On March 30, 2020, the New Jersey Department of Labor & Workforce Development (DOL) issued guidance regarding the interplay between the federal Families First Coronavirus Response Act (FFCRA) and several of New Jersey’s leave benefit statutes.
In addition to providing a general overview of the FFCRA, the New Jersey DOL created a chart that outlines which benefits apply and when.
The new guidance serves as an important reminder to New Jersey employers that the FFCRA is narrowly tailored to the coronavirus health emergency. However, other federal and New Jersey leave laws and benefit programs may apply in addition to those prescribed by the FFCRA. For example, the federal Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the New Jersey Law Against Discrimination (NJLAD), the New Jersey Family Leave Act (NJFLA), and the New Jersey Earned Sick Leave Law may be applicable to a particular employer (dependent on the number of employees) and a particular employee’s leave request. In addition, certain income replacement benefits may be available to an employee on an approved leave of absence, such as short-term disability benefits, workers’ compensation benefits or New Jersey Family Leave Insurance Benefits. Thus, each leave scenario must be analyzed based on the facts presented and the applicable leave laws and potential income replacement benefits.
The State’s latest guidance serves as a useful tool for employees to gain a basic understanding of the various laws and regulatory schemes. However, employers are well-advised to confer with their employment counsel to address each leave request based on the facts presented to ensure compliance with the applicable laws, to provide the employee who requests leave with any necessary documentation, and to clearly communicate with the employee in response to the requested leave.
Our team of employment law attorneys are here to help guide businesses during this challenging time, and beyond.
Written by Michael A. Shadiack and Michael Affrunti.
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Michael Shadiack is the Chair of Connell Foley’s Labor and Employment Practice Group. Representing a broad spectrum of employers and management personnel in the private and public sectors, he provides litigation defense and ...
Marianne Tolomeo, a partner in Connell Foley’s Labor and Employment Group, practices primarily in the areas of employment law and commercial litigation.
For more than two decades, Marianne has represented clients ranging from ...