New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S3825

Introduced
5/11/23  

Caption

Revises law concerning family leave to extend protection by reducing, over time, employee threshold from 30 employees to one employee in definition of employer.

Impact

The phased implementation is structured to ensure that by the time the threshold is completely eliminated, all employees would gain reinstatement rights. Initially, the bill mandates that employers with 20 employees will be included shortly after the bill's passage, followed by those with 10 employees a year later. This gradual adjustment aims to mitigate potential impacts on small businesses while expanding worker rights significantly. When fully enacted, every employee will have the right to return to their job post-leave, enhancing job security and workplace equality.

Summary

Senate Bill S3825 seeks to revise existing family leave laws in New Jersey by gradually extending reinstatement protections to employees of smaller employers. Currently, only employees working for firms with 30 or more employees are protected under the Family Leave Act (FLA). This bill proposes to reduce the employee threshold over a three-year period, ultimately ensuring that employees are entitled to reinstatement regardless of the size of their employer. Such changes are intended to provide equal protection to all workers participating in Family Temporary Disability Leave Insurance (FLI).

Contention

Despite its potential benefits, the bill has drawn varying opinions. Supporters argue that it fills a crucial gap in employee protections, safeguarding vulnerable workers who are often at risk of losing their jobs after taking necessary family leave. Conversely, opponents are wary of the strain this may place on small businesses, which may find the adjustment particularly challenging. Concerns focus on the administrative burden and the need to adapt to broader liabilities without sufficient time to prepare, suggesting a need for additional support for small employers during the transition.

Companion Bills

NJ A5166

Same As Revises law concerning family leave to extend protection by reducing, over time, employee threshold from 30 employees to five employees in definition of employer.

Previously Filed As

NJ A1972

Revises law concerning family leave to extend protection by reducing, over time, employee threshold from 30 employees to five employees in definition of employer.

VA HB670

Labor & employment provisions; application of law, protection of employees, definition of employer.

VA HB2098

Labor & employment provisions; application of law, protection of employees, definition of employer.

AL HB290

Employment; employers required to provide location and break time for employees to express breast milk

AL HB49

Employment; employers required to provide location and break time for employees to express breast milk

NJ S2095

"Government Reality Check Act"; prohibits public employers from providing certain benefits to public employees; restricts gifts to public employees; restricts travel by public employees; imposes post-employment restriction on public contracting employees.

CA SB628

Employment: employer contributions: employee withholdings: credit: agricultural employees.

CA SB921

Employment: employer contributions: employee withholdings: credit: agricultural employees.

TX HB5164

Relating to parental leave for certain employees paid by employers or insurance policies maintained by employers.

MD SB785

Labor and Employment - Unpaid Parental Leave - Definition of Employer

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