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Highlights
Covered Employers: New Jersey employers. See below for further details.
Effective Date: July 17, 2026
Summary: New Jersey has enacted legislation that amends the New Jersey Family Leave Act by expanding employer coverage and lowering employee eligibility requirements.
Next Steps: Review policies, practices and training to help comply with the changes.
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The Details
New Jersey has enacted legislation (Assembly Bill 3451), which amends the New Jersey Family Leave Act (NJFLA) by expanding employer coverage and lowering employee eligibility requirements.
Background
Under the NJFLA, certain employers must provide eligible employees with up to 12 weeks of job-protected leave in a 24-month period for reasons such as taking time off to bond with a child, caring for a family member or someone equivalent to family member with a serious health condition, or providing care or treatment for a child whose school or daycare is closed due to a public health emergency.
New Jersey Family Leave Act Amendments
Covered Employers
Currently, the NJFLA covers employers with 30 or more employees in the current or immediately preceding calendar years.
Assembly Bill 3451 increases which employers are covered under the NJFLA as follows, based on the number of employees they have in the current or the immediately preceding calendar year:
Effective date
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Employee count
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July 17, 2026
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15 or more employees
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July 17, 2027
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10 or more employees
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July 17, 2028
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Five or more employees
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Lower Coverage Requirements for Employees
Currently, to be covered under the law, an employee must be employed by a covered employer for at least 12 months and have worked at least 1,000 hours during the preceding 12 months.
Effective July 17, 2026, to be covered under the law, an employee must be employed by a covered employer for at least three months and have worked at least 250 hours during the preceding 12 months.
Expanded Temporary Disability Leave
Assembly Bill 3451 also expands job protections for employees who use temporary disability benefits (TDI) or family temporary disability leave benefits (FLI).
Under the law, an employer must:
- Restore an employee to their position or a position with equivalent seniority, pay, and benefits upon return; and
- Let an employee who is eligible for earned sick leave and either TDI or FLI decide the order in which they wish to use their leave.
Next Steps
Employers should review and update their family and disability leave policies to help ensure compliance with Assembly Bill 3451.