Official Site of The State of New JerseyCOVID-19 Rights and Protections for Workplace Health and Safety
New Jersey now has requirements for every employer – business, nonprofit, governmental and educational entities – to protect employees, customers and others who come into physical contact with its operations from COVID-19. The requirements address such measures as social distancing, wearing face masks, health checks, and cleaning and disinfecting high-touch areas. The full text of Governor Murphy’s Executive Order 192, signed October 28, 2020, is available here.
The New Jersey Division of Public Safety and Occupational Health and Safety (PSOSH) investigates COVID-19 workplace health and safety complaints and partners with other state agencies to enforce work rights and protections.
Immigrants and refugees are welcome in New Jersey. These rights and protections apply to all employees in our state, regardless of their immigration status.
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.
Under Executive Order 192, signed October 28, 2020, your employer must adhere to certain protocols to protect employees, customers, and others who come into contact with the business, from COVID-19. In addition, they must continue to follow guidelines and directives issued by the New Jersey Department of Health (DOH), the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA), as applicable, for maintaining a clean, safe and healthy work environment.
1. Social Distancing
Employers must require that individuals maintain at least six feet of distance from one another to the maximum extent possible. This includes, but is not limited to, during meetings, orientations, and similar activities that would normally require people to be together in a single room or space, in close proximity. It also includes common areas such as restrooms and breakrooms, and when people are entering and exiting the worksite. Where the nature of an employee’s work or the work area does not allow for six feet of distance to be maintained at all times, employers must ensure that each such employee wears a mask in accordance with the face mask requirements described below, and must install physical barriers.
2. Face Masks
- Employers must require that employees, customers, visitors, and other individuals entering the worksite wear cloth or disposable face masks while on the premises, according to CDC recommendations.
- There are some exceptions to the mask wearing protocols:
- Where the individual is under 2 years of age, face masks should not be worn.
- When impracticable; an individual would not need to wear a mask, for example, when eating or drinking or when receiving a service that requires access to an individual’s face.
- School districts have their own face mask policy laid out in Executive Order 175.
Face mask requirements specific to employees:
- When an employee is situated at their workstation and is more than six feet from other individuals at the workplace, or when the individual is alone in a walled office, employers may permit employees to remove their face masks.
- Employers must provide, at their expense, face masks for their employees.
- Nothing in Executive Order 192 prevents employees from wearing a surgical-grade mask or other more protective equipment if the employee is already in possession of such equipment, or if the business is already required to provide employees with more protective equipment because the work performed requires stricter protections.
- Employers may deny any employee entry to the worksite who declines to wear a face mask, except when doing so would violate any state or federal law.
- Where an employee cannot wear a mask because of a disability, an employer may, consistent with the Americans with Disabilities Act (ADA) and/or New Jersey Law Against Discrimination (NJLAD), be required to provide the employee with a reasonable accommodation unless doing so would be an undue burden on the employer’s operations. An employer may require an employee to produce medical documentation supporting the employee’s claim that they are unable to wear a face mask because of a disability.
Face mask requirements specific to customers and visitors:
- Employers may deny any customer or visitor entry to the worksite who declines to wear a face mask, except when doing so would violate state or federal law. For a customer or visitor who declines to wear a mask due to a disability, the employer may be required to provide service or goods via a reasonable accommodation, consistent with the ADA and the NJLAD, unless such accommodation would pose an undue burden on the employer’s operations.
- If a customer or visitor declines to wear a face mask due to a disability that inhibits such usage, the employer and/or employees may not require the individual to produce medical documentation verifying the stated condition, unless production is otherwise required by state or federal law.
3. Sanitization
- Employers must provide employees, customers and visitors with sanitization materials, such as hand sanitizer and sanitizing wipes, at no cost to those individuals.
- Hand sanitizers and wipes must be approved by the federal Food and Drug Administration (FDA) or contain at least 60% alcohol. See FDA guidelines on hand sanitizer here.
4. Hand Hygiene
- Employers must ensure that employees practice regular hand hygiene, particularly when employees are interacting with the public, provide employees break time for repeated handwashing during the workday, and provide access to adequate hand washing facilities.
- If an employer requires employees to wear gloves at the worksite, the employer must provide the gloves to the employee.
5. Cleaning and Disinfecting
- Employers must routinely clean and disinfect high-touch areas in accordance with DOH and CDC guidelines, particularly in spaces that are accessible to employees, customers, or other individuals, including, but not limited to, restrooms, hand rails, door knobs, other common surfaces, safety equipment, and other frequently touched surfaces including employee-used equipment.
- After a known or potential exposure to COVID-19 at the worksite, employers must ensure cleaning in compliance with CDC recommendations.
6. Daily Health Checks
- Prior to each shift, employers must conduct daily health checks, such as temperature screenings, visual symptom checks, self-assessment checklists, and/or health questionnaires, consistent with CDC guidance.
- Also, using CDC guidance, employers are to stay appraised of the evolving list of COVID-19 related symptoms.
- Daily health checks of employees must be consistent with the confidentiality requirements of the ADA, LAD, and other applicable laws, and consistent with any guidance from the Equal Employment Opportunity Commission (EEOC) and the New Jersey Division on Civil Rights.
- An example of a daily health screening log is available here.
7. In Case of Symptoms or Exposure
- Employers must immediately physically separate and send home employees who appear to have symptoms consistent with COVID-19 illness upon arrival at work or who become sick during the day.
- Employers who are subject to the New Jersey Earned Sick Leave Law, New Jersey Family Leave Act, and/or federal leave laws must continue to follow the requirements of the law, including by allowing individuals to use accrued paid and/or job-protected leave in the manner permitted by law, when requiring employees to leave the workplace in accordance with the provisions of Executive Order 192.
- Employers must promptly notify employees of any known exposure to COVID-19 at the worksite, consistent with the confidentiality requirements of the ADA and any other applicable laws, and consistent with guidance from the EEOC.
- When an employee at the worksite has been diagnosed with COVID-19, the employer must clean and disinfect the worksite in accordance with CDC guidelines.
- Under a separate law, it is unlawful for an employer to fire or otherwise punish an employee who requests time off or takes time off of work based on a medical professional’s determination that the employee has, or is likely to have, COVID-19. Learn more about the COVID-19 related anti-discrimination law here. See more information about worker benefits and protections in the tab titled, “I’ve been diagnosed with or exposed to coronavirus and I cannot afford to lose my job or take unpaid time off. Is there any help available?” Learn more about additional employee protection laws, and how to file a complaint, at myworkrights.nj.gov.
8. Exceptions for Certain Employees
- The protocols do not apply when they would interfere with the discharge of the operational duties of first responders, emergency management personnel, emergency dispatchers, health care personnel, public health personnel, court personnel, law enforcement and corrections personnel, hazardous materials responders, transit workers, child protection and child welfare personnel, housing and shelter personnel, military employees, and governmental employees engaged in emergency response activities.
- The measures above do not apply to employees employed by the United States government.
- Religious institutions are exempt when these measures would prohibit the free exercise of religion.
A business may require an employee to produce medical documentation supporting the employee’s claim that they are unable to wear a face mask because doing so would inhibit the individual’s health. In addition, employers may, consistent with the Americans with Disabilities Act (ADA), and the New Jersey Law Against Discrimination (NJLAD), deny entry to the worksite to any person who refuses to wear a face mask when otherwise required pursuant to Executive Order 192.
If a customer or visitor refuses to wear a face mask for any reason, the employer is authorized to decline entry to the individual, unless otherwise prohibited by state or federal law. If a customer or other visitor declines to wear a face mask at the worksite due to a medical condition, neither the business nor its employees can require the individual to produce medical documentation verifying the stated condition.
Employers may, consistent with the Americans with Disabilities Act (ADA), and the New Jersey Law Against Discrimination (NJLAD), deny entry to the worksite to any person who refuses to wear a face mask when otherwise required pursuant to Executive Order 192. The employer may be required to provide a customer or visitor who declines to wear a mask due to a disability services or goods via a reasonable accommodation, pursuant to ADA and NJLAD, unless such accommodation would pose an undue hardship on the employer’s operations.
“Telework” means the practice of working from home or alternative locations closer to home through the use of technology that equips the individual to access necessary materials.
In case of on-site work, EO 192 references Executive Order No. 107. Under Executive Order No. 107, businesses and non-profits are required to accommodate their workforce, wherever practicable, for telework or work-from-home arrangements. Employers whose employees need to be physically present at their work site in order to perform their duties should make best efforts to reduce staff on site to the minimal number necessary to ensure the continuation of essential operations.
If you work for a business that is subject to additional protocols outlined in an executive order, administrative order, or similar directive, the business must continue to follow those requirements. Learn more here.
Yes. DOL is partnering with Rutgers Occupational Training and Education Consortium (OTEC) who is overseeing a COVID-19 training and awareness program to workers across the state.
Through self-directed 1-hour online trainings, 2-hour online trainings led by expert virtual trainers, and increased community awareness campaigns in hard to reach communities via socially distanced one-to-one contacts campaigns and text messaging/social media campaigns, the program informs, educates and empowers workers to reduce the risks and protect themselves, their co-workers, their families, and communities from exposure to COVID-19.
Learn more about this training program and take a training here: https://covid19.nj.gov/pages/safe
It’s important to know that it’s unlawful for your employer to fire or punish you if you need time off because you have or are likely to have COVID-19. In addition, depending on your individual situation, you may be eligible for paid leave, or other benefits and protections. Read more below.
See our benefit eligibility tool, getstarted.nj.gov, and learn about more worker protection laws at myworkrights.nj.gov.
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: It’s unlawful for your employer to fire or otherwise punish you if you request time off or take time off from work based on a medical professional’s determination that you have, or are likely to have, COVID-19. The law applies 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: 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 at mysickdays.nj.gov.
- 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 at njcivilrights.gov.
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.
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.
- Under NJ law, employers are prohibited from firing or otherwise punishing an employee if they request time off or take time off from work if they have or likely have COVID-19. COVID-19 related job-protection is based on a medical provider’s determination. Employees are not required to show a positive test result to you, the employer, but you may require medical documentation confirming their diagnosis and recommendation for time off. Learn more: nj.gov/labor/covidretaliation
- 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.
Under Executive Order 192, signed October 28, 2020, employers must adhere to certain protocols to protect employees, customers, and others who come into contact with the business, from COVID-19. In addition, they must continue to follow guidelines and directives issued by the New Jersey Department of Health (DOH), the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA), as applicable, for maintaining a clean, safe and healthy work environment.
1. Social Distancing
Employers must require that individuals maintain at least six feet of distance from one another to the maximum extent possible. This includes, but is not limited to, during meetings, orientations, and similar activities that would normally require people to be together in a single room or space, in close proximity. It also includes common areas such as restrooms and breakrooms, and when people are entering and exiting the worksite. Where the nature of an employee’s work or the work area does not allow for six feet of distance to be maintained at all times, employers must ensure that each such employee wears a mask in accordance with the face mask requirements described below.
2. Face Masks
- Employers must require that employees, customers, visitors, and other individuals entering the worksite wear cloth or disposable face masks while on the premises, according to CDC recommendations.
- There are some exceptions to the mask wearing protocols:
- Where the individual is under 2 years of age, face masks should not be worn.
- When impracticable; an individual would not need to wear a mask, for example, when eating or drinking or when receiving a service that requires access to an individual’s face.
- School districts have their own face mask policy laid out in Executive Order 175.
Face mask requirements specific to employees:
- When an employee is situated at their workstation and is more than six feet from other individuals at the workplace, or when the individual is alone in a walled office, employers may permit employees to remove their face masks.
- Employers must provide, at their expense, face masks for their employees.
- Nothing in Executive Order 192 prevents employees from wearing a surgical-grade mask or other more protective equipment if the employee is already in possession of such equipment, or if the business is already required to provide employees with more protective equipment because the work performed requires stricter protections.
- Employers may deny any employee entry to the worksite who declines to wear a face mask, except when doing so would violate any state or federal law.
- Where an employee cannot wear a mask because of a disability, an employer may, consistent with the Americans with Disabilities Act (ADA) and/or New Jersey Law Against Discrimination (NJLAD), be required to provide the employee with a reasonable accommodation unless doing so would be an undue burden on the employer’s operations. An employer may require an employee to produce medical documentation supporting the employee’s claim that they are unable to wear a face mask because of a disability.
Face mask requirements specific to customers and visitors:
- Employers may deny any customer or visitor entry to the worksite who declines to wear a face mask, except when doing so would violate state or federal law. For a customer or visitor who declines to wear a mask due to a disability, the employer may be required to provide service or goods via a reasonable accommodation, consistent with the ADA and the NJLAD, unless such accommodation would pose an undue burden on the employer’s operations.
- If a customer or visitor declines to wear a face mask due to a disability that inhibits such usage, the employer and/or employees may not require the individual to produce medical documentation verifying the stated condition, unless production is otherwise required by state or federal law.
3. Sanitization
- Employers must provide employees, customers and visitors with sanitization materials, such as hand sanitizer and sanitizing wipes, at no cost to those individuals.
- Hand sanitizers and wipes must be approved by the federal Food and Drug Administration (FDA) or contain at least 60% alcohol. See FDA guidelines on hand sanitizer here.
4. Hand Hygiene
- Employers must ensure that employees practice regular hand hygiene, particularly when employees are interacting with the public, provide employees break time for repeated handwashing during the workday, and provide access to adequate hand washing facilities.
- If an employer requires employees to wear gloves at the worksite, the employer must provide the gloves to the employee.
5. Cleaning and Disinfecting
- Employers must routinely clean and disinfect high-touch areas in accordance with DOH and CDC guidelines, particularly in spaces that are accessible to employees, customers, or other individuals, including, but not limited to, restrooms, hand rails, door knobs, other common surfaces, safety equipment, and other frequently touched surfaces including employee-used equipment.
- After a known or potential exposure to COVID-19 at the worksite, employers must ensure cleaning in compliance with CDC recommendations.
6. Daily Health Checks
- Prior to each shift, employers must conduct daily health checks, such as temperature screenings, visual symptom checks, self-assessment checklists, and/or health questionnaires, consistent with CDC guidance.
- Also, using CDC guidance, employers are to stay appraised of the evolving list of COVID-19 related symptoms.
- Daily health checks of employees must be consistent with the confidentiality requirements of the ADA, LAD, and other applicable laws, and consistent with any guidance from the Equal Employment Opportunity Commission (EEOC) and the New Jersey Division on Civil Rights.
- An example of a daily health screening log is available here.
7. In Case of Symptoms or Exposure
- Employers must immediately physically separate and send home employees who appear to have symptoms consistent with COVID-19 illness upon arrival at work or who become sick during the day.
- Employers who are subject to the New Jersey Earned Sick Leave Law, New Jersey Family Leave Act, and/or federal leave laws must continue to follow the requirements of the law, including by allowing individuals to use accrued paid and/or job-protected leave in the manner permitted by law, when requiring employees to leave the workplace in accordance with the provisions of Executive Order 192.
- Employers must promptly notify employees of any known exposure to COVID-19 at the worksite, consistent with the confidentiality requirements of the ADA and any other applicable laws, and consistent with guidance from the EEOC.
- When an employee at the worksite has been diagnosed with COVID-19, the employer must clean and disinfect the worksite in accordance with CDC guidelines.
- Under a separate law, it is unlawful for an employer to fire or otherwise punish an employee who requests time off or takes time off of work based on a medical professional’s determination that the employee has, or is likely to have, COVID-19. Learn more about the COVID-19 related anti-discrimination law here. See more information about worker benefits and protections in the tab titled, “I’ve been diagnosed with or exposed to coronavirus and I cannot afford to lose my job or take unpaid time off. Is there any help available?” Learn more about additional employee protection laws, and how to file a complaint, at myworkrights.nj.gov.
8. Exceptions for Certain Employees
- The protocols do not apply when they would interfere with the discharge of the operational duties of first responders, emergency management personnel, emergency dispatchers, health care personnel, public health personnel, court personnel, law enforcement and corrections personnel, hazardous materials responders, transit workers, child protection and child welfare personnel, housing and shelter personnel, military employees, and governmental employees engaged in emergency response activities.
- The measures above do not apply to employees employed by the United States government.
- Religious institutions are exempt when these measures would prohibit the free exercise of religion.
A business may require an employee to produce medical documentation supporting the employee’s claim that they are unable to wear a face mask because doing so would inhibit the individual’s health. In addition, employers may, consistent with the Americans with Disabilities Act (ADA), and the New Jersey Law Against Discrimination (NJLAD), deny entry to the worksite to any person who refuses to wear a face mask when otherwise required pursuant to Executive Order 192.
If a customer or visitor refuses to wear a face mask for any reason, the employer is authorized to decline entry to the individual, unless otherwise prohibited by state or federal law. If a customer or other visitor declines to wear a face mask at the worksite due to a medical condition, neither the business nor its employees can require the individual to produce medical documentation verifying the stated condition.
Employers may, consistent with the Americans with Disabilities Act (ADA), and the New Jersey Law Against Discrimination (NJLAD), deny entry to the worksite to any person who refuses to wear a face mask when otherwise required pursuant to Executive Order 192. The employer may be required to provide a customer or visitor who declines to wear a mask due to a disability services or goods via a reasonable accommodation, pursuant to ADA and NJLAD, unless such accommodation would pose an undue hardship on the employer’s operations.
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’s unlawful to fire or otherwise punish an employee who requests time off or takes time off from work based on a medical professional’s determination that the employee has, or is likely to have, COVID-19. The law only applies 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 at njcivilrights.gov.
Share our benefit eligibility tool, getstarted.nj.gov, with your employees, and learn more about additional worker protection laws at myworkrights.nj.gov.
“Telework” means the practice of working from home or alternative locations closer to home through the use of technology that equips the individual to access necessary materials.
Under Executive Order No. 107, businesses and non-profits are required to accommodate their workforce, wherever practicable, for telework or work-from-home arrangements. Employers whose employees need to be physically present at their work site in order to perform their duties should make best efforts to reduce staff on site to the minimal number necessary to ensure the continuation of essential operations.
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
If your business or organization is subject to additional protocols previously outlined in an executive order, administrative order, or similar directive, you must continue to adhere to those stricter requirements. Learn more here.
NJDOL
- Employer Slide Show on Health & Safety During COVID-19
- 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
- Protections against COVID-19 related discrimination at work
- Returning to work amid COVID-19
- Frequently asked questions during the coronavirus emergency
- Work and Back to School Amid COVID-19
- 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
File a COVID-19 Workplace Health and Safety Complaint | Presentar una queja
If you work for a private business or nonprofit organization, and you believe that your employer has created an unhealthy or unsafe workplace due to its failure to meet any of the requirements of Executive Order 192, you may file a complaint through our secure online form.
Are you a public employee (state/municipal) with workplace health and safety concerns, including COVID-19 specific under Executive Order 192? File a complaint with DOH here or with DOL here.
If you want to file a complaint about an executive order violation that is not about COVID-19 workplace safety and health, please click here.
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.
Contact PSOSH about Workplace Health and Safety Questions and Concerns
Email: covid.safety@dol.nj.gov
Phone: 609-292-0767
Workplace Health and Safety Training Resources
Workers
Go to https://covid19.nj.gov/pages/safe
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
We want to make it easier for you to understand what benefits and protections are available to you during this difficult time. Our Benefits Eligibility Tool will check your eligibility for programs based on the information you provide.
