility tool to see what benefits and protections you may be eligible for.
- Is likely eligible for Pandemic Unemployment Assistance (PUA): Learn more here and apply online at myunemployment.nj.gov. See this webpage on applying and certifying for benefits for helpful tips. PUA benefits can be paid retroactively for periods of unemployment beginning on or after February 2, 2020 and are currently set to expire September 4, 2021. Individuals who receive PUA may also be eligible for Federal Pandemic Unemployment Compensation (FPUC), which provides an additional $300 per week from January 2021 through September 4, 2021, and those who exhaust their PUA benefits may be eligible for additional weeks.
- Self-employed workers may also be eligible for tax credits to take advantage of federal paid sick leave and childcare leave. Learn more from the IRS.
Check our eligibility tool to see what benefits and protections you may be eligible for.
Is likely eligible for help from NJ’s Unemployment Insurance: Under federal COVID-19 relief bills, these individuals are likely eligible to receive an additional 49 weeks of Unemployment benefits (Pandemic Emergency Unemployment Compensation or PEUC). To receive these benefits, continue certifying for weekly benefits on your scheduled day/time. PEUC will be added to an eligible claim automatically. An individual receiving unemployment benefits will also be eligible for an additional $300 per week from January 2, 2021 through September 4, 2021 through Federal Pandemic Unemployment Compensation (FPUC), and additional extensions are possible during sustained high levels of unemployment in the state. Learn more here.
Information in English
Please note: our benefits chart covers paid leave and cash benefits. For information on job protection, review this webpage and see our eligibility tool.
Información en español
Tenga en cuenta: Nuestra tabla de beneficios cubre la licencia pagada y los beneficios en efectivo. Para obtener información sobre la protección laboral, revise esta página web y consulte nuestra herramienta de elegibilidad.
