New Jersey Family Leave Act

New Jersey Family Leave Act

Enacted in 1989, the New Jersey Family Leave Act is enforced by the New Jersey Division on Civil Rights and offers job protection to eligible employees of covered employers when taking family leave in specific circumstances. The law addresses the most pervasive concerns New Jersey employees have about taking leave from work: the fear of losing employment, seniority, and access to job advancement.

Overview of the New Jersey Family Leave Act (NJFLA)

Under the New Jersey Family Leave Act, a person who works for a state or local government agency, or a company or organization with 30 or more employees worldwide, and who has been employed by the company for at least 1 year and has worked at least 1,000 hours in the past 12 months, can generally take up to 12 weeks of job-protected leave during a 24-month period:

• To care for or bond with a child, as long as the leave begins within 1 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 (including a diagnosis of COVID-19);
• 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 (including COVID-19) 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 (including COVID-19) or other public health emergency during a state of emergency.

Eligible employees can take a consecutive block of up to 12 weeks or can take leave on an intermittent or reduced schedule.

When returning to work, the employee is entitled to return to the same position they held before leave. And an employer may not retaliate against someone for taking or attempting to take leave under the NJFLA.

Anyone who believes their rights under the NJFLA have been violated may file a complaint with DCR within 180 days of the incident. Click here to learn more about filing a complaint with DCR.

Visit www.myleavebenefits.nj.gov/fli to learn about New Jersey’s Family Leave Insurance (NJFLI) program, which provides cash benefits when workers need to care for a loved one or bond with a new child. New Jersey Department of Labor and Workforce Development (NJDOL) administers this program.

Visit www.myleavebenefits.nj.gov/tdi to learn about New Jersey’s Disability Insurance (TDI) program, which provides cash benefits for one’s own physical or mental health condition. New Jersey Department of Labor and Workforce Development (NJDOL) administers this program.

Visit www.dol.gov/agencies/whd/fmla to learn about the federal Family and Medical Leave Act (FMLA), which provides job protection for one’s own health condition. FMLA is enforced by the United States Department of Labor.

Additional Resources

• NJFLA Law
• NJFLA Regulations (beginning at N.J.A.C. 13:14-1.1)
• NJFLA FAQ: Online | PDF
• NJFLA Fact Sheet:
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Relevant Press Releases

February 2024 | DCR Issues New Guidance to Clarify Job Protections Under State Family Leave Law
DCR has created a comprehensive guidance document to clarify the protections afforded by the New Jersey Family Leave Act (NJFLA). The new resource announced today is the first comprehensive source of accessible information about the NJFLA and its relationship with other state and federal laws, thus empowering employees to make informed choices about taking family leave.

May 2023 | DCR Announce Consent Agreements in Family Leave Act Cases
DCR finalized consent decrees resulting in the recovery of a total of over $200,000 in relief in two cases alleging that employers violated the New Jersey Family Leave Act (NJFLA). The settlements resolve complaints that the former employers violated the NJFLA by terminating employees who requested leave to bond with their newborn children.

March 2022 | Acting AG Platkin Announces $195,000 Settlement in Division on Civil Rights Case Alleging Denial of Family Leave and Breastfeeding Rights
DCR has obtained a $195,000 settlement on behalf of a former corporate marketing director who alleged she was retaliated against – and ultimately fired – for taking pregnancy-related family leave time available to her under State law and seeking a reasonable accommodation related to breastfeeding.

October 2021 | DCR Adopts New Rules Containing Expanded FLA Protections for Workers and Their Families
DCR has adopted amendments to its rules under the New Jersey Family Leave Act (NJFLA), including amendments based on a law signed by Governor Murphy to expand protections for family leave related to COVID-19. The amendments promote the health and safety of New Jersey workers and their families by allowing more employees to take family leave for more reasons than ever before without fear of job loss—including for reasons related to a public health epidemic such as COVID-19. Under the rules, eligible employees are generally entitled to return to the same positions they held prior to taking family leave.