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NJ Employment Law 2020: What Employers Need to Know, New Jersey Law Journal

Posted Mar 16, 2020

By Gregory S. Hyman, co-managing partner of the KDV Philadelphia Office and Katharine W. Fogarty, KDV attorney
Published by New Jersey Law Journal  l  March 11, 2020

The last year brought several significant developments in New Jersey employment laws. In 2020, employers will navigate changes to among other laws, Family Leave, Temporary Disability Benefits, and Family Leave Insurance. In light of these changes, employers are strongly encouraged to review their disability and accommodation policies and ensure that they follow new guidelines for the “interactive process” that employers are required to participate in with potentially disabled employees.

NJ Family Leave Act

While already in effect as of June 30, 2019, some employers may still not be aware that the New Jersey Family Leave Act (NJFLA) expanded its coverage, requiring more employers to provide leave for employees to care for their family members. Now, all employers with at least 30 employees (previously 50 employees) must provide job-protected leave for qualifying employees to care for a family member or to bond with a new child. Qualifying employees have worked for their employer for at least 1 year and 1,000 hours in the last 12 months. The child bonding qualification now includes the placement of foster children and children born through a gestational carrier.

As with similar leaves, family leave may be taken either consecutively or intermittently. The NJFLA amendment shortened the advance notice requirement to use intermittent leave, from 30 days to 15 days. For consecutive leave, to care for a newborn or a child placed for foster care or adoption, the notice period remains at 30 days.

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