New Jersey has enacted legislation (Senate Bill 2374) that amends the state's Family Leave Act and the Temporary Disability Insurance program. Senate Bill 2374 takes effect immediately and is retroactive to March 25, 2020.
Background:
In March 2020, New Jersey enacted SB 2304 to expand its earned sick leave, family leave act, and temporary disability insurance rules during a state of emergency in order to cover absences related to epidemics such as COVID-19.
Senate Bill 2374:
Senate Bill 2374 further expands on the NJFLA and TDI program as follows:
NJFLA Amendments:
Senate Bill 2374 amends the NJFLA to allow employees to use family leave in the event of a state of emergency or an order by the Governor or public health authorities that results in:
- In-home care or treatment of a child whose school or place of care has been closed;
- Mandatory quarantine because the presence in the community of a family member with known or suspected exposure would jeopardize the health of others; or
- The recommendation of health care provider or public health authority that a family member in need of the employee's care voluntarily undergo self-quarantine as a result of known or suspected exposure.
Certification:
The employer may request certification from the employee seeking leave for the above reasons, including:
- The date and reason of closure (for their child's school or place of care closing)
- Date and anticipated length of the order (for a family member's mandatory quarantine)
- The date and probable length of recommended quarantine and medical or other facts that prompted the recommendation (for the family member's voluntary self-quarantine)
Intermittent Leave:
The amendments allow a covered employee to use NJFLA for the above reasons intermittently, provided the employee gives advance notice and attempts to schedule the intermittent leave in a way that does not disrupt normal business operations. Additionally, if possible, the employee should provide the employer with a regular schedule of the day or days of the week on which the intermittent leave will be taken.
TDI Amendments:
Senate Bill 2374 makes temporary disability and family temporary disability funds available to employees who take leave for pandemic-related reasons (covered above). The amendment also eliminates the seven-day waiting periods for benefits related to the above reasons.
Compliance Recommendations:
New Jersey employers should review their policies, forms, practices, and supervisor training to ensure compliance with Senate Bill 2374. Please contact your dedicated service professional with any questions.