September 28, 2020

Volume X, Number 272

September 28, 2020

Subscribe to Latest Legal News and Analysis

September 25, 2020

Subscribe to Latest Legal News and Analysis

New Jersey Enacts Leave for Organ and Bone Marrow Donors

New Jersey has amended its Temporary Disability Benefits Law (TDB) to provide job-protected leave during “a period of disability” resulting from the donation of any organ or bone marrow. The new law will take effect on May 20, 2020.

Although the Legislature acknowledged that the TDB does not expressly guarantee job security, it decided to amend the law to provide employees job security only when the disability is due to the donation of any organ or bone marrow.

Similar to a leave covered under the New Jersey Family Leave Act, an employee on disability due to the donation of any organ or bone marrow must be restored to the former position at the time the disability commenced or to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment.

However, the new law does not expressly state who is an eligible employee or the length of permitted leave. The Legislature’s statement of the bill indicated support for the position that an employee must be eligible for benefits under the TDB and that the length of leave would be for the period of disability under the law.

Currently, to be eligible for benefits under the TDB, employees must work 20 weeks earning at least $200 weekly or have earned a combined total of $10,000 in the base year (defined as the first four of the last five completed calendar quarters before the employee files a claim). If eligible, employees may receive up to 26 weeks of benefits, which could mean employees are now entitled to up to 26 weeks of job-protected leave if the reason for the disability is the donation of any organ or bone marrow.

In addition to providing job-protected leave, the amendment clarified that a disability resulting from the donation of any organ or bone marrow would qualify the employee for benefits under the TDB. It also eliminated the one-week waiting period typically assigned to disability benefit payments. Thus, employees on disability for the donation of any organ or bone marrow will have benefits payable during the first seven days.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 23

TRENDING LEGAL ANALYSIS


About this Author

James M. McDonnell, Jackson Lewis, restrictive covenants lawyer, harassment retaliation attorney
Principal

James M. McDonnell is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. He represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination and wage and hour claims.

Mr. McDonnell regularly represents employers in federal and state courts and administrative agencies, including the Equal Employment Opportunity Commission, the New Jersey Division of Civil Rights, the United States Department of Labor, and...

973-451-6351
Justin B. Cutlip, Jackson Lewis, DOL representation lawyer, unfair labor practice attorney
Of Counsel

Justin B. Cutlip is an Of Counsel in the Morristown, New Jersey, office of Jackson Lewis P.C. He has extensive experience representing employers in wage and hour hearings and audits before the New Jersey Department of Labor and representation cases and unfair labor practice proceedings before the National Labor Relations Board.

Mr. Cutlip also regularly represents employers in federal and state courts and administrative agencies including the Equal Employment Opportunity Commission, the New Jersey Division on Civil Rights, the U.S. Department of Labor and the New Jersey Department of Labor. He counsels clients on issues relating to hiring, termination, discipline, disability leaves, Family and Medical Leave Act, and New Jersey Family Leave Act. Prior to joining Jackson Lewis, Mr. Cutlip was a Field Attorney for the Federal Labor Relations Authority where he investigated and litigated unfair labor practice charges and presided over representation hearings.

973-451-6330