Official Site of The State of New JerseyRights and Protections for Workplace Health and Safety
All New Jersey workers, in both the public and private sectors, are entitled to certain workplace health and safety protections under the law.
If you believe your employer has violated a health and/or safety law at work, you can file a complaint.
If you work for a private business or nonprofite organization: You may file a complaint with the United States Occupational Safety and Health Administration (OSHA).
If you are a public employee (state or municipal worker): You may file a complaint with the NJ Department of Health (DOH) or with the NJ Department of Labor (DOL).
It is unlawful for your employer to retaliate against you for filing a complaint. Your identity and personally identifiable information shall be kept confidential to the extent practicable except where disclosure is deemed necessary for the enforcement of any State or Federal law. If you choose to file a complaint anonymously, you will not get status updates about your claim and neither you nor anyone else will receive any information about the claim.
Please visit the State’s COVID-19 Information Hub to learn how to get the vaccine in New Jersey.
Yes, employees can use their NJ Earned Sick Leave to get their COVID-19 vaccine, including for travel to and from their appointment and recovery from side effects. Under NJ state law, employers must provide up to 40 hours of paid earned sick leave per year to most full- and part-time employees, including migrant and seasonal employees. Learn more about the COVID-19 vaccine and NJ Earned Sick Leave at mysickdays.nj.gov.
Yes. An employer can require that an employee receive the COVID-19 vaccine in order to return to the workplace, unless the employee cannot get the vaccine because of a disability, because their doctor has advised them not to get the vaccine while pregnant or breastfeeding, or because of a sincerely held religious belief, practice, or observance.
If an employee has a disability that precludes them from getting a COVID-19 vaccine, has been specifically advised by their doctor not to get the COVID-19 vaccine while pregnant or breastfeeding, or has a sincerely held religious belief, practice or observance that precludes them from getting a COVID-19 vaccine, their employer must provide a reasonable accommodation from their mandatory vaccine policy, unless doing so would impose an undue burden on their operations. Safety—your safety as well as the safety of your coworkers, clients, and customers—is a factor in evaluating whether a potential accommodation would be reasonable. An employer must base its decisions regarding any potential safety hazard on objective, scientific evidence, including evidence reflected in policies and guidance from federal, state, and local authorities (including the CDC), and not on unfounded assumptions or stereotypes.
A reasonable accommodation may include allowing the employee to continue to work remotely, or otherwise to work in a manner that would reduce or eliminate the risk of harm to other employees or to the public. A reasonable accommodation may also include providing the employee with personal protective equipment that sufficiently mitigates the employee’s risk of COVID-19 transmission and exposure.
Under the LAD, if there is no reasonable accommodation that your employer can provide that would mitigate the risk of COVID-19 transmission to its employees and customers, then your employer can enforce its policy of excluding unvaccinated employees from the physical workplace, even if you are unvaccinated because of a disability, pregnancy, or breastfeeding, or a sincerely held religious belief. However, that does not mean that your employer can automatically discipline you if you cannot get vaccinated, as the employer may be precluded from doing so by other laws, regulations, or policies.
For employers with a unionized workforce, the applicable collective bargaining agreement already may vest the employer with the management right to unilaterally develop and implement a vaccine program.
The U.S. Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights enforce these laws, not the New Jersey Department of Labor. See question K.1-K.7 of What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws for more information on protections from the U.S. Equal Employment Opportunity Commission, and see https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/covid-19-faqs/ for more information on protections enforced by the New Jersey Division on Civil Rights.
Yes. An employer may require a negative COVID-19 test before permitting all employees to enter the workplace. They may also administer screening or testing to one employee if they “have a reasonable belief based on objective evidence that this person might have the disease.” However, pursuant to the Americans with Disabilities Act (ADA), an employer may not use an antibody test result as a basis for a decision regarding whether to permit an employee to return to the workplace. The U.S. Equal Employment Opportunity Commission enforces the ADA, not the New Jersey Department of Labor. See question A.6-A.9 of What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws for more information.
For taking leave under NJDOL laws, no. If an employer may require medical provider documentation under the law, it does not have to include a positive test result. In addition, exposure to COVID-19 and a doctor’s order to quarantine is a qualifying reason for leave under these laws.
- Under NJ law, employers are prohibited from firing or otherwise punishing you if you request time off or take time off from work if you have or likely have COVID-19. COVID-19 related job-protection is based on a medical provider’s determination. You are not required to show a positive test result to your employer but your employer may require medical documentation confirming your diagnosis and recommendation for time off. Learn more: nj.gov/labor/covidretaliation
- If you use your NJ Earned Sick Leave for a day, or two days in a row, your employer may not require documentation. If you use your NJ Earned Sick Leave for three or more consecutive workdays, or certain dates specified by the employer, your employer can require reasonable documentation. The law prohibits employers from requiring your health care provider to specify the medical reason for your leave, so your employer may not require you to show a positive test result to use your NJ Earned Sick Leave. Learn more: myleavebenefits.nj.gov/
- To receive NJ Temporary Disability Insurance because you have or likely have COVID-19 and need to quarantine or receive treatment, you will need certification from your medical provider to confirm the period you are unable to work. You are not required to show a positive test result to your employer for Temporary Disability. Learn more: https://www.myleavebenefits.nj.gov/worker/tdi/
Your employer may voluntarily offer other paid leave if you were diagnosed with or are likely to have COVID-19. According to the Americans with Disabilities Act (ADA), an employer can only require a mandatory medical test of employees that is “job related and consistent with business necessity.” See question A.6 of What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws for more information.
Additionally, the CDC recommends that employers do not require a positive test result from an employee to validate their illness or qualify for sick leave.
Depending on your individual situation, you may be eligible for paid leave, or other benefits and protections. Read more below.
You may receive communications from health authorities for contact tracing purposes. Be sure to answer contact tracing phone calls and messages – help stop the spread. Learn more about contact tracing here.
- COVID-19 Job Protection: During the COVID-19 Pandemic and related Public Health Emergency and State Emergency, it was unlawful for your employer to fire or otherwise punish you if you requested time off or took time off from work based on a medical professional’s determination that you had, or were likely to have had, COVID-19. Learn more and file a complaint here.
- Federal Emergency Paid Sick Leave: Your employer may provide you with 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/coronavirus/new-employer-tax-credits.
- NJ Earned Sick Leave: You may be entitled to paid sick leave under State law. Most NJ workers are entitled to up to 40 hours of Earned Sick Leave to care for themselves or a loved one. Learn more here.
- NJ Temporary Disability Insurance: Temporary Disability Benefits can partially replace your wages when you have to stop working due to an illness, injury or other disability unrelated to work, including COVID-19. Most NJ workers are eligible. Learn more at myleavebenefits.nj.gov.
- Workers’ Compensation: If you were exposed to COVID-19 in the workplace, you may be eligible for Workers’ Compensation, which provides benefits to employees who suffer job-related injuries or illnesses. Learn more here.
- NJ Family Leave Act: If you are eligible and work for a covered employer, you could be entitled to up to 12 weeks of job-protected leave to care for a loved one in a two-year period. Learn more here.
The most up-to-date information on the distribution of vaccines, current eligibility for vaccination, and preregistration can be found on New Jersey's COVID-19 Information Hub at covid19.nj.gov/vaccine.
Click here for the state’s COVID-19 Vaccine Promotion toolkit and other resources.
Yes, employees can use their NJ Earned Sick Leave to get their COVID-19 vaccine, including for travel to and from their appointment and recovery from side effects. Under NJ state law, employers must provide up to 40 hours of paid earned sick leave per year to most full- and part-time employees, including migrant and seasonal employees. Learn more about the COVID-19 vaccine and NJ Earned Sick Leave at mysickdays.nj.gov.
Yes. An employer can require that an employee receive the COVID-19 vaccine in order to return to the workplace, unless the employee cannot get the vaccine because of a disability, because their doctor has advised them not to get the vaccine while pregnant or breastfeeding, or because of a sincerely held religious belief, practice, or observance.
If an employee has a disability that precludes them from getting a COVID-19 vaccine, has been specifically advised by their doctor not to get the COVID-19 vaccine while pregnant or breastfeeding, or has a sincerely held religious belief, practice or observance that precludes them from getting a COVID-19 vaccine, their employer must provide a reasonable accommodation from their mandatory vaccine policy, unless doing so would impose an undue burden on their operations. Safety—your safety as well as the safety of your coworkers, clients, and customers—is a factor in evaluating whether a potential accommodation would be reasonable. An employer must base its decisions regarding any potential safety hazard on objective, scientific evidence, including evidence reflected in policies and guidance from federal, state, and local authorities (including the CDC), and not on unfounded assumptions or stereotypes.
A reasonable accommodation may include allowing the employee to continue to work remotely, or otherwise to work in a manner that would reduce or eliminate the risk of harm to other employees or to the public. A reasonable accommodation may also include providing the employee with personal protective equipment that sufficiently mitigates the employee’s risk of COVID-19 transmission and exposure.
Under the LAD, if there is no reasonable accommodation that an employer can provide that would mitigate the risk of COVID-19 transmission to its employees and customers, then an employer can enforce its policy of excluding unvaccinated employees from the physical workplace, even if they are unvaccinated because of a disability, pregnancy, or breastfeeding, or a sincerely held religious belief. However, that does not mean that an employer can automatically discipline an employee if they cannot get vaccinated, as the employer may be precluded from doing so by other laws, regulations, or policies.
For employers with a unionized workforce, the applicable collective bargaining agreement already may vest the employer with the management right to unilaterally develop and implement a vaccine program.
The U.S. Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights enforce these laws, not the New Jersey Department of Labor. See question K.2-K.7 of What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws for more information on protections from the U.S. Equal Employment Opportunity Commission, and see https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/covid-19-faqs/ for more information on protections enforced by the New Jersey Division on Civil Rights.
For taking leave under NJDOL laws, no. If an employer may require medical provider documentation under the law, it does not have to include a positive test result. In addition, exposure to COVID-19 and a doctor’s order to quarantine is a qualifying reason for leave under these laws.
- During the COVID-19 Pandemic and related Public Health Emergency and State Emergency, it was unlawful to fire or otherwise punish an employee that requested time off or took time off from work based on a medical professional’s determination that they had, or were likely to have, COVID-19. Employees were not required to show a positive test result to their employer. Learn more here.
- If they use their NJ Earned Sick Leave for a day, or two days in a row, you, the employer, may not require documentation. If they use their NJ Earned Sick Leave for three or more consecutive workdays, or certain dates specified by you, the employer, you can require reasonable documentation. The law prohibits employers from requiring the employee’s health care provider to specify the medical reason for leave, so you may not require them to show a positive test result to use their NJ Earned Sick Leave. Learn more: myleavebenefits.nj.gov
- To receive NJ Temporary Disability Insurance because an employee has or likely has COVID-19 and needs to quarantine or receive treatment, they will need certification from their medical provider to confirm the period they are unable to work. They are not required to show a positive test result to you, the employer, for Temporary Disability. Learn more: www.myleavebenefits.nj.gov/worker/tdi/
You, the employer, may voluntarily offer other paid leave if your employee was diagnosed with or is likely to have COVID-19. According to the Americans with Disabilities Act (ADA), an employer can only require a mandatory medical test of employees that is “job related and consistent with business necessity.” See question A.6 of What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws for more information.
Additionally, the CDC recommends that employers do not require a positive test result from an employee to validate their illness or qualify for sick leave.
Yes. An employer may require a negative COVID-19 test before permitting all employees to enter the workplace. They may also administer screening or testing to one employee if they “have a reasonable belief based on objective evidence that this person might have the disease.” However, pursuant to the Americans with Disabilities Act (ADA), an employer may not use an antibody test result as a basis for a decision regarding whether to permit an employee to return to the workplace. The U.S. Equal Employment Opportunity Commission enforces the ADA, not the New Jersey Department of Labor. See question A.6-A.9 of What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws for more information.
When employees understand their rights and protections, it helps keep your workplace healthy and safe. Make sure you’re familiar with state and federal paid leave and job protection laws (see below), and share this information with your employees. If a worker is diagnosed with or exposed to COVID-19, and understands their rights and protections, they’ll be more likely to stay home – keeping you and the rest of your workforce safe.
An employee who has been diagnosed with or exposed to COVID-19 may receive communications from health authorities for contact tracing purposes. Encourage employees to answer contact tracing phone calls and messages, and proactively inform them of their paid leave and job protection rights and protections. Learn more about contact tracing here.
- COVID-19 Job Protection: It was unlawful to fire or otherwise punish an employee who requested time off or took time off from work based on a medical professional’s determination that the employee had, or was likely to have had, COVID-19. The law only applied during the COVID-19 Pandemic and related Public Health Emergency and State Emergency. Learn more and file a complaint here.
- Federal Emergency Paid Sick Leave: You may be able to provide your employees with federal paid sick leave. You are not required to provide this leave after December 31, 2020, but may voluntarily do so and receive a tax credit. Learn more at dol.gov and irs.gov/coronavirus/new-employer-tax-credits.
- NJ Earned Sick Leave: Most NJ workers are entitled to up to 40 hours of paid sick leave to care for themselves or a loved one. Learn more at mysickdays.nj.gov.
- NJ Temporary Disability Insurance: Temporary Disability Benefits can partially replace employee wages when they have to stop working due to an illness, injury or other disability unrelated to work, including COVID-19. Learn more at myleavebenefits.nj.gov.
- Workers’ Compensation: A worker who is exposed to COVID-19 in the workplace may be eligible for Workers’ Compensation, which provides benefits to employees who suffer job-related injuries or illnesses. Learn more here.
- NJ Family Leave Act: Eligible employees under covered employers are entitled to up to 12 weeks of job-protected leave to care for a loved one in a two-year period. Learn more here.
New Jersey PPE Access Program provides micro and small businesses with the information needed to make easier and more informed PPE sourcing decisions. A vetted list of online retailers verify the quality of the PPE they are selling and offer at least a 10% discount to businesses that enter through the State's website. Information about the NJ PPE Access Program is available here.
PSOSH is here to help employers reach and maintain compliance proactively and offers a variety of trainings and consultations to employers in the public and private sector, including COVID-19 specific training.
For consultations: www.nj.gov/labor/PEOSHconsultation
For trainings: www.nj.gov/labor/training
Ask your questions at (609) 633-2587 or SafetyTraining@dol.nj.gov
NJDOL
- Retaliation protections
- Worker protection laws on minimum wage, overtime and more
- Workers' compensation: employees’ rights when injured at work
- Employee misclassification: independent contractors and 1099 employees
- Frequently asked questions during the coronavirus emergency
- Employee benefits and the coronavirus (COVID-19)
- NJ adjusted CDC daily health screening template
State resources
- COVID-19 Portal – General Information about COVID-19 in NJ
- Safe NJ – Specific COVID-19 Information for Employees in NJ
- Safety Requirements by Sector
- NJ Division of Civil Rights anti-discrimination resources during COVID-19
- File a complaint with the Division on Civil Rights
- NJ Department of Human Services COVID-19 guidance for individuals, families and providers
- Licensing & Certification Guide for NJ – Employers’ permits, licenses and certifications requirements needed to operate in New Jersey
- Expanding Testing Capacity and Contact Tracing in New Jersey
- NJ PPE Access Program
- Directory of Local Health Departments (to report known COVID-19 cases)
- COVID-19 Testing Sites
- NJDOH guidance on quarantine
- NJDOH definition of “close contact”
- Phone calls for general COVID-19 questions: 211 (multilingual staff will assist)
- Phone calls for clinical COVID-19 questions: 800-962-1253 (multilingual staff will assist)
Federal resources
- CDC COVID-19 page
- OSHA COVID-19 page
- CDC hand hygiene posters and other “How to Protect Yourself and Others” materials
- The Benefits of Cloth Masks to Stop the Spread (CDC)
- CDC Reopening Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes
- EPA-registered disinfectants
Workplace Health and Safety Training Resources for Employers
For consultations: www.nj.gov/labor/PEOSHconsultation
For trainings: www.nj.gov/labor/training
Ask your questions at 609-633-2587 or SafetyTraining@dol.nj.gov
Please check back, as we will continue to update this page as new guidance becomes available.
