TRENTON, N.J. — New Jersey workers will gain expanded job-protected leave beginning July 17 under changes to state law that broaden protections for employees taking time off for their own medical needs or to care for family members.
The New Jersey Division on Civil Rights and the Department of Labor and Workforce Development announced updated guidance Wednesday to help workers and employers understand the new requirements before they take effect.
Under the changes, workers receiving benefits through New Jersey’s Temporary Disability Insurance and Family Leave Insurance programs will receive job protection during their leave if they are not already covered under the New Jersey Family Leave Act or the federal Family and Medical Leave Act.
The law also expands eligibility under the New Jersey Family Leave Act by lowering employer size and employee work history requirements, allowing more workers to take protected leave to bond with a new child or care for a family member with a serious health condition.
“In the midst of the affordability crisis, it’s more important than ever that we’re able to offer greater protections to New Jerseyans facing a spouse or relative’s medical crisis,” said Attorney General Jennifer Davenport. “The changes announced today offer workers greater reassurance that caring for loved ones doesn’t have to mean risking unemployment.”
“No one should have to choose between caring for themselves or a loved one and keeping their job,” said Acting Labor Commissioner Kevin D. Jarvis. “These changes strengthen one of New Jersey’s most important worker protections by ensuring more people can take the time they need with the confidence that their job will be there when they return.”
Among the changes taking effect:
- Workers receiving Temporary Disability Insurance or Family Leave Insurance benefits will have job protection during their leave if they are not already covered under the New Jersey Family Leave Act or the federal Family and Medical Leave Act.
- There are no minimum employer size or length-of-employment requirements for Temporary Disability Insurance and Family Leave Insurance benefits. Eligibility continues to be based on recent earnings.
- The expanded protections apply to more employees of small businesses, newer employees, many part-time workers and individuals receiving benefits related to domestic or sexual violence.
The law also expands eligibility under the New Jersey Family Leave Act by reducing the employer coverage threshold from 30 employees to 15 employees worldwide, lowering the employment requirement from 12 months to three months, and reducing the hours-worked requirement from 1,000 hours to 250 hours during the previous 12 months.
Eligible workers under the New Jersey Family Leave Act may continue to take up to 12 weeks of job-protected leave during a 24-month period to bond with a new child or care for a family member with a serious health condition, with the right to return to the same or an equivalent position.
State officials said the changes do not affect eligibility for cash benefits under Temporary Disability Insurance or Family Leave Insurance, which will continue to be based on recent earnings. The federal Family and Medical Leave Act also remains unchanged.
Additional information about the changes is available through the New Jersey Department of Labor and Workforce Development’s leave benefits website.
