- The Act applies to private employers with 25 or more employees, and to all public offices, agencies, boards and government bodies in the State.
- The employee must be employed for at least 12 months (need not be consecutive), and have worked at least 1,000 base hours during the immediately preceding 12-month period, to be eligible for leave.
- A covered employee who is a victim of domestic violence or a sexually violent offense (“qualifying incident”), or whose child, parent, spouse, domestic partner, or civil union partner (“family member”) is a victim, is entitled to unpaid leave of at least 20 days in one 12-month period.
- The leave must be taken in the 12-month period immediately following any qualifying incident.
- Employees may take leave to engage in any of the following activities (either for themselves or for a family member):
- Seeking medical attention for, or recovering from, physical or psychological injuries caused by the incident;
- Obtaining services from a victim services organization;
- Obtaining psychological or other counseling;
- Participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the victim’s safety or to ensure his or her economic security;
- Seeking legal assistance, including preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic or sexual violence; or
- Attending, participating in, or preparing for a criminal or civil court proceeding relating to an incident of domestic or sexual violence.
- Unpaid leave may be taken intermittently in intervals of at least one day, within the 12-month period following the qualifying incident.
- Each qualifying incident is a separate offense for which an employee is entitled to unpaid leave, provided he or she has not exhausted the allotted 20 days for the 12-month period.
- The employer may request documentation supporting the need for leave.
- The employer may not threaten or discharge, harass or otherwise discriminate or retaliate against an employee because the employee took or requested NJ SAFE Act leave.
- The employer must post a notice advising employees of their rights and obligations under the law (the NJ Department of Labor will create a poster shortly).
Tags: Human Resources • NJ SAFE Act • protected leave • domestic violence