After many had negotiations with legislators and employee rights groups, New Jersey’s Family Leave Act’s changes and new qualifications finally became effective in New Jersey on July 17, 2026. These changes expand job-protected leave for many workers across the state. More workers are now covered to take protected leave to care for a family member with a serious health condition or bond with a newborn child or newly adopted child within one year of the child’s birth or placement, and be restored to the same or equivalent position upon end of the leave.
IN A NUTSHELL, AMONG THE MOST SIGNIFICANT FAMILY LEAVE ACT CHANGES EFFECTIVE JULY 17, 2026 ARE:
Lowering the employment requirement from 12 months to 3 months.
Reducing the hours-worked requirement from 1,000 hours to 250 hours during the previous 12 months.
Reducing the required employer coverage threshold from 30 employees to 15 employees worldwide.
DON’T SIT ON YOUR RIGHTS. If your employer has discriminated against or has violated your legal rights, you should contact this law firm today for a free consultation. I accept cases from all over NJ and have locations in Southern, Central and Northern NJ to meet with clients. New Jersey Employment Unlawful Retaliation Attorney.
If you are experiencing such illegal acts of employer, you should contact this office immediately at 201 599-9600 for a free consultation.
WHO EXACTLY IS COVERED UNDER THE FAMILY LEAVE ACT?
SOME FURTHER DETAILS
Among some of the further details of who is covered under the law, intermittent leave, job restoration, health care coverage, in the new amended law are:
Covered Employers: Because it’s 15 employees “worldwide”, all employees are included in that 15 employee threshold, not just employees who work in New Jersey. Even if only a few employees work in New Jersey, a company with employees spread across several states may still be a covered employer.
COVERED EMPLOYEES:
The language of the statute as to who is a covered employee is as follows:
“Employee” means a person who is employed for at least three months by an employer, with respect to whom benefits are sought under this act, for not less than 250 base hours during the immediately preceding 12-month period. § 34:11B-3 (e).
COVERED EMPLOYERS
A covered employer is now one who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year. This effectively cuts by 50% the number of employees an employer must have to be a covered employer.
The language of the statute as to who is a covered employer is as follows:
“Employer” means a person or corporation, partnership, individual proprietorship, joint venture, firm, company, or other similar legal entity which engages the services of an employee and which .... employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year.
“Employer” includes the State, any political subdivision thereof, and all public offices, agencies, boards or bodies.
WHAT IS MEANT BY “FAMILY LEAVE”?
“Family leave” means leave from employment so that the employee may provide care made necessary by reason of:
(1) the birth of a child of the employee, New Jersey Pregnancy Discrimination Lawyer, including a child born pursuant to a valid written agreement between the employee and a gestational carrier;
(2) the placement of a child into foster care with the employee or in connection with adoption of such child by the employee;
(3) the serious health condition of a family member of the employee; New Jersey Disability Discrimination Lawyer, or
(4) in the event of a state of emergency declared...by a public health authority, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease, which:
(a) requires in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency;
(b) prompts the issuance by a public health authority of a determination, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee, would jeopardize the health of others; or
(c) results in the recommendation of a health care provider or public health authority, that a family member in need of care by the employee voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee, would jeopardize the health of others.
Any time, up to a maximum of 90 calendar days, during which a person is laid off or furloughed by an employer due to that employer curtailing operations because of a state of emergency declared after October 22, 2012, shall be regarded as time in which the person is employed for the purpose of determining eligibility for leave time under this act. In making the determination, the base hours per week during the layoff or furlough shall be deemed to be the same as the average number of hours worked per week during the rest of the 12-month period.
INTERMITTENT LEAVE IS ALLOWED
The statute states: Family leave; duration, frequency... § 34:11B-4.
An employee of an employer in NJ covered under the FLA shall be entitled to a family leave of 12 weeks in any 24-month period upon advance notice to the employer in the manner;
a. In the case of a family member who has a serious health condition, the leave may be taken intermittently when medically necessary.
b. In the case of the foster care placement, birth or adoption of a healthy child, the leave may be taken intermittently .
c. Leave taken because of the birth or placement for adoption of a child may commence at any time within a year after the date of the foster care placement, birth or placement for adoption.
d. Family leave required by this act may be paid, unpaid, or a combination of paid and unpaid leave. If an employer provides paid family leave for fewer than 12 workweeks, the additional weeks of leave added to attain the 12-workweek total required by this act may be unpaid.
WHAT ARE JOB RESTORATION RIGHTS UPON END OF FAMILY LEAVE?
The statute states: 34:11B-7. Return from leave; conditions:
An employee who exercises the right to family leave, upon the expiration of the leave, be entitled to be restored by the employer to the position held by the employee when the leave commenced or to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment. Employment/Civil Rights Law.
If during a leave provided by this act, the employer experiences a reduction in force or layoff and the employee would have lost his position had the employee not been on leave, as a result of the reduction in force or pursuant to the good faith operation of a bona fide layoff and recall system including a system under a collective bargaining agreement where applicable, the employee shall not be entitled to reinstatement to the former or an equivalent position.
The employee shall retain all rights under any applicable layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave.
CONTINUATION OF HEALTH BENEFITS
The statute states: § 34:11B-8. Continuation of health benefits during leave:
a. During a leave taken under this act, the employer shall maintain coverage under any group health insurance policy, group subscriber contract or health care plan at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously from the date the employee commenced the leave to the date the employee returns to work, or the date on which the employee’s coverage would have expired had the employee not been on leave, whichever is sooner.
b. During a leave taken, the employer shall provide any employment benefits that are not required to be maintained pursuant to the above subsection a. of this section pursuant to the employer’s policy with regard to employment benefits for employees on temporary leave from employment.
EMPLOYEE CHOICE OF BENEFITS
Employees who qualify for both Temporary Disability or Family Leave Insurance benefits have the right to choose which benefit to use and in what order. The employer cannot dictate which one the employee uses first, or require an employee to use these benefits simultaneously.
Statute states: § 34:11B-13. Family leave in addition to temporary disability benefits
Family leave granted under this act is in addition to, and shall not abridge nor conflict with, any rights pursuant to the “Temporary Disability Benefits Law.”
Note: This article is not legal advice and is not to be construed as giving legal advice in any situation or case. There are numerous nuances, changes and amendments in discrimination law and employment law that are mandated every year. If you have a legal question, you should consult with an employment attorney to discuss the specifics of your situation.
DON’T SIT ON YOUR RIGHTS
If you think you are being discriminated against or denied your rights, you should contact this office immediately for a free consultation. I accept employment cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Contact Hope A. Lang, Attorney at Law today for a free consultation.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.