New Jersey Assembly Bill A483

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Provides certain employment protections for working parents due to school closure during state of emergency and public health emergency.

Impact

The bill will amend existing employment laws to ensure that working parents have the right to perform their jobs remotely when their child's schooling is affected by an emergency. This legislation specifically addresses challenges faced by parents, acknowledging that the demands of balancing work and parenting can create significant strains, especially for women and minority families, who have historically faced greater burdens during educational disruptions. Introducing civil penalties for violations also aims to ensure compliance and accountability among employers.

Summary

Assembly Bill A483 aims to provide employment protections for parents or legal guardians of school-aged children during public health emergencies or states of emergency that require school closures. It stipulates that an employer cannot mandate physical presence at work if the work can be performed remotely unless they can prove that such remote work would cause undue hardship on their operations. The bill is designed to prevent employers from penalizing employees who request to work from home while their children are engaged in virtual learning due to unforeseen circumstances, such as a pandemic.

Contention

Critics may argue that this bill could pose challenges for businesses by making it difficult to enforce office attendance during times when employees may be needed on-site. There might be concerns about the feasibility of remote work across various professions, particularly in sectors where physical presence is essential. Furthermore, the rebuttable presumption that employees can work remotely may lead to debates on what constitutes 'essential' duties, potentially complicating employer-employee relationships during periods of heightened job scrutiny. Opponents might also fear that this could lead to a perception of favoritism if remote work is not uniformly applicable across all job roles.