May 24, 2012

New Jersey Paid Family Leave Law Takes Effect

The New Jersey Paid Family Leave Law (“NJPFLL”) entitles employees to up to six weeks of paid leave in any twelve-month period to care for a seriously ill family member or to care for or bond with a new child. Benefits will be paid through the state’s existing Temporary Disability Insurance program and funded by a new tax on employee wages that became effective January 1, 2009.

The required employee payroll deductions must be noted on the pay envelope, paycheck, or some other form of notice. The paid leave law does not alter an employee’s rights under the FMLA or the New Jersey Family Leave Act. If the employee is eligible for unpaid leave under federal or state law, paid leave under the new law will run concurrently with that leave. Thus, under the new law, the first six weeks of an employee’s otherwise unpaid leave will be paid to the extent available under the state’s TDI program.
 
NJPFLL requires employers to provide notice of the legislation to: (1) all employees (presumably with a regular paycheck or pay stub); (2) any employee requesting leave under the legislation; (3) all new hires; and (4) any employee who requests a copy. The notice must be posted conspicuously in the workplace. Two legislative efforts currently pending seek to postpone the July 1, 2009 enactment date of the legislation.
 

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