Overview: New Jersey has enacted legislation (Assembly Bill 3975) that expands the New Jersey Family Leave Act (NJFLA), the New Jersey Security and Financial Empowerment (NJ SAFE) Act, and the New Jersey Temporary Benefits Disability Law (NJTDBL).
Effective Date: See below.
Details:
NJFLA:
The NJFLA permits eligible employees to take up to 12 weeks of unpaid family leave in a 24-month period for the birth or adoption of a child or to care for a family member with a serious health condition.
Effective June 30, 2019, Assembly Bill 3975 expands the NJFLA to apply to employers that employ 30 or more employees during each working day of 20 or more calendar workweeks in the current or preceding calendar year. Previously, only employers with 50 or more employees were covered by the law.
Effective immediately, Assembly Bill 3975 makes the following changes to the NJFLA:
- Expands the definition of “family member” to include parents-in-law, siblings, grandparents, grandchildren, domestic partners or any other blood relatives, and any other individual that the employee shows to have a close association with which is the equivalent of a family relationship.
- Entitles eligible employees to take leave for the placement of a foster child with the employee and for the birth of a child pursuant to a valid written agreement between the employee and a gestational carrier.
- Gives employees the right to use leave intermittently for the birth, adoption, or foster placement of a child or the birth of a child via a gestational carrier.
- Increases the period in which reduced schedule leave may be taken from 24 consecutive weeks to 12 consecutive months.
NJ SAFE Act:
Under the NJ SAFE Act, employers with 25 or more employees must provide eligible employees with up to 20 days of unpaid leave in a 12-month period to address circumstances resulting from domestic violence or a sexually violent offense affecting the employee or the employee’s family members.
Effective immediately, Assembly Bill 3975 makes the following changes to the NJ SAFE Act:
- Expands the definition of “family member” to include parents-in-law, siblings, grandparents, grandchildren, domestic partners or any other blood relatives, and any other individual that the employee shows to have a close association with which is the equivalent of a family relationship.
- Entitles employees using this leave to wage-replacement benefits under the NJTDBL (see below).
- Prohibits employers from requiring employees to use accrued paid vacation, personal or sick leave during leave taken under the NJ SAFE Act.
- Clarifies that written notice of the need for leave is not required if an emergency or other unforeseen circumstance precludes prior notice
NJTDBL:
For the purposes of family temporary disability leave benefits, Assembly Bill 3975:
- Expands the definition of “family member” to include parents-in-law, siblings, grandparents, grandchildren, domestic partners or any other blood relatives, and any other individual that the employee shows to have a close association with which is the equivalent of a family relationship.
- Entitles eligible employees to benefits for time off for the placement of a foster child with the employee and for the birth of a child pursuant to a valid written agreement between the employee and a gestational carrier.
- Expands the duration and amount of leave related wage-replacement benefits to which employees are entitled. Effective July 1, 2020, eligible employees may receive up to 12 consecutive weeks of paid family leave or temporary disability leave in a 12 month period, or 56 days on an intermittent basis. Also effective July 1, 2020, employees can receive 85 percent of their weekly wage, capped at 70 percent of the statewide average weekly wage.
- Prohibits employers from retaliating against employees because they requested or took temporary disability benefits or family leave benefits, including “refusing to restore the employee following a period of leave.”
- Effective July 1, 2019, prohibits employers from requiring employees to use accrued paid vacation, personal or sick leave before using family temporary disability leave benefits.
- Effective July 1, 2019, removes a one-week waiting period for benefits.
For a copy of the legislation, please see https://www.njleg.state.nj.us/2018/Bills/A4000/3975_R3.HTM
Action Required: New Jersey employers should review their policies, forms, and procedures to ensure compliance with the expanded laws.
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