New Jersey State Assembly Passes Bill Expanding Family Leave

??????????? Access to paid family leave is essential to protecting the well-being of workers and their families. On February 12, 2024, the New Jersey Assembly passed Assembly Bill No. 3451 (“A3451”), aimed at extending job-protected family leave to employees of smaller businesses. Spearheading this effort is Assemblywoman Quijano, the Assembly Majority Leader, who introduced the Bill in the 2024-2025 session.

??????????? Under the New Jersey Family Leave Act (“FLA”), employers with at least 30 employees are required to provide up to 12 weeks of paid, job-protected leave during any 24-month period for eligible employees to care for their loved ones. New Jersey employees pay into the Family Leave Insurance (“FLI”) program through payroll deductions.

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??????????? Assembly Bill No. 3451 would extend the right of employees to be reinstated after taking paid or unpaid family leave to employees of employers with fewer than 30 employees. This would ensure that nearly all workers who pay for FLI will have the ability to return to work after taking FLI benefits. The extension of reinstatement rights is to be phased in gradually.? Upon the effective date of the bill, the threshold would be lowered to 20 employees. One year later, it would be further reduced to 10 employees, and two years after the effective date, the threshold would be lowered to five employees. Once the phase -in is complete, A3451 would prohibit employers of five or more employees from retaliating against covered employees who take paid or unpaid leave under the FLA to care for a family member.

Furthermore, A3451 will allow employees who are eligible for both earned sick leave and either temporary disability benefits or temporary family disability leave benefits to choose between using earned sick leave and the applicable temporary disability benefits. Employees can also select the order in which different types of leave are taken, but they cannot receive more than one kind of paid leave simultaneously during any period of time.

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The bill passed the Assembly with a vote of 48-26 with two abstentions. However it still faces significant opposition from the small business lobby and must pass the Senate before it can become effective. Opponents have argued that small businesses are not financially equipped to bear the costs related to increased employee absenteeism, and also that small businesses will face increased litigation from former employees.

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Despite the challenges which remain ahead, Assembly Bill No. 3451 represents a significant step forward in supporting the rights of employees to take family leave without fear of retaliation or loss of employment. As Assembly Speaker Craig Coughlin noted, “Study after study shows that expanding the Family Leave Act is good for the work force, good for babies and families, and good for the state overall. No one should have to choose between caring for, or bonding with, a newborn child and remaining employed. The legislation advanced today would help ensure that the vast majority of workers never will.” (https://wrnjradio.com/nj-general-assembly-approves-legislation-to-expand-access-to-states-family-leave-act/#:~:text=%E2%80%9CStudy%20after%20study%20shows%20that,newborn%20child%20and%20remaining%20employed.) For more information, please see Assembly Bill A3451 and current New Jersey Employee Leave Options.

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