New Jersey Return to Office Mandate 2026

What is New Jersey’s return to office mandate?

As of December 2025, New Jersey has no statewide return to office mandate for private sector employers. Proposed legislation introduced by Senator Joe Pennacchio in January 2025 would require state employees to return to office five days per week and prohibit remote work, but this legislation has not been enacted and applies only to state government workers, not private sector employees.

Current state employees operate under the Model Telework Pilot Program established by the New Jersey Civil Service Commission in April 2022, which allows telework up to two days per week based on operational needs.

Source: New Jersey Civil Service Commission and New Jersey Legislature
Available at: https://www.nj.gov/csc/ and https://www.senatenj.com/CivicAlerts.aspx?AID=570

Does New Jersey’s proposed RTO legislation apply to private employers?

No. The proposed legislation introduced by Senator Pennacchio applies only to New Jersey state employees in career, senior executive, and unclassified services. Private sector employers are not covered by this proposed legislation.

Private employers in New Jersey operate under at-will employment principles and may generally set their own return to office policies, subject to anti-discrimination laws, accommodation requirements, and contractual obligations.

Source: Senator Pennacchio office statement
Available at: https://www.senatenj.com/CivicAlerts.aspx?AID=570

Can my employer force me back to the office in New Jersey?

In most cases, yes. New Jersey is an at-will employment state, meaning employers can generally change workplace policies, including requiring employees to return to the office. However, important exceptions exist.

When employers may require return to office:

• No employment contract guaranteeing remote work exists
• Employee does not have qualifying disability requiring remote work accommodation
• No collective bargaining agreement provisions are violated
• Policy change does not discriminate based on protected characteristics

When employees may have grounds to refuse or request accommodation:

• Employee has disability and remote work is reasonable accommodation
• Employment contract specifies remote work arrangement
• Union contract governs workplace conditions
• Return to office requirement is discriminatory or retaliatory

According to the New Jersey Department of Labor:

“New Jersey is an ’employment-at-will’ state, meaning that either an employer or employee may end employment at any time, without reason or notice.”

Source: NJ Department of Labor – Wage and Hour FAQs
Available at: https://www.nj.gov/labor/wageandhour/support/faqs/wageandhouremployerfaqs.shtml

Important: Employees who believe return to office requirement violates their rights should consult employment attorney or contact Division on Civil Rights.

What are my accommodation rights under New Jersey law?

Under the New Jersey Law Against Discrimination (NJLAD), employees with disabilities have the right to request reasonable accommodations, which may include remote work or hybrid arrangements.

Key accommodation rights:

• NJLAD covers all New Jersey employers regardless of size (unlike federal ADA which requires 15+ employees)
• Disability definition is broadly construed
• Employers must engage in interactive process to identify accommodations
• Remote work may be reasonable accommodation if it enables employee to perform essential job functions
• Employers cannot deny accommodation unless it creates undue hardship

To request accommodation:

1. Notify employer of need for accommodation due to disability
2. Provide medical documentation if requested (should be limited to information necessary to evaluate request)
3. Engage in interactive dialogue with employer
4. Employer evaluates whether accommodation is reasonable
5. If denied, employer must explain why accommodation creates undue hardship

Source: New Jersey Division on Civil Rights
Available at: https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/

How do I file a discrimination complaint in New Jersey?

You have multiple options for filing discrimination complaints in New Jersey:

Option 1: New Jersey Division on Civil Rights

Deadline: 180 days from discriminatory act
How to file: Online at https://bias.njcivilrights.gov/ or contact regional office
Phone: 1-833-NJDCR4U (1-833-653-2748)
What happens: DCR investigates and may issue Finding of Probable Cause; can order remedies including damages

Option 2: EEOC (Federal)

Deadline: 300 days from discriminatory act (New Jersey has worksharing agreement)
How to file: Online at https://publicportal.eeoc.gov/ or call 1-800-669-4000
Newark Office: (973) 645-6383
What happens: EEOC investigates; may issue Right to Sue letter allowing federal court lawsuit

Option 3: Direct Court Filing (New Jersey Superior Court)

Deadline: 2 years from discriminatory act
How to file: File lawsuit in Superior Court (may wish to consult attorney)
What happens: Case proceeds through court system; trial by jury available; no caps on damages

Note: Filing with DCR automatically results in dual filing with EEOC. Cannot pursue same claim in multiple forums simultaneously.

Source: New Jersey Division on Civil Rights and EEOC
Available at: https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/division-on-civil-rights-file-a-complaint/

Can I request remote work as a reasonable accommodation?

Yes. Remote work or telework may be a reasonable accommodation under both the New Jersey Law Against Discrimination and the Americans with Disabilities Act when an employee has a qualifying disability and remote work would enable the employee to perform essential job functions.

Requirements for remote work accommodation:

• Employee must have disability as defined by NJLAD or ADA
• Disability must limit major life activity or major bodily function
• Remote work must be effective accommodation (enables employee to perform essential functions)
• Employer cannot demonstrate undue hardship

Employer considerations:

Employers must evaluate remote work accommodation requests on case-by-case basis and cannot maintain blanket policies refusing all remote work accommodations. Factors employers may consider include:

• Nature of employee’s job duties
• Whether essential functions can be performed remotely
• Cost of accommodation
• Impact on operations
• Safety considerations

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

What is the New Jersey Law Against Discrimination?

The New Jersey Law Against Discrimination (NJLAD) is the state’s comprehensive anti-discrimination statute, enacted in 1945 as the first state-level civil rights law in the United States.

Protected characteristics under NJLAD:

Race, creed, color, national origin, ancestry, age (all ages), marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity or expression, sex, pregnancy or breastfeeding, disability, atypical hereditary cellular or blood trait, genetic information, liability for Armed Forces service, and nationality.

Key features:

• Covers all New Jersey employers regardless of size
• Applies to employment, housing, and public accommodations
• Broader protections than federal laws in many respects
• No caps on compensatory or punitive damages
• Individual liability for supervisors who participate in discrimination
• Enforcement by Division on Civil Rights or through direct court filing

Enforcement agency: New Jersey Division on Civil Rights
Citation: N.J. Stat. § 10:5-1 et seq.
Full text: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf

Where do I file an EEOC complaint in New Jersey?

EEOC complaints from New Jersey are handled by the Newark Area Office.

EEOC Newark Area Office:
2 Gateway Center
Suite 1703
Newark, NJ 07102

Contact information:
Phone: (973) 645-6383
Toll-Free: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122

Filing methods:

• Online (recommended): https://publicportal.eeoc.gov/ to schedule intake appointment
• By phone: Call toll-free number to schedule appointment
• In person: Visit Newark office (appointments recommended)

Office hours: Monday-Friday, 8:00 a.m. – 4:30 p.m.
Intake hours: 8:30 a.m. – 3:00 p.m.

Deadline: 300 days from discriminatory act for New Jersey residents (due to worksharing agreement)

Source: EEOC Newark Area Office
Available at: https://www.eeoc.gov/field-office/newark

What is at-will employment in New Jersey?

At-will employment is the default employment relationship in New Jersey, meaning either employer or employee can terminate the relationship at any time, for any reason (or no reason), without advance notice.

According to the New Jersey Department of Labor:

“New Jersey is an ’employment-at-will’ state, meaning that either an employer or employee may end employment at any time, without reason or notice.”

Important exceptions to at-will employment:

• Employment contracts: Written or oral contracts specifying employment terms
• Implied contracts: Employee handbooks may create implied contract if they contain specific termination procedures
• Union contracts: Collective bargaining agreements require just cause for termination
• Public policy: Cannot fire employee for reasons violating public policy (e.g., refusing to commit illegal act)
• Anti-discrimination laws: Cannot terminate based on protected characteristics
• Anti-retaliation laws: Cannot fire for filing discrimination complaint, requesting accommodation, or whistleblowing

How at-will employment affects return to office:

Employers generally have right to change workplace policies, including requiring return to office, but cannot do so in ways that violate anti-discrimination laws, accommodation requirements, or contractual obligations.

Source: New Jersey Department of Labor
Available at: https://www.nj.gov/labor/wageandhour/support/faqs/wageandhouremployerfaqs.shtml

What is the difference between state employee and private sector RTO requirements in New Jersey?

State Employees:

Current status: Covered by Model Telework Pilot Program allowing up to two days per week remote work based on operational needs

Governing body: New Jersey Civil Service Commission

Eligibility: Must apply and be approved; both employees and managers complete telework training

Proposed changes: Legislation introduced January 2025 would eliminate remote work for state employees and require five-day-per-week office attendance

Regulations: Subject to N.J.A.C. 4A:6-7 (proposed telework rules)

Union involvement: Appointing authorities must consult with unions when developing telework plans

Private Sector Employees:

Current status: No statewide mandate; employers set own policies

Governing framework: At-will employment, anti-discrimination laws, accommodation requirements, contracts

Flexibility: Varies by employer; some maintain remote/hybrid, others require full RTO

Protections: NJLAD, ADA, employment contracts, collective bargaining agreements

No state regulation: Private employers have discretion subject to legal limitations

Common requirements both sectors:

• Must comply with anti-discrimination laws
• Must provide reasonable accommodations for disabilities
• Cannot retaliate for requesting accommodations
• Must honor contractual obligations

Is there pending RTO legislation in New Jersey?

Yes. Senator Joe Pennacchio (R-26th District) introduced legislation in January 2025 that would prohibit remote work for New Jersey state employees.

Bill status:
Introduced January 2025; under consideration by New Jersey Legislature as of December 24, 2025

Key provisions:
Would require state employees in career, senior executive, and unclassified services to return to office five days per week and prohibit remote work

Coverage:
State employees only; does not apply to private sector employers

Rationale (from sponsor):
Senator Pennacchio stated: “While remote work was necessary at the onset of the pandemic, it has become clear that in-person collaboration is essential for maximizing productivity, accountability, and effective service to the public.”

Current state employee policy:
Model Telework Pilot Program (up to two days per week remote) remains in effect pending formal rulemaking and any legislative action

Source: Senator Pennacchio office
Available at: https://www.senatenj.com/CivicAlerts.aspx?AID=570

Note: No similar legislation has been proposed for private sector employers.

How does the New Jersey telework program for state employees work?

The Model Telework Pilot Program for New Jersey state employees was established by the Civil Service Commission in April 2022 and has been extended multiple times while formal rulemaking procedures are underway.

Program parameters:

Maximum telework: Up to two days per week based on operational needs

Eligibility requirements:

• Position duties can be performed remotely
• Employee meets minimum performance expectations
• Employee has necessary equipment and secure work environment
• Appointing authority determines operational needs allow telework

Application process:

• Employees must apply and be approved
• Both employees and managers complete telework training
• Written telework agreement executed
• Managers may adjust schedules based on operational needs

Program administration:

• Each state department develops own telework plan
• Plans must be approved by Civil Service Commission
• Departments must consult with relevant unions

Alternative for ineligible employees:
Employees not eligible for telework may participate in Alternative Workweek Program (AWP) or flextime if operational needs allow

Current status:
Pilot program extended through formal rulemaking process; proposed regulations at N.J.A.C. 4A:6-7 would codify program into Administrative Code

Source: New Jersey Civil Service Commission
Available at: https://www.nj.gov/csc/about/about/regulations/pdf/CSC%20Telework%20Rule%20FINAL%204.4.25%20-%20web%20version.pdf

What should I do if my employer denies my accommodation request?

If your employer denies your request for reasonable accommodation (such as remote work), take the following steps:

Step 1: Request written explanation
Ask employer to provide written explanation of why accommodation was denied, including specific reasons and what undue hardship it would create

Step 2: Engage in further dialogue
Request to continue interactive process to identify alternative accommodations that might work

Step 3: Document everything
Keep copies of:

• Original accommodation request
• Medical documentation provided
• All communications with employer
• Employer’s denial and stated reasons

Step 4: Consult resources
Consider speaking with:

• Human resources department
• Union representative (if applicable)
• Employee assistance program
• Employment attorney

Step 5: File complaint if appropriate
If you believe denial violates NJLAD or ADA, you may file complaint with:

New Jersey Division on Civil Rights:
Deadline: 180 days
Phone: 1-833-NJDCR4U (1-833-653-2748)
Online: https://bias.njcivilrights.gov/

EEOC:
Deadline: 300 days
Phone: 1-800-669-4000
Online: https://publicportal.eeoc.gov/

Superior Court:
Deadline: 2 years
Consult attorney for court filing

Important: Do not delay in seeking assistance, as deadlines for filing complaints are strictly enforced.

Can my employer change remote work policy that was in place during COVID-19?

Generally, yes. Unless you have a written employment contract guaranteeing remote work, employers in New Jersey may change workplace policies, including eliminating or reducing remote work arrangements that were implemented during the COVID-19 pandemic.

Employer discretion:

New Jersey is an at-will employment state, allowing employers to modify workplace policies. Many employers implemented temporary remote work during the pandemic and have discretion to require return to office as circumstances change.

Important exceptions:

Contractual obligations: If your employment contract or offer letter specifies remote work arrangement, employer may be bound by those terms

Collective bargaining agreements: Union contracts may govern workplace conditions and limit employer’s ability to unilaterally change policies

Implied contracts: Employee handbooks containing specific policies about remote work may create implied contractual obligations

Accommodation rights: If you have disability requiring remote work as accommodation, employer must evaluate accommodation request even if remote work policy changes

Discrimination concerns: Employer cannot apply policy changes in discriminatory manner (e.g., allowing some employees to remain remote while requiring others to return based on protected characteristics)

Practical considerations:

If your employer is changing remote work policy:

• Review any written employment documents
• Determine whether you have grounds for accommodation request
• Communicate any concerns to employer
• Consider consulting employment attorney if you believe change violates your rights

Source: New Jersey employment law principles
Consult: Licensed employment attorney for specific situation