01 May

April 2020 New Jersey HR Legal Updates

Posted at

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in

Updates to Mini-WARN Act

What happened?
The governor signed a bill that makes critical changes to the NJ Warn Act which took effect on January 21, 2020, and postponed amendments to take effect on July 19, 2020.

What are the details?

  • The WARN amendments have been postponed until 90 days after the governor lifts the Emergency Order. Tentative effective date of law is August 6, 2020.
  • The new law has been amended to state the NJ WARN act cannot be triggered due to “fire, flood natural disaster, national emergency, act of war, civil disorder or industrial sabotage, decertification from participation in the Medicare and Medicaid programs…or license revocation.” This amendment is retroactive to March 9, 2020.

What do employers need to do?
No action necessary.

Resources
https://www.littler.com/publication-press/publication/new-jersey-warn-act-covid-19-amendment-pending-radical-expansion-law

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Paid Leave

What happened?
The governor signed a law that expanded the use of family leave due to COVID-19 retroactive to March 25, 2020.

What are the details?
Additional Leave

  • Employees may take leave to care for a child due to the closure of the child’s school or place of care or care for a family member with COVID-19 or a related illness.
  • Up to 12 weeks of unpaid job-protected leave within a 24-month period.

Applicable Leave

Employees may request leave for the following reasons:

  1. In-home care or treatment of an employee’s child due to closure of public school or place of care;
  2. Under the requirement of a mandatory quarantine; and
  3. Healthcare provider or public health authority recommending a family member under the employee’s care voluntarily under self-quarantine.

Certification

  • For reason 1: The date when the closure began and the reason for the closure.
  • For reason 2: The date the public health authority issued the determination and the date of the determination.
  • For reason 3: The date of the recommendation, likely duration of the condition, and medical or other facts related to the condition known to the public authority or healthcare provider.

Additional Details

  • Employers may not deny leave for highly compensated employees.
  • Intermittent leave is permitted for the following reasons:
    • The covered individual notifies the employer of the need for leave as soon as practicable and
    • The employee makes a reasonable effort to schedule leave to not unduly disrupt the employer’s operations. A schedule of the time off needed is beneficial, but not required.

What do employers need to do?
Comply with the above.

Resources
https://www.seyfarth.com/news-insights/paid-leave-and-coronaviruspart-xii-more-new-jersey-covid-related-paid-leave-amendments-including-school-closure-leave-signed-into-law.html

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