Returning to Work Amid COVID-19
FAQ on unemployment, worker health & safety protections, and caregiving
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Many workers have questions about unemployment benefits, workplace health and safety, and caregiving. The information below will help explain whether benefits may still be available in certain scenarios, and describe some of the laws that employees should be aware of as they return to work.
Keep in mind:
• In most cases, you can't collect Unemployment Insurance (UI) benefits if you voluntarily quit or refuse suitable work; exceptions could occur where an individual quits or refuses work because the work poses a high degree of risk to health and safety.
• Pandemic Unemployment Assistance (PUA) may be available to those who cannot work or must work reduced hours due to COVID-19, including because of school and care facility closures.
• NJDOL examines cases on an individual basis, and makes eligibility determinations in accordance with the law.
• The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
For additional details, see NJDOL’s guidance.
Click here for information on other worker benefits and protections.
Employers and businesses: Click here for more information.
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.
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 were prohibited from firing or otherwise punishing you if you requested time off or took time off from work if you had or likely had COVID-19. This law applies to actions taken during the public health emergency, from March 20th, 2020, through June 4th, 2021. Learn more here. 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 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.
Generally, individuals receiving regular unemployment compensation must act upon any referral to suitable employment and must accept any offer of suitable work. Barring unusual circumstances, a request that a furloughed employee return to his or her job very likely constitutes an offer of suitable employment that the employee must accept. See NJDOL’s guidance for further details and the question on the definition of suitable work.
If you were furloughed because your employer was closed as a direct result of COVID-19 you would potentially be eligible for PUA while the employer remained closed. However, as soon as the business reopens and you are recalled for work, eligibility for PUA would cease unless you identify some other qualifying circumstance to receive PUA, as outlined in the CARES Act.
If you are experiencing one of the qualifying COVID-19 reasons and you refuse to return to work, then you may be eligible for PUA. In this case, inform your employer of your plan to receive unemployment assistance for a PUA reason, continue weekly certification and follow the COVID-19 certification guide. If eligible, your claim will be transitioned to PUA. Please note that if your employer reports your refusal to work, your benefits may be put on hold while it is adjudicated. Adjudication currently takes four to six weeks due to unprecedented volume.
See also the USDOL FAQ: https://www.dol.gov/coronavirus/unemployment-insurance
See NJDOL’s guidance on refusing an offer of suitable work for health and safety concerns. While in most cases a claimant cannot refuse “suitable work” and collect benefits, where the work poses a high degree of risk to health and safety to the claimant, he or she can refuse to accept the “unsuitable work” and continue to collect benefits. These determinations are highly fact-specific and are determined on a case-by-case basis. If the employee is found to be ineligible for unemployment benefits, they must return any benefits received after receiving the offer of suitable work.
An individual with these concerns may be eligible for PUA if “the individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.” (See Unemployment Insurance Program Letter No. 16-20.) According to federal guidance documents, this would apply to an individual who has been advised by a qualified medical professional that he or she may be infected with the coronavirus and that he or she therefore should self-quarantine. For example, if the individual had direct contact with another person who has tested positive or been diagnosed with COVID-19, and is advised by a health care provider to self-quarantine to prevent further possible spread of the virus.
Agricultural employers are urged to review this joint guidance. (Please watch for updates regarding the 2021 season.)
In addition, this would apply to “high-risk” individuals with underlying health concerns. Such individuals could receive PUA if they were advised by a health care provider to self-quarantine “in order to avoid the greater-than-average risks that the individual might face if he or she were to become infected by the coronavirus.” This can include, but is not limited to, an individual with an “immune system [that] is compromised by virtue of a serious health condition.” (See Unemployment Insurance Program Letter No. 16-20.) Note that the Centers for Disease Control has identified the following underlying medical conditions as presenting a greater risk of serious complications from contracting COVID-19:
- chronic lung disease or moderate to severe asthma
- serious heart conditions
- individuals who are immunocompromised, including those who have had cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, and prolonged use of corticosteroids and other immune weakening medications
- severe obesity (body mass index [BMI] of 40 or higher)
- diabetes
- chronic kidney disease including dialysis
- liver disease
If you are experiencing one of the qualifying COVID-19 reasons, and you refuse to return to work, inform your employer of your plan to receive unemployment assistance for a PUA reason, continue weekly certification and follow the COVID-19 certification guide. If eligible, your claim will be transitioned to PUA. Please note that if your employer reports your refusal to work, your benefits may be put on hold while it is adjudicated. Adjudication currently takes four to six weeks due to unprecedented volume.
Under legislation signed by Governor Murphy on June 4, 2021, the majority of Executive Orders issued pursuant to the COVID-19 Public Health Emergency expired on June 4, 2021. This includes Executive Order 192, which provided many COVID-19 worker rights and protections.
However, certain federal COVID-19 worker rights and protections are in place for specific occupations and industries, such as healthcare workers and medical facilities. Learn more and stay up to date by visiting the Occupational Safety and Health Administration (OSHA) COVID-19 website: osha.gov/coronavirus.
Click here to learn more.
The Department will consider the following factors, judged with respect to the particular claimant, when determining whether work is considered “suitable:”
- the risk to the claimant’s health, safety, and morals;
- the claimant’s physical fitness and prior training;
- the claimant’s experience, prior earnings, and prior benefits;
- with respect to wages, the Department will consider work to be suitable where it pays at least 80% of the claimant’s average weekly wage (including the value of benefits) during the past year
- the claimant’s length of unemployment;
- the claimant’s prospects for finding work in his/her usual field; and,
- commuting distance.
Refusing an offer of suitable work would disqualify you from regular UI benefits, but you may be eligible for PUA if you are unable or unavailable to work due to a COVID-19 related reason, including: (1) you are the primary caregiver for care for a child whose school or place of care is closed due to COVID-19; (2) you need to care for a family or household member who has been diagnosed with COVID-19; or (3) you are sick, quarantined or exposed to coronavirus. See NJDOL’s guidance for the full list of PUA COVID-19 related reasons.
“Primary caregiving responsibility” for a child or other person in the household means the individual “is required to remain at home” to care for the child or other person. Although eligibility for PUA is usually limited if an individual can work remotely, if the provision of care “requires such ongoing and constant attention” that the individual cannot work effectively, the individual would be eligible for PUA.
With respect to schools, eligibility for PUA would not continue past the usual closing date of the 2019-2020 school year. However, PUA eligibility is not limited only to school closures, it extends to other facilities, such as daycare facilities and summer camps, that provide care and are closed due to COVID-19.
You may refuse to return to work full time and be eligible for PUA if you cannot work full time because your child’s school or place of care is closed due to COVID-19, but you are available to work part time from home. PUA can provide assistance to those who are partially employed due to COVID-19.
If your employer asks you to return to work, and will allow you to work from home, and you are caring for a more mature child who is able to care for themselves for much of the day, you likely would not be able to refuse work and qualify for PUA because you are still able to work.
If you are experiencing one of the qualifying COVID-19 reasons, and you refuse to return to work, inform your employer of your plan to receive unemployment assistance for a PUA reason, continue weekly certification and follow the COVID-19 certification guide. If eligible, your claim will be transitioned to PUA. Please note that if your employer reports your refusal to work, your benefits may be put on hold while it is adjudicated. Adjudication currently takes four to six weeks due to unprecedented volume.
Learn more about returning to work during remote learning here.
Please see the section on PUA, family/medical leave and job protection for important additional information.
See also USDOL’s guidance: https://wdr.doleta.gov/directives/attach/UIPL/UIPL_16-20.pdf
It depends. If your employer is covered under the New Jersey Family Leave Act (NJFLA) and you are an eligible employee, then you are generally entitled to up to 12 weeks of job-protected leave to care for a loved one in a two-year period. This includes leave to care for your child if their school or place of care is closed by order of a public official due to COVID-19 or another public health emergency during a state of emergency. Employers that are state or local government agencies, or companies or organizations with 30 or more employees worldwide, are covered under this law.
To be eligible for the job-protected leave, you must have been employed by the agency or company for at least one year and have worked at least 1,000 hours in the past 12 months. If you were on furlough or laid off due to the COVID-19 state of emergency, any time, up to a maximum of 90 calendar days, during the COVID-19 furlough or time of unemployment can be counted as time in which you were employed.
To calculate the “hours worked” per week during the COVID-19 furlough or unemployment, use the average number of hours you worked per week during the rest of the 12-month period. This leave can be taken on a consecutive, intermittent, or reduced leave basis. Though you could potentially receive unemployment benefits for more than 12 weeks once you have exhausted your 12 weeks of NJFLA leave, your employer is no longer required to hold your job.
To receive the NJFLA leave, you should inform your employer that you are accepting the offer to return to work and of your emergent need to take leave to care for your child whose school/place of care is closed due to COVID-19 (a covered reason under the NJFLA). NJDOL does not enforce the NJFLA; it is enforced by the Division on Civil Rights, within the Department of Law and Public Safety. Learn more here and here.
Separately, you could be eligible for Pandemic Unemployment Assistance (PUA) benefits, which may be available to those who cannot work or must work reduced hours due to COVID-19, including because of school and care facility closures. In your next weekly certification, follow the COVID-19 certification guide and answer YES to question 1 (were you able and available for work) and NO to question 3 (did you refuse any work). Continue to certify weekly following these instructions.
If you return to work and you’re caring for your children due to a COVID-19 school, summer camp, or childcare closure, or because your childcare provider is unavailable due to COVID-19, your employer may provide you with Federal Emergency Childcare Leave. Your employer is not required to provide you with it 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.
Finally, if you return to work you have the right to up to 40 hours of NJ Earned Sick Leave to care for yourself or your loved one, or your child due to a COVID-19 school/care closure; you accrue 1 hour of earned sick leave for every 30 hours you work or the leave may be provided to you in a lump sum. Learn more here.
It depends. If your employer is covered under the New Jersey Family Leave Act (NJFLA) and you are an eligible employee, then you are generally entitled to up to 12 weeks of job-protected leave to care for a seriously ill loved one in a two-year period. Employers that are state or local government agencies, or companies or organizations with 30 or more employees worldwide, are covered under this law.
To be eligible for the job-protected leave, you must have been employed by the agency or company for at least one year and have worked at least 1,000 hours in the past 12 months. If you were on furlough or laid off due to the COVID-19 state of emergency, any time, up to a maximum of 90 calendar days, during the COVID-19 furlough or time of unemployment can be counted as time in which you were employed.
To calculate the “hours worked” per week during the COVID-19 furlough or unemployment, use the average number of hours you worked per week during the rest of the 12-month period. This leave can be taken on a consecutive, intermittent, or reduced leave basis. Though you could potentially receive unemployment benefits for more than 12 weeks, once you have exhausted your 12 weeks of NJFLA leave, your employer is no longer required to hold your job.
To receive the NJFLA leave, you should inform your employer that you are accepting the offer to return to work and of your emergent need to take leave to care for your loved one with a diagnosis of COVID-19 (a covered reason under the NJFLA). NJDOL does not enforce the NJFLA; it is enforced by the Division on Civil Rights, within the Department of Law and Public Safety. Learn more here and here.
Separately, you could be eligible for Pandemic Unemployment Assistance (PUA) benefits, which may be available to those who cannot work or must work reduced hours due to COVID-19, including because of school and care facility closures. In your next weekly certification, follow the COVID-19 certification guide and answer YES to question 1 (were you able and available for work) and NO to question 3 (did you refuse any work). Continue to certify weekly following these instructions.
If you return to work your employer may provide you with Federal Emergency Paid Sick Leave to care for a family member. Your employer is not required to provide you with it 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.
If you return to work you may be eligible to receive NJ Family Leave Insurance benefits to care for your loved one. This program provides 12 weeks of partial wage replacement to care for a seriously ill or injured loved one. It’s unlawful for your employer to retaliate against you for utilizing your Family Leave Insurance benefits and you have the right to take legal action if that happens. If you have not exhausted NJFLA, your Family Leave Insurance period could overlap with NJFLA leave. Learn more here.
If you return to work you have the right to up to 40 hours of Earned Sick Leave to care for yourself or your loved one, or your child due to a COVID-19 school/care closure; you accrue 1 hour of earned sick leave for every 30 hours you work or the employer can provide it in a lump sum. Learn more here.
No, you are not disqualified from receiving PUA.
No, you are not disqualified from receiving PUA.
It depends. The Department will consider work to be suitable where it pays at least 80% of the claimant’s average weekly wage (including the value of benefits). The Department will also consider a reduction in hours; for example, if a job is changed from full-time to part-time. See question #4 above for more detail on “suitable work”.
Please note that if you refuse to return to work and your employer reports your refusal to work, your benefits may be put on hold while it is adjudicated. Adjudication currently takes four to six weeks due to unprecedented volume.
If NJDOL approves your application for unemployment you will be able to certify and claim benefits for any weeks that you were eligible for, even if the payments actually arrive after you have returned to work.
While in most cases a claimant cannot voluntarily quit a job and collect UI benefits, where a claimant can show “unsafe, unhealthful, or dangerous” working conditions, that were so intolerable that the claimant had “no choice but to leave the employment,” he or she could collect UI benefits. The burden of proof is on the employee to prove that they quit for good cause. Eligibility for unemployment benefits is highly fact-specific and determined on a case-by-case basis. If ineligible for regular UI benefits, the claimant could be assessed for PUA benefits. If the employee is found to be ineligible for unemployment benefits, they must return any collected benefits. See NJDOL’s guidance for more information.
As an alternative, an individual who quits his job because he was diagnosed with COVID-19 and cannot continue to work, or came into contact with an individual diagnosed with COVID-19 and a medical professional advised him to resign in order to quarantine, may be eligible for Pandemic Unemployment Assistance (PUA), which is a federal benefit that the state pays.
Example 1: An individual was diagnosed with COVID-19 by a qualified medical professional, and although the individual no longer has COVID-19, the illness caused health complications that render the individual objectively unable to perform his or her essential job functions, with or without a reasonable accommodation.
Example 2: An individual who has to quit his or her job due to coming in direct contact with someone who has tested positive for the coronavirus or has been diagnosed by a medical professional as having COVID-19, and, on the advice of a qualified medical health professional, is required to resign from his or her position in order to quarantine.
No, you may be eligible for PUA even if you do not officially quit or get furloughed or laid off, because PUA can provide help to those unable or unavailable to work due to a qualifying COVID-19 related reason.
It is not recommended that you quit your job if your need for PUA is for a qualifying COVID-19 reason. Please see the FAQs about PUA eligibility, and the situations in which a worker may quit and be eligible for PUA. There may be other benefits available to you which would allow you to maintain a relationship with your employer. See NJDOL’s COVID-19 benefits chart and more information here.
Please note that if you are already receiving unemployment benefits and you are now experiencing one of the PUA COVID-19 reasons, there is no need to re-apply. Inform your employer of your plan to receive unemployment assistance for a PUA reason, continue weekly certification and follow the COVID-19 certification guide. If eligible, your claim will be transitioned to PUA. Please note that if your employer reports your refusal to work, your benefits may be put on hold while it is adjudicated. Adjudication is currently taking 4-6 weeks due to unprecedented volume.
To apply for PUA, complete an application for regular unemployment. Per federal rules the first step to access these expanded benefits is that you need to be found ineligible for traditional unemployment insurance benefits, which means you need to apply and be denied. We advise, after applying for a COVID-19 reason and receiving a rejection, that you wait for NJDOL to contact you regarding next steps, so we can gather any additional information necessary to assess you for PUA. It could take up to 4 weeks to process your claim. PUA benefits can be paid for periods of unemployment beginning on or after February 2, 2020.
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.