N.J. Admin. Code § 12:69-1.7

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:69-1.7 - Retaliatory personnel actions and discrimination prohibited

(a) No employer shall take any retaliatory personnel action or discriminate against an employee because the employee requests or uses earned sick leave in accordance with the Act or this chapter or the employer's own earned sick leave policy, or because the employee files a complaint with the Department alleging that the employer violated any provision of the Act or this chapter, or because the employee informs any other person of his or her rights under the Act or this chapter.

(b) No employer shall count legitimate use of earned sick leave under the Act or this chapter as an absence that may result in the employee being subject to discipline, discharge, demotion, suspension, loss or reduction of pay, or any other adverse action. This includes "no fault" attendance policies, whereby an employee receives a point or a demerit for any absence, no matter the reason, and are subjected to discipline or are foreclosed from a promotional opportunity(ies) after the accumulation of a certain number of points or demerits.

(c) There shall be a rebuttable presumption of an unlawful retaliatory personnel action whenever an employer takes adverse action against an employee within 90 days of when that employee either:

1. Files a complaint with the Department or a court alleging a violation of any provision of this section;

2. Informs any person about an employer's alleged violation of this section;

3. Cooperates with the Department or other persons in the investigation or prosecution of any alleged violation of this section;

4. Opposes any policy, practice, or act that is prohibited under this section; or

5. Informs any person of his or her rights under this section.

(d) The protections of this section shall apply to any person who mistakenly, but in good faith, alleges a violation of the Act or this chapter.

(e) An employer who violates any provision of this section shall be guilty of a disorderly person offense and shall, upon conviction therefor, be fined not less than $ 100.00, nor more than $ 1,000. Such employer shall be required as a condition of such judgment of conviction, to offer reinstatement of employment to any discharged employee and to correct any retaliatory personnel action, and also to pay to any such employee in full, all wages lost as a result of such discharge or retaliatory personnel action, under penalty of contempt proceedings for failure to comply with such requirement.

(f) As an alternative to, or in addition to, any sanctions imposed under (e) above, the Commissioner is authorized under P.L. 2018, c. 10, section 5, and N.J.S.A. 34:11-56a24 to assess and collect administrative penalties as provided for in N.J.A.C. 12:69-1.3.

N.J. Admin. Code § 12:69-1.7

Adopted by 52 N.J.R. 20(a), effective 1/6/2020