TABLE 1—
Current State Job Protection Laws
| State | Statute | Year Enacted | Individual Covered | Health Action Covered | Orders Required | Employer Actions Covered | Remedies | Procedures |
|---|---|---|---|---|---|---|---|---|
| Delaware | Del. Code Ann. tit. 20, § 3136(6)(d) | 2002 | Employee | Isolation and quarantine | Court order or by directive of public safety authority | Permanent termination | NS | NS |
| Iowa | Iowa Code § 139A.13A | 2005 | Employee | Quarantine | Order issued by health department or a local board of health | Discharge, taking, or failing to take action regarding a promotion or reducing wages or benefits | Reinstatement | Petition for cease and desist order and reinstatement |
| Kansas | Kan. Stat. Ann. § 65–129d | 2005 | An employee or an employee with an affected immediate family member | Isolation and quarantine | Order | Discharge | Employer guilty of criminal violation | NS |
| Maine | Me. Rev. Stat. Ann. tit. 26, § 875 | 2005 | Employee and employee who needs to care for a specified family member | Investigation, supervision, or treatment related to public health emergency; isolation, quarantine, or other public health control measure; acting in accordance with extreme public health emergency order; employer request to stay home from work; employee needed to care for family member | NS | Failing to grant leave with or without pay | Civil penalty to employer up to US $200 per violation | Must give notice to employer and Department of Labor within 6 months of occurrence |
| Maryland | Md. Code Ann., Health-Gen. I § 18-906(e) | 2002 | Employee | Isolation and quarantine | Order | Discharge | NS | NS |
| Minnesota | Minn. Stat. § 144.4196 | 2005 | Employee | Isolation and quarantine | A commissioner’s directive, an order of a federal quarantine officer, a state or federal court order, a written recommendation of the commissioner or designee | Discharge, discipline, threaten, penalize, or discriminate in work terms, conditions, location, or privileges | May bring a civil action for recovery of lost wages, benefits, and attorneys fees | A civil action must be brought within 180 days of the later of either the violation or quarantine or isolation period |
| New Jersey | NJ Rev. Stat. § 26:13–16 | 2005 | Employee, not temporary worker | Isolation and quarantine | Order of commissioner | Discharge | Reinstatement, lost wages and benefits, and attorneys’ fees | Must receive a certificate of completion of isolation or quarantine period, still be qualified for position, and make application for reinstatement within 90 days of being released |
| New Mexico | NM Stat. Ann. § 12-10A-16 | 2003 | Employee | Isolation and quarantine | State order, unless state can show need for action without order by proving irreparable harm | Discharge | NS | NS |
Note. NS = not specified.