New Jersey Small Employers – Get Ready To Provide Your Employees With 12 Weeks Of Job Protected Leave!

On January 17, 2026 Governor Murphy signed into law amendments to the New Jersey Family Leave Act (NJFLA). The NJFLA allows eligible employees to take 12 weeks of job protected leave per year to bond with a newborn baby or to care for a family member with a serious health condition. The amendments lower eligibility requirements making most employees eligible for leave.

Changes To The Definition Of Employee

The definition of an eligible employee under the NJFLA was an individual employed for at least 12 months by their employer and who has worked at least 1,000 hours for the 12-month period preceding the need for leave. The amendments lower the 12-month employment requirement to three months, with the employee working at least 250 hours (changed from 1,000 hours) for the 12-month period preceding the need for leave. There is already an inconsistency in the new law. The Governor’s press release announcing the amendments states that an employee must work 250 hours in the three months preceding the need for leave. The statute however, states that the employee must work 250 hours in the 12 months preceding the leave. We expect this inconsistency to be rectified before the amendments take effect.

Changes To The Definition Of Employer

The amendments also change the definition of a covered employer. Prior to the amendments, the NJFLA applied only to employers with 50 or more employees. The amendments now phase-in employer coverage based on employee headcount. Beginning on July 17, 2026 through July 16, 2027, the amendments will cover employers with 15 or more employees. Beginning on July17, 2027 through July 16, 2028, employers with 10 or more employees will be covered. Beginning on July 17, 2028, the amendments will cover employers with five or more employees.

Job Restoration

The amendments also require employers to restore employees who take temporary disability or family leave insurance benefits to their position or to an equivalent position of similar seniority, status, benefits, and other terms and conditions of employment. Note, the NJFLA recognizes that an employer may implement a reduction in force/layoff while an employee is on family leave, and that if the employee would have been impacted if they had not taken leave, then the employer may proceed with the elimination of the employee’s position. The amendments recognize the NJFLA’s exceptions to job protection.

Employee Chooses Their Leave Benefits

Finally, the amendments make clear that if an employee is eligible for New Jersey Earned Sick Leave, and either temporary disability or family leave insurance benefits, the employee may select the order in which these leave benefits are taken.

Effective Date

The amendments take effect on July 17, 2026.

What This Means For New Jersey Employers

Now is the time to start planning for the financial and staffing impacts of the new law. The amendments mean that many small employers will face staffing challenges when required to provide for three months of job protected leave and for job restoration upon the employee’s return. Employers will have additional cost as they may have to plan to hire temporary employees. It’s also time for employees to start updating their leave policies. If you have questions, please contact Brigette N. Eagan, Esq., Chair of the Human Resources Law and Compliance Group via email here.