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A4194
ASSEMBLY, No. 4194
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblywomen Quijano and Haider
SYNOPSIS
���� Provides certain employment protections for working
parents due to school closure during state of emergency and public health
emergency.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning employment protections for parents of
school aged children and supplementing Title 34 of the Revised Statutes and
P.L.1945, c.169 (C.10:5-1 et seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a. �Notwithstanding any
other law to the contrary, it shall be an unlawful employment practice for an
employer to require an employee who is the parent or legal guardian of a school
aged child to be physically present for work, when that work can be performed
remotely, during the public health emergency and state of emergency declared by
the Governor pursuant to P.L.2005, c.222 (C.26:13-1 e seq.) and state of
emergency declared by the governor pursuant to P.L.1942, c.251 (C.App.A:9-33 et
seq.) concerning the coronavirus disease 2019 pandemic, any subsequent
extensions of that public health emergency and state of emergency, or any other
public health emergency or state of emergency requiring school closure and virtual
or remote instruction, unless the employer can demonstrate that allowing the
employee to work remotely would be an undue hardship on the business operations
of the employer.� The employer shall not in any way penalize the employee in
terms, conditions or privileges of employment for requesting to work remotely
or working remotely in accordance with this act.
���� b.��� There is a rebuttable
presumption that an employee can perform work remotely if that employee has
already performed work remotely for two consecutive pay periods, or two weeks,
whichever is less time. The presumption may be rebutted by a preponderance of
the evidence showing that the employee cannot perform essential duties
remotely.
���� c.��� As used in this act,
�school aged child� means a child enrolled in Kindergarten through Twelfth
grade.
���� d.��� (1) �Any employer who
violates this section shall be liable for a civil penalty in an amount not to
exceed $1,000 for the first violation, $5,000 for the second violation, and
$10,000 for each subsequent violation collectible by the Commissioner of Labor
and Workforce Development in a summary proceeding pursuant to the "Penalty
Enforcement Law of 1999," P.L.1999, c.274
(C.2A:58-10 et seq.).
���� (2)� If, in violation of
P.L.��� , c.��� (C.������� )(pending before the Legislature as this bill), an employer
requires an employee to be physically present at work on the basis of the race,
creed, color, national origin, ancestry, age, marital status, civil union
status, domestic partnership status, affectional or sexual orientation, genetic
information, pregnancy or breastfeeding, sex, gender identity or expression,
disability or atypical hereditary cellular or blood trait of the employee, or
because of the liability for service in the Armed Forces of the United States
or the nationality of the employee, or because of the refusal to submit to a
genetic test or make available the results of a genetic test to an employer, an
employer shall be subject to section 2 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill), for any violation of this section.
���� 2.��� a.� In addition to the
civil penalties mandated by section 1 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill), it shall be an unlawful employment
practice in violation of the �Law Against Discrimination,� P.L.1945, c.169
(C.10:5-1 et seq.) for an employer, because of the race, creed, color, national
origin, ancestry, age, marital status, civil union status, domestic partnership
status, affectional or sexual orientation, genetic information, pregnancy or
breastfeeding, sex, gender identity or expression, disability or atypical
hereditary cellular or blood trait of the employee, or because of the liability
for service in the Armed Forces of the United States or the nationality of the
employee, or because of the refusal to submit to a genetic test or make
available the results of a genetic test to an employer, to require an employee
who is the parent or legal guardian of a school aged child to be physically
present for work, when that work can be performed remotely, during the public
health emergency and state of emergency declared by the Governor pursuant to
P.L.2005, c.222 (C.26:13-1) and state of emergency declared by the governor
pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.) concerning the coronavirus
disease 2019 pandemic, any subsequent extensions of that public health
emergency and state of emergency, or any other public health emergency or state
of emergency requiring school closure and virtual or remote instruction, unless
the employer can demonstrate that allowing the employee to work remotely would
be an undue hardship on the business operations of the employer.� The employer
shall not in any way penalize the employee in terms, conditions or privileges
of employment for requesting to work remotely or working remotely in accordance
with this act.
���� b.��� There is a rebuttable
presumption that an employee can perform work remotely if that employee has
already performed work remotely for two consecutive pay periods, or two weeks,
whichever is less time. The presumption may be rebutted by a preponderance of
the evidence showing that the employee cannot perform essential duties
remotely.
���� c.��� As used in this act,
�school aged child� means a child enrolled in Kindergarten through Twelfth
grade.
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill makes it an unlawful
employment practice for an employer to require an employee who is the parent or
legal guardian of a school aged child to be physically present for work, when
that work can be performed remotely, during a public health emergency and state
of emergency that requires the closure of the child�s school and virtual or
remote instruction, unless the employer can demonstrate that allowing the
employee to work remotely would be an undue hardship on the business operations
of the employer.� The employer shall not in any way penalize the employee in
terms, conditions or privileges of employment for requesting to work remotely
or working remotely under the bill.
���� An employer who violates this
bill will be liable for a civil penalty in an amount not to exceed $1,000 for
the first violation, $5,000 for the second violation, and $10,000 for each
subsequent violation collectible by the Commissioner of Labor and Workforce
Development in a summary proceeding pursuant to the "Penalty Enforcement
Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
���� If the employer requires an
employee who is the parent or legal guardian of a school aged child to be
physically present for work on the basis of that employee falling under one of
the enumerated protected classes in section 2 of the bill, a violation of the
employer constitutes a violation of the �Law Against Discrimination,� P.L.1945,
c.169 (C.10:5-1 et seq.), in addition to the civil penalties for any violation.
���� Although the parental
responsibilities of educating and caring for a child may fall on a man or
woman, the remote learning that occurred during the 2019-2020 school year
revealed that women were disparately impacted by remote learning requirements.�
Additionally, analyses of the pandemic suggest that the economic impacts of the
pandemic have disproportionately affected minorities, including blacks and
Hispanics.� Requiring members of vulnerable populations to choose between
educating their children and maintaining employment will only compound the
economic impact of the pandemic on these populations.
���� While many parents rose to the
challenge of educating their children while working remotely during the
shutdown of the State, the reopening of businesses has coincided with employers
requiring employees to be physically present at the workplace.� This is so even
in circumstances in which an employee�s job may be performed remotely.� As the
2020-2021 school year is about to commence, countless working parents, and in
particular women and minorities, will be faced with the difficult choice of
retaining employment or educating their children.