The New Jersey Family Leave Act (NJFLA), established in 1989 and enforced by the New Jersey Division on Civil Rights, is designed to protect employees’ jobs when they need to take family leave for specific reasons. This law directly addresses a major concern for New Jersey workers: the fear of job loss and jeopardized career advancement when taking necessary time off for family matters.
Key Aspects of the New Jersey Family Leave Act (NJFLA)
The NJFLA provides job-protected leave to employees working for state or local government agencies, or for private employers with 30 or more employees worldwide. To be eligible, an employee must have worked for their current employer for at least one year and have completed at least 1,000 hours in the past 12 months. Eligible employees can take up to 12 weeks of leave within a 24-month period for the following reasons:
- Caring for a New Child or Bonding: Leave can be taken to care for a newborn child or a child newly placed for adoption or foster care. This leave must commence within one year of the child’s birth or placement.
- Caring for a Family Member with a Serious Health Condition: This includes caring for a family member, or someone considered family, who is suffering from a serious health condition, including COVID-19.
- Quarantine or Isolation Due to Communicable Disease: Leave is available to care for a family member, or someone considered family, who is quarantined or isolated due to suspected exposure to a communicable disease, including COVID-19, during a declared state of emergency.
- Childcare Due to School or Care Closure: Employees can take leave to provide necessary care or treatment for a child if their school or place of care is closed by order of a public official due to a communicable disease epidemic (like COVID-19) or another public health emergency during a state of emergency.
Employees can take this leave as a continuous 12-week block, or intermittently, or on a reduced work schedule to accommodate their family needs.
Upon returning from NJFLA leave, employees are legally entitled to be reinstated to the same position they held before taking leave, or to an equivalent position. Employers are also prohibited from retaliating against employees for requesting or taking leave under the NJFLA.
If an employee believes their rights under the NJFLA have been violated, they have the right to file a complaint with the Division on Civil Rights (DCR). Complaints must be filed within 180 days of the alleged violation. More information about filing a complaint with the DCR can be found here.
For information regarding financial assistance during family leave, New Jersey offers the Family Leave Insurance (NJFLI) program. NJFLI, administered by the New Jersey Department of Labor and Workforce Development (NJDOL), provides cash benefits to eligible workers who need to take time off to care for a loved one or bond with a new child. You can learn more about NJFLI at www.myleavebenefits.nj.gov/fli.
Additionally, New Jersey’s Temporary Disability Insurance (TDI) program, also managed by the NJDOL, offers cash benefits to workers who are unable to work due to their own physical or mental health condition. Details about TDI can be found at www.myleavebenefits.nj.gov/tdi.
It’s also important to note the federal Family and Medical Leave Act (FMLA), enforced by the U.S. Department of Labor, which provides job protection for employees needing leave for their own serious health condition. More information on the federal FMLA is available at www.dol.gov/agencies/whd/fmla.
Further Resources
For the latest updates and detailed information, refer to these resources:
- New Guidance from DCR (February 2024): DCR Issues New Guidance to Clarify Job Protections Under State Family Leave Law – Provides comprehensive clarification on NJFLA protections and its relationship with other laws.
- Consent Agreements in NJFLA Cases (May 2023): DCR Announce Consent Agreements in Family Leave Act Cases – Examples of NJFLA enforcement and employee compensation for violations.
- Settlement for Denial of Family Leave and Breastfeeding Rights (March 2022): Acting AG Platkin Announces $195,000 Settlement in Division on Civil Rights Case Alleging Denial of Family Leave and Breastfeeding Rights – Highlights protections for pregnancy-related leave and breastfeeding accommodations under NJ law.
- Expanded NJFLA Protections (October 2021): DCR Adopts New Rules Containing Expanded FLA Protections for Workers and Their Families – Details rule amendments expanding leave protections, particularly related to public health emergencies like COVID-19.
