Emergency Response: New Jersey

This Emergency Response policy applies to employees in New Jersey under the Emergency Responders Employment Protection Act (P.L.2009, c.202) and explains when eligible volunteer emergency responders can take job-protected, unpaid time off to respond to a declared state of emergency or an emergency alarm.

The History Behind Emergency Response Policies in New Jersey

Emergency Responder Leave in New Jersey originates from the idea of volunteer responders getting punished at work for doing what their towns rely on them to do. When a big call comes in, you don't get to schedule it for after your shift. Before lawmakers stepped in, many volunteers had to choose between answering an alarm and keeping a steady job, and that's a choice that limits emergency services' ability to recruit volunteers.

New Jersey's Emergency Responders Employment Protection Act (P.L.2009, c.202) sets a clear baseline for employers: if an employee is an active volunteer responder and gets called to respond to a declared state of emergency or an emergency alarm, the employer cannot terminate, dismiss, or suspend them for missing work, as long as the employee meets the law's conditions. The law also built in some employer-friendly guardrails, like requiring notice and allowing employers to ask for documentation after the fact.

Which Law is the Emergency Response Policy Meant to Comply With?

If you create and distribute an Emergency Response Policy for your New Jersey-based employees, it is in an effort to comply with New Jersey's P.L. 2009, c. 202.

How to Write a New Jersey-Specific Emergency Response Policy

• Start with "why" and introduce the concept, supporting employees who volunteer as emergency responders in New Jersey and may need job-protected unpaid leave.
• Define who qualifies as a volunteer emergency responder by listing the covered New Jersey volunteer organizations.
• State the core eligibility requirements for using this leave, including responding as part of official duties and not being designated as essential.
• Explain the expectation to notify your organization as soon as possible when emergency response duties require missing work.
• Require supporting documentation after the employee returns to work to confirm emergency service and release time.
• Clarify that the leave is unpaid, but employees may choose to use accrued paid time off.
• Commit to non-retaliation and job protection for covered absences tied to emergency response duties.
• Provide a point of contact for questions about leave rights and the process.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

Even when notice is not required, this is still the kind of policy most employers should put in their handbook or otherwise publish to employees. It answers a question employees will ask, sets expectations, and gives managers a consistent script. If you don't include it, you'll end up explaining it ad hoc, and that's when inconsistency, resentment, and accidental noncompliance shows up. 

Other Considerations

The law applies to New Jersey employers who have at least 1 employee in the US.

Exceptions

None