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Employers: Are Your Employee Policies Compliant With Impending Changes To The New Jersey Family Leave Act?

Written By:
Ashley Whitney

Associate, Employment & Labor Law

CSG Law

 
Most New Jersey employers are already familiar with the New Jersey Family Leave Act (“NJFLA”), which entitles many employees in New Jersey to take unpaid protected family leave; however, many are unaware of upcoming changes to the law that will expand the pool of New Jersey employers who are obligated to offer leave as well as the employees who are eligible for leave, starting on July 17, 2026.

Under the current version of the NJFLA, private employers with 30 or more employees are required to provide unpaid family leave to qualifying employees. However, beginning July 17, 2026, the threshold will decrease to include all employers with 15 or more employees.

The amendments also enable qualifying employees to become eligible for leave sooner after commencing employment by expanding the definition of employee. Under the current law, employees who have worked for an employer for 12 months with at least 1,000 hours worked in the past 12-month period are eligible to take family leave. However, beginning on July 17, 2026, employees may take family leave once they have worked for an employer for 3 months with at least 250 hours worked in the past 12-month period. As a result, many employees who were previously ineligible will be entitled to utilize family leave under the NJFLA.

The components of available leave remain the same, which means that eligible employees will continue to be able to take up to 12 weeks of leave (either on a consecutive or intermittent schedule) during a 24-month period. The leave remains available only for family-related care or illness and cannot be used for an employee’s own health condition. Employees continue to be able to use leave for any of the following purposes:

 

  • To care for or bond with a child, as long as the leave begins within one year of the child’s birth or placement for adoption or foster care;
  • To care for a family member, or someone who is the equivalent of family, who has a serious health condition;
  • To care for a family member, or someone who is the equivalent of family, who has been isolated or quarantined because of suspected exposure to a communicable disease during a state of emergency; or
  • To provide required care or treatment for a child if their school or place of care is closed by order of a public official due to an epidemic of a communicable disease or other public health emergency during a state of emergency.

 

Further, while employers were always prohibited from retaliating against employees for taking or attempting to take leave under the NJFLA, the amended NJFLA now expressly states that, upon the conclusion of an employee’s leave, the employee is entitled to be restored to the position they held when the leave commenced or to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment. Employers who fail to abide by the requirements of the NJFLA may be subject to administrative penalties and fines or may face civil lawsuits by employees.

Accordingly, it is critical for employers to be aware of the new requirements under the NJFLA and to ensure that supervisors and human resources professionals are implementing the proper protocols to keep employers compliant with the law.

 

 

 

If you are an employer seeking guidance regarding the New Jersey Family Leave Act or any other employee leave mandated by federal or state law, implementation of corresponding employee policies, or evaluation of existing employee policies for compliance, please contact the author of this alert or the CSG Law Employment & Labor Law Group.
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