The New Jersey Family Leave Act (NJFLA), established in 1989 and enforced by the New Jersey Division on Civil Rights (DCR), is a cornerstone of employee protection in the state. It ensures job security for eligible employees working for covered employers when they need to take family leave for specific reasons. For New Jersey workers, the NJFLA addresses a critical concern: the fear of job loss, seniority erosion, and hindered career advancement when taking necessary time off for family matters.
Key Aspects of the New Jersey Family Leave Act
The NJFLA provides significant protections. If you are an employee of a New Jersey state or local government agency, or work for a company or organization with 30 or more employees globally, and have been with your employer for at least a year and worked a minimum of 1,000 hours in the last 12 months, you are generally eligible for up to 12 weeks of job-protected leave within a 24-month period. This leave can be utilized for various crucial family needs:
- New Child Bonding: To care for and bond with a newborn, adopted, or foster child, provided the leave commences within one year of the child’s arrival.
- Care for a Family Member with a Serious Health Condition: To support a family member (or someone considered family) facing a serious health condition, including COVID-19.
- Family Member Quarantine or Isolation: To care for a family member (or equivalent) who is isolated or quarantined due to suspected communicable disease exposure, such as COVID-19, during a declared state of emergency.
- Childcare Due to School or Care Closure: To provide necessary care or treatment for a child when their school or place of care is closed by a public official’s order because of a communicable disease epidemic (including COVID-19) or other public health emergency during a state of emergency.
Employees can take this leave as a continuous block of up to 12 weeks, or utilize it intermittently or on a reduced schedule to accommodate their needs.
Upon returning from NJFLA leave, employees are legally entitled to be reinstated to the same position they held prior to taking leave. Furthermore, employers are prohibited from retaliating against employees for taking or attempting to utilize their rights under the NJFLA.
If you believe your NJFLA rights have been violated, you have the right to file a complaint with the DCR within 180 days of the incident. For more details on this process, please click here.
It’s important to understand that while the NJFLA provides job protection, New Jersey also offers financial support through its Family Leave Insurance (NJFLI) program. Administered by the New Jersey Department of Labor and Workforce Development (NJDOL), NJFLI provides cash benefits to eligible workers who need to take time off to care for a loved one or bond with a new child. To learn more about these Nj Paid Family Leave benefits, visit www.myleavebenefits.nj.gov/fli.
In addition to NJFLI, New Jersey also offers a Disability Insurance (TDI) program, also managed by the NJDOL. TDI provides cash benefits if you are unable to work due to your own physical or mental health condition. For information on TDI, visit www.myleavebenefits.nj.gov/tdi.
It’s also worth noting the federal Family and Medical Leave Act (FMLA), enforced by the U.S. Department of Labor, which provides job protection for employees taking leave due to their own serious health condition. You can explore the FMLA at www.dol.gov/agencies/whd/fmla.
Stay Informed: Recent Updates and Resources
Staying up-to-date on your rights is crucial. The DCR regularly issues guidance and updates to clarify and expand NJFLA protections. For example, in February 2024, the DCR released comprehensive guidance to further explain job protections under the NJFLA, making it easier for employees to understand their rights and options.
Recent press releases highlight the DCR’s active enforcement of the NJFLA, including cases where employers have been held accountable for violating employee rights. These cases often result in significant financial relief for affected employees, underscoring the importance of the NJFLA in protecting workers and their families.
Understanding your rights under the NJ Paid Family Leave system, including both job protection and potential wage replacement benefits, is essential for all New Jersey employees and employers. By utilizing the resources provided by the DCR and NJDOL, you can ensure you are informed and compliant with these vital regulations.
