Moriarty Bill Extending Protection Under Family Leave Act Passes Senate

TRENTON – The Senate passed legislation sponsored by Senator Paul Moriarty and Senator Andrew Zwicker that would extend job protections to more employees who wish to take paid or unpaid leave. The bill, S-2950, would revise New Jersey’s Family Leave Act to reduce the minimum threshold for covered employers from an employer with 30 employees to an employer with 15 employees, extending the right for an employee to be reinstated to employment after taking family temporary disability leave insurance or unpaid family leave. 

“Despite the fact that the Family Leave Act and Family Leave Insurance are meant to work in tandem to protect New Jersey workers who have to take family leave, current law has a major gap in coverage that may discourage workers from taking the leave they are entitled to,” said Senator Moriarty (D-Atlantic/Camden/Gloucester). “Employees at smaller businesses are much more vulnerable to losing their jobs after taking leave due to the law’s current provisions, disproportionately impacting women, caregivers, and other workers in lower-income brackets. This bill would ensure that the vast majority of New Jersey workers are entitled to family leave protections, whether they work for a huge corporation or a small business.” 

“It’s time we close the gap and guarantee that those working at smaller businesses, which more frequently include low-wage, part-time, and caregiving workers, have the same protections as those working at larger companies,” said Senator Zwicker (D-Hunterdon/Mercer/Middlesex/Somerset). “This essential change would, in turn, create more equitable and predictable systems for both employees and employers statewide.”

The bill would altogether amend the State’s Family Leave Act and Family Leave Insurance, which are often used together to provide job-protected paid leave. FLA provides job protection for eligible employees of covered employers to care for a family member or someone who is the equivalent of family, while FLI provides cash benefits to employees who are unable to work because they need to care for a family member or newborn. Although FLI provides wage replacement benefits to nearly all workers taking family leave, job protection under the FLA is only granted to certain employers and employees. This discrepancy results in a major gap in coverage.

The bill would make several changes to current law in order to close this gap. First, it would revise the criteria for a covered employer under the FLA to include employers who employ 15 or more employees, as opposed to the current threshold of 30 or more employees. It would additionally reduce the minimum length of employment for an eligible employee from 12 months to six months, and the minimum base hours from 1,000 hours to 500 hours. Finally, it would specify that any covered individual would be entitled to be restored to their position or one of equivalent seniority, status, benefits, and pay.