New Jersey Substantially Expands The New Jersey Family Leave Act’s Coverage
On January 17, 2026, Governor Phil Murphy signed into law A3451/S2950 (the Act), which significantly broadens the protections of the New Jersey Family Leave Act (NJFLA).
02.05.26
The Act takes effect six months following its enactment—on July 17, 2026—and amends the NJFLA to cover currently exempt small employers and reduce the minimum amount of time an employee must be employed before becoming eligible for leave.
Currently, the NJFLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 24-month period to: (a) provide care to a child after birth, adoption, or foster care placement, (b) care for a family member with a serious health condition, or (c) respond to certain public health emergencies affecting a child or family member. The NJFLA applies to employers with 30 or more employees, and employees who have been employed with a covered employer for at least 12 months and worked at least 1,000 hours in the prior year.
Beginning on July 17th, changes to the NJFLA will include the following:
- An employee will be eligible for leave under the NJFLA if he or she (a) works for an employer with 15 or more employees, (b) has been employed by the employer for at least three months, and (c) has worked at least 250 hours during the preceding 12-month period.
- An employer must reinstate an employee who uses Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI) to their previously held position or an equivalent role with comparable pay, benefits, seniority, and other terms and conditions of employment.
- An employee eligible for paid sick leave, TDI or FLI may select the order in which to take these different kinds of leave but may not use more than one type of paid leave simultaneously.
New Jersey employers, particularly those with 15 or more employees, should review their policies to ensure they reflect the expanded eligibility and coverage requirements. In addition, employers should provide relevant training to staff overseeing leave to be sure those employees understand the amendments to the NJFLA. We are available to assist employers preparing for the coming changes in the NJFLA.
Co-authors Gregory Sellers, partner, and C. Quincy Conrad[1], associate, are members of the Litigation Department at Klehr Harrison.
[1] Quincy Conrad is not barred in the State of New Jersey.