New Jersey — Leave Laws

New Jersey requires every employer to provide earned sick leave to employees working in the state. Employees accrue one hour of earned sick leave for every 30 hours worked, up to a maximum of 40 hours per benefit year. Employers may alternatively provide the full 40 hours at the beginning of each benefit year rather than using the accrual method.

Source: N.J.S.A. 34:11D-2

New Jersey's Family Leave Insurance (FLI) program provides wage-replacement benefits to covered workers who take leave to bond with a new child, care for a family member with a serious health condition, or handle matters related to domestic or sexual violence. Workers may receive up to 12 consecutive weeks of benefits (up to 84 days) in a 12-month period, or up to 56 individual days (eight weeks) if taking intermittent leave. For claims beginning in 2026, the weekly benefit rate remains 85% of the worker's average weekly wage, but is subject to the annually-adjusted maximum. The maximum weekly FLI benefit for 2026 is $1,119—an increase enacted by the New Jersey Department of Labor and Workforce Development, effective January 1, 2026. FLI provides cash benefits only and does not by itself guarantee job protection, though workers' jobs may be protected separately under the federal Family and Medical Leave Act or the New Jersey Family Leave Act if coverage criteria are met.

Source: NJ Division of Temporary Disability and Family Leave Insurance Source: NJ Department of Labor — 2026 Temporary Disability and Family Leave Insurance Contribution & Benefit Rate Table

The New Jersey Family Leave Act (NJFLA), N.J.S.A. 34:11B-1 et seq., provides eligible employees up to 12 weeks of unpaid, job-protected leave in any 24-month period for certain family-related reasons. Unlike the federal Family and Medical Leave Act (FMLA), the NJFLA does not cover an employee’s own serious health condition; that remains subject to New Jersey’s Temporary Disability Insurance (TDI) program or the federal FMLA.

Covered Reasons

• Bonding with a new child within one year of birth, adoption, or foster placement
• Caring for a family member with a serious health condition (broadly defined in the statute)
• Responding to public-health emergencies (including the COVID-19-specific expansions still in effect)

If the employer provides fewer than 12 weeks of paid family leave, the NJFLA allows combining paid and unpaid leave up to the 12-week entitlement (N.J.S.A. 34:11B-4(d)).

Employer coverage and employee eligibility schedule

• Through July 16, 2026: The NJFLA applies to employers with 30 or more employees (worldwide count; not limited to NJ-based), measured on each working day during at least 20 workweeks in the current or prior year. Public employers (state and local government) are covered regardless of size. Eligible employees must have at least 12 months of service and 1,000 hours worked in the preceding 12 months.

• July 17, 2026 – July 16, 2027: The private-employer threshold drops to 15 or more employees. Employee eligibility drops to 3 months' service and 250 hours worked in the preceding 12 months.

• July 17, 2027 – July 16, 2028: The threshold further drops to 10 or more employees (same employee eligibility rules).

• From July 17, 2028 onward: The threshold drops to 5 or more employees. All phased reductions retain the worldwide count rule for private employers, and public employers remain covered regardless of size. The 20-week “current/preceding year” measurement continues to apply for headcount.

The phased expansion schedule is directly codified by statutory amendment (A3451/S2950), and the New Jersey Division on Civil Rights has indicated it will update guidance as each threshold takes effect.

Reinstatement and job protection Employees returning from NJFLA leave are entitled to be restored to their job or an equivalent position with equivalent benefits, pay, and status (N.J.S.A. 34:11B-7). Employees must be treated as if never on leave for layoff/recall purposes. Reinstatement may be declined only if the employer can prove the employee would have lost the job irrespective of leave under a bona fide layoff/recall system.

Retaliation and administrative recourse Employers may not retaliate against, discharge, or otherwise penalize employees for use of NJFLA leave. Administrative and judicial remedies include back pay, reinstatement, statutory/punitive damages, and attorney’s fees (N.J.S.A. 34:11B-9, -11, -12).

Interaction with TDI and FLI Job protection is distinct from wage replacement: Employees may qualify for wage replacement under the state FLI or TDI statutes, but NJFLA entitles only job protection. The 2026 amendments require reinstatement following TDI/FLI leave as well. The coordination between this new requirement and pre-existing NJFLA entitlements may require further regulatory clarification.

Update note: This section was revised in June 2024 to reflect the multi-year phased coverage threshold reduction schedule enacted in 2026, effective through July 2028. Practitioners should monitor the Division on Civil Rights for updated compliance guidance as each threshold step becomes operative.

Source: N.J.S.A. 34:11B-1 et seq. (NJFLA) Source: New Jersey Division on Civil Rights — New Jersey Family Leave Act Source: A3451/S2950, Sec. 8 (N.J. 2026)

The 2026 amendment to the New Jersey Family Leave Act (NJFLA)—enacted as L. 2026, c.____ (A3451/S2950)—introduces a phased reduction to the Act’s private‑employer coverage threshold over a multi‑year schedule, going well beyond the previously published 15‑employee threshold. This staged expansion is specifically enumerated in the enabling statute text:

Stepdown schedule:

• On July 17, 2026 (six months post‑enactment), the NJFLA threshold for private employers drops from 30 to 15 employees.
• On July 17, 2027, it drops to 10 employees.
• On July 17, 2028, it drops to only 5 employees.

The employee count for coverage remains measured on a worldwide basis (not limited to NJ‑based employees), and the 20‑weeks test is retained. Public employers remain covered regardless of size throughout.

Statutory source: The phased expansion is detailed in Section 8 of A3451/S2950 (2026), which amends N.J.S.A. 34:11B‑3(e). The session law and the legislature’s fiscal estimate confirm these specific dates and thresholds for automatic future stepdown, absent further statutory amendment. The Division on Civil Rights is expected to update its formal guidance and compliance resources before each new threshold takes effect, but as of this writing (June 2026) the phased reduction schedule is explicitly hard‑coded in the statutory text and does not require regulatory action for implementation.

Coverage implications: By July 17, 2028, almost all private employers with at least five employees (globally) will be subject to NJFLA job‑protection requirements. This is among the lowest coverage thresholds for any state family‑leave statute.

For details and legislative text: see Section 8 of A3451/S2950 (NJ 2026). For current text, check both the enrolled bill and subsequent official codification of N.J.S.A. 34:11B‑3(e) as updated post‑enactment. Source: A3451/S2950, Sec. 8 (N.J. 2026)

Eligibility for use of earned sick leave after hire

Under New Jersey's Earned Sick Leave Law (N.J.S.A. 34:11D-1 et seq.), employees start accruing earned sick leave immediately upon beginning employment. However, employees are not entitled to use earned sick leave until the 120th calendar day after their employment begins, unless an employer chooses to allow earlier use. Employers retain discretion to permit use before this statutory waiting period but are not required to do so under the law.

Key Mechanics (N.J.S.A. 34:11D-2)

• Accrual begins on the first day of employment.
• Usage eligibility starts on the 120th calendar day of employment.
• Employers may opt to let employees use accrued leave sooner, but the 120-day period is the statutory minimum.

After the 120-day waiting period, employees may use earned sick leave as it accrues, or, if the employer has front-loaded the annual entitlement at the start of the benefit year (the "frontloading" method), employees may use the full amount immediately upon becoming eligible. If an employee separates and is rehired within six months, prior service counts toward the 120 days; the waiting period does not restart.

This waiting period applies to all new employees, regardless of job classification or whether they are hourly or salaried.

Regulatory Authority (N.J.A.C. 12:69-3.5)

• The New Jersey Department of Labor & Workforce Development's implementing regulations (N.J.A.C. 12:69-3.5(b)-(c)) reinforce that employees cannot use earned sick leave until their 120th day of employment, except at employer's discretion, and clarify rules for rehires.

Summary for practitioners:

• Employees accrue but cannot use earned sick leave for the first 120 calendar days of employment unless the employer allows otherwise. After that, use is permitted as accrued, or, for front-loaded policies, all at once.

Source: NJDOL – What Employers Need to Know: Earned Sick Leave (see p. 2) Source: N.J.A.C. 12:69-3.5 – Wage & Hour Laws (NJDOL site)

Employees in New Jersey may use earned sick leave only for the specific purposes listed in N.J.S.A. § 34:11D‑3(a). That statutory list is the exclusive basis for leave; employers are not required to grant leave for any other reasons. N.J.S.A. § 34:11D‑3(c).

Permitted uses (subsection a):

• For the employee’s own mental or physical illness, injury, or other adverse health condition; diagnosis, care, treatment, recovery from such condition; or preventive medical care (paragraph (1)).
• To aid or care for a family member under the same health-related circumstances—illness, injury, adverse health condition, or preventive care (paragraph (2)).
• For absence due to domestic or sexual violence involving the employee or a family member, where leave is needed for medical attention, counseling, legal services (such as obtaining a restraining order or participating in legal proceedings), relocation or other support services (paragraph (3)).
• For issues of public health emergency: closure of the employee’s workplace, or the school/place of care of their child, by order of a public health authority; or when a health authority issues a public health-related determination affecting the employee or a family member (paragraph (4)).

Documentation requirements: Employers may require reasonable documentation only in two specific scenarios (N.J.S.A. § 34:11D‑3(b)), and as clarified in NJDOL Guidance for Earned Sick Leave Policies (April 2024):

1. When the employee uses sick leave for three or more consecutive workdays.
2. When the leave is unforeseeable and sought during employer‑specified high‑volume dates or special events (if the employer has provided notice of these dates in advance).

For the above, “reasonable documentation” depends on the leave purpose:

• For illness or preventive care, documentation signed by a health care professional stating leave is necessary.
• For domestic/sexual violence, a range of documents is permissible: police report, court order, documentation from a qualified counselor, or similar, as listed in the statute.
• For quarantine or related public health reasons, a copy of the health authority’s order is sufficient.

Employers cannot demand documentation for less than three consecutive days or for foreseeable leave used outside of high-volume events.

Source: N.J.S.A. 34:11D‑3 Source: NJDOL Guidance for Earned Sick Leave Policies (April 2024)

For calendar year 2026, New Jersey's Family Leave Insurance (FLI) program pays 85% of a qualifying employee’s average weekly wage, subject to a statutory maximum weekly benefit of $1,119. This figure marks the maximum amount an employee can receive per week under FLI for leave starting in 2026. The benefit calculation and cap are set annually by the New Jersey Department of Labor & Workforce Development and apply to both FLI and Temporary Disability Insurance (TDI).

To qualify for FLI benefits in 2026, an employee must meet one of the following base-year earnings requirements:

1. Base Week Method: The employee must have worked at least 20 weeks in covered New Jersey employment, earning at least $310 per week (the 2026 minimum base week threshold);

OR

2. Alternative Earnings Method: The employee must have earned at least $15,500 in total covered New Jersey wages during the base year (the first four of the five completed calendar quarters prior to the start of leave).

These thresholds are published annually by the Department of Labor to reflect changes in the statewide average weekly wage. The new 2026 figures ($310 per base week and $15,500 total) are higher than prior years. FLI eligibility is determined at the time a claim is filed, based on wage records reported by employers.

This eligibility framework and benefit maximum are codified in the Temporary Disability Benefits Law as incorporated into the FLI program, and are confirmed in official rate notices for 2026.

Source: New Jersey Department of Labor – Family Leave Insurance: Worker Information Source: 2026 Temporary Disability and Family Leave Insurance Contribution & Benefit Rate Table (NJDOL)