October 16, 2021

Volume XI, Number 289

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New Jersey’s Friendly Paid Family Leave Law Just Got a Whole Lot Friendlier!

Continuing his trend of protecting and providing for middle class employees and working families in the State of New Jersey, Governor Phil Murphy signed A3975 on February 19th, a law which effectively expands an already generous paid family leave program for those who are forced to miss work to care for a newborn child or other loved one suffering from a serious health condition, into one of, if not the most generous paid leave law in the nation.

Quoting the Governor, “No one should have ever be forced to choose between caring for a family member and earning a paycheck”.

In summary, the new law (which has varying commencement time-tables) provides for the following:

  • Increases the number of weeks for NJ FLI (Family Leave Insurance) and NJ TDI (Temporary Disability Insurance) from 6 weeks to 12 weeks in any 12 month period, and increases the intermittent paid leave period from 42 days to 56 days in any 12 month period (effective July 2020);
  • Increases the current maximum weekly benefit from $650 a week to $860 a week during the leave, an increase from 66% of weekly pay to 85% (effective July 2020);
  • Contains an anti-discrimination/anti-retaliation and reinstatement provision for all employers with an employee population of 30 or more, down from 50 (effective June 30, 2019);
  • Broadens paid leave to care for those beyond immediate family members; the law now includes caring for siblings, in-laws, grandparents and grandchildren, domestic partners, other blood relatives, as well as any other unrelated individual that has such a close relationship that could be construed as “family” (effective immediately);
  • Applies when leave is needed to address domestic and sexual violence situations for one’s self or a family member (effective immediately).

Notably, the funding for A3975 shall be derived exclusively from employee payroll deductions, which means that current employee pay deductions will increase.  Employers will not be required to contribute to these enhanced benefits.

© 2021 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume IX, Number 54
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About this Author

Jay S. Becker, Giordano Law Firm, Labor & Employment, Cannabis Law, Corporate Labor Relations Employment Law and Litigation
Shareholder

Jay, chair of the Labor and Employment Practice Area, devotes his practice to labor relations and employment law and litigation on behalf of management. His experience includes conducting trials, hearings, arbitration and mediation sessions; responding to state and federal administrative agency charges; collective bargaining; drafting employment-related corporate documents such as restrictive covenants, employee handbooks, employment agreements, various stock and compensation plans, and separation/severance agreements. He counsels employers on all employee relations issues including, but...

732-741-3900
Jeri L. Abrams, Giordano Halleran, Employment Documentation Lawyer, Workplace Litigation Attorney,Labor & Employment
Shareholder

Jeri focuses primarily on employment law, with an emphasis on drafting and negotiating complex employment-related documentation, such as executive employment, consulting, restrictive covenant, commission, bonus, retention, change-in-control and severance agreements. Jeri counsels employers on a broad range of employment matters, including hiring, disciplining and terminating employees, family and medical leaves, disability leaves and accommodations, anti-discrimination and anti-retaliation laws, wage and hour compliance, and reductions in workforce. She works closely...

732-741-3900
Ari G. Burd, Shareholder, Giordano Law Firm, Labor & Employment, Cannabis Law, Health Care
Shareholder

Ari devotes his time to assisting and defending employers with regard to traditional employment issues. He frequently counsels employers for compliance with New Jersey laws and has extensive transactional and litigation experience.

Ari has litigated employment matters throughout the state, having made appearances in almost every Superior Court in New Jersey, as well as before both Federal District Courts in New Jersey and the Federal and State Courts in New York.  These actions have involved a diverse range of claims such as wrongful discharge, discrimination, harassment,...

732-741-3900
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