Official Site of The State of New Jersey

The State of NJ site may contain optional links, information, services and/or content from other websites operated by third parties that are provided as a convenience, such as Google™ Translate. Google™ Translate is an online service for which the user pays nothing to obtain a purported language translation. The user is on notice that neither the State of NJ site nor its operators review any of the services, information and/or content from anything that may be linked to the State of NJ site for any reason. -Read Full Disclaimer close

Department of Labor & Workforce Development

Rights 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 non-profit 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.

• Information for Workers
• Information for Employers

NEW: Where can I find testing resources?

Testing is available to everyone in New Jersey.

Y ou don't need insurance and free testing is available. Learn more at covid19.nj.gov/testing.

You can receive free at-home COVID-19 tests . Learn more here: https://www.covidtests.gov/

If you do not have insurance , free at-home self-tests may be available through community health centers and rural health clinics in your community. Learn about this program here .

NEW: Additional COVID-19 resources for workers

• 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
• NJ vaccine appointment finder
• How to get tested for COVID-19 in NJ
• CDC COVID-19 page
• OSHA COVID-19 page
• USDOL Coronavirus Resources
• Phone calls for general COVID-19 questions (multilingual staff will assist): 211
• Phone calls for clinical COVID-19 questions (multilingual staff will assist): 800-962-1253

Information on NJ work rights:

• 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 Division of Unemployment Insurance
• NJ paid family and medical leave
• Earned Sick Leave

I cannot work because I’m quarantining due to exposure to COVID-19. What benefits and protections could I be eligible for?

Please note: You cannot receive earned sick leave pay, Temporary Disability benefits, and unemployment benefits at the same time.

Paid leave: You could use your NJ Earned Sick Leave during a quarantine. Employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of earned (paid) sick leave per year so they can care for themselves or a loved one. In most cases your employer can’t require documentation for taking a single sick day, or two in a row. If you need three or more sick days in a row, employers can require documentation. Learn more or file a complaint at mysickdays.nj.gov.

Depending on the length of quarantine, you could be eligible for Temporary Disability Insurance benefits during the public health emergency if a healthcare provider certifies you cannot work. Temporary Disability Insurance provides cash benefits to eligible New Jersey workers who must stop working due to a physical or mental health condition or other disability unrelated to their work. Learn more at myleavebenfits.nj.gov.

I want to quarantine because I have COVID-19, but my employer is not requiring me to quarantine. What benefits and protections could I be eligible for?

Please note: You cannot receive earned sick leave pay, Temporary Disability benefits, and unemployment benefits at the same time.

Paid leave: You could use your NJ Earned Sick Leave during a quarantine. Employers of all sizes must provide full-time, part-time, and temporary employees with up to 40 hours of earned (paid) sick leave per year so they can care for themselves or a loved one. In most cases your employer can’t require documentation for taking a single sick day, or two in a row. If you need three or more sick days in a row, employers can require documentation. Learn more or file a complaint at mysickdays.nj.gov.

Depending on the length of quarantine, you could be eligible for Temporary Disability Insurance benefits during the public health emergency if a healthcare provider certifies you cannot work. Temporary Disability Insurance provides cash benefits to eligible New Jersey workers who must stop working due to a physical or mental health condition or other disability unrelated to their work. Learn more at myleavebenfits.nj.gov.

I refuse to get an employer-mandated COVID-19 vaccine or submit to testing requirements. Am I eligible for Unemployment benefits if I quit or get fired?

If you are considering not complying with a mandated COVID-19 vaccine or testing requirement, be aware that you are unlikely to be eligible for Unemployment benefits if you are fired or quit for that reason. Cases are examined on an individual basis, and eligibility is determined in accordance with the law. Learn more here.

An employer can require that an employee receive the COVID-19 vaccine in order to return to the workplace. The employer should provide a reasonable accommodation from its mandatory vaccine policy to an employee who cannot get the vaccine because of a disability; because of pregnancy, breastfeeding, or chestfeeding, if their doctor has explicitly advised them not to get the vaccine ; or because of a sincerely held religious belief, practice, or observance, unless providing this accommodation would pose an undue hardship on the operation of the employer’s business. 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 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.

Please note: CDC recommends COVID-19 vaccinations for everyone aged 12 years and older, including people who are pregnant, breastfeeding, trying to get pregnant now, or planning to become pregnant in the future.

How do I get the COVID-19 vaccine?

Please visit the State’s COVID-19 Information Hub to learn how to get the vaccine in New Jersey.

Can I use my NJ Earned Sick Leave to get my vaccine?

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.

Can my employer require me to get the COVID-19 vaccine in order to enter my workplace?

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, breastfeeding, or chestfeeding, or because of a sincerely held religious belief, practice, or observance.

Please note: CDC recommends COVID-19 vaccinations for everyone aged 12 years and older, including people who are pregnant, breastfeeding, trying to get pregnant now, or planning to become pregnant in the future.

The employer should provide a reasonable accommodation from its mandatory vaccine policy to an employee who cannot get the vaccine because of a disability; because of pregnancy, breastfeeding, or chestfeeding, if their doctor has explicitly advised them not to get the vaccine; or because of a sincerely held religious belief, practice, or observance, unless providing this accommodation would pose an undue hardship on the operation of the employer’s business. 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.

Can my employer require that I receive a negative COVID-19 test result in order to enter my workplace?

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.

Can my employer require that I show a positive COVID-19 test result before allowing me to take leave?

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.

I've been diagnosed with or exposed to the coronavirus and I cannot afford to lose my job or take unpaid time off. Is there any help available?

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.

NEW: How can I help my employees get tested for COVID-19?

Testing is available to everyone in New Jersey.

You don't need insurance and free testing is available. Learn more at covid19.nj.gov/testing.

You can receive free at-home COVID-19 tests. Learn more here: www.covidtests.gov

If you r employees do not have insurance , free at-home self-tests may be available through community health centers and rural health clinics in your community. Learn about this program here.

Click here f or information on how to get a certification for workplace COVID-19 testing.