What changed under New Jersey’s new family leave law in 2026?

New Jersey expanded family leave coverage and job protections under A3451/S2950, which took effect on July 17, 2026. Among other changes, the law extends coverage to more workers by lowering employer-size and employee-hours thresholds.

Which employers are covered by New Jersey’s expanded family leave law?

The new law expands coverage to employers with at least 15 employees. Previously, the applicable threshold was 30 employees, meaning workers at smaller New Jersey employers may now qualify for family leave protections.

How many hours must an employee work to qualify for New Jersey family leave?

Under the expanded law, eligible employees may qualify after working at least 250 hours during the previous three months. This significantly reduces the prior hours-worked requirement.

Does New Jersey family leave provide job protection?

The new law provides job restoration protections for employees receiving Temporary Disability Insurance, or TDI, benefits. Covered employees generally must be restored to their previous position or a comparable position when they return.

What is considered a comparable position after returning from leave?

Under the expanded protections, a comparable position should be comparable in areas such as seniority, status, benefits, pay, and other terms and conditions of employment.

Can New Jersey employees choose which leave benefits they use first?

The 2026 law gives eligible employees greater control over the order in which they use certain available leave benefits. For example, an employee eligible for multiple programs may be able to decide whether to use paid family leave, earned sick leave, or temporary disability benefits first.

Does New Jersey family leave cover maternity and bonding leave?

New Jersey provides protections and benefits that may apply to employees taking leave related to pregnancy, childbirth, bonding with a new child, and other qualifying family circumstances. Eligibility depends on the particular leave or benefits program involved.

Does New Jersey family leave cover employees caring for family members?

Qualifying New Jersey employees may be entitled to leave to care for certain family members. The 2026 expansion means more workers at smaller employers may now qualify for applicable family caregiving protections.

Can an employer retaliate against an employee for taking family leave in New Jersey?

Employers cannot lawfully retaliate against employees for exercising legally protected leave rights. Depending on the circumstances, retaliation could include termination, demotion, reduced hours, or other adverse employment actions because an employee requested or took protected leave.

How much job-protected leave can an eligible employee take under the NJFLA?

Eligible employees can generally take up to 12 weeks of job-protected leave during a 24-month period for qualifying family leave reasons.

Is leave under the New Jersey Family Leave Act paid?

The NJFLA itself provides job protection rather than cash benefits. Depending on eligibility, an employee may be able to receive Family Leave Insurance benefits or use other available paid leave while taking protected leave.

Can an employee use NJFLA leave for their own medical condition?

Generally, no. NJFLA leave is primarily available to care for or bond with a child or to care for a qualifying family member. Other protections, such as the federal FMLA or New Jersey Temporary Disability Insurance, may apply to an employee’s own health condition.

How does the NJFLA interact with the federal FMLA?

When a leave reason is covered by both laws, the leave may count under both at the same time. If only one law covers the reason for leave, the employee’s entitlement under the other law may remain available.

Can NJFLA leave be taken intermittently instead of all at once?

Yes. Eligible employees may be able to take leave continuously, intermittently, or on a reduced schedule. The applicable scheduling and notice requirements can depend on the reason for the leave.

How much notice must an employee give before taking NJFLA leave?

Notice requirements vary. For example, bonding leave generally requires 30 days’ notice for continuous leave and 15 days’ notice for intermittent or reduced leave, subject to exceptions for emergent circumstances.

Can an employer require documentation for NJFLA leave?

Yes. Depending on the reason for the leave, an employer may require an appropriate certification, such as information supporting a family member’s serious health condition or the birth or placement of a child.

Who qualifies as a family member under the NJFLA?

The definition is broad and can include children, parents, spouses, siblings, grandparents, grandchildren, domestic partners, certain other relatives, and individuals who have a close association with the employee that is equivalent to a family relationship.

Does an employer have to continue health insurance during NJFLA leave?

Employers generally must continue applicable health insurance coverage during NJFLA leave, subject to the terms and circumstances under which the coverage would otherwise remain in effect.

Can workers at employers with fewer than 15 employees still receive job protection?

Potentially. Even when NJFLA does not apply, workers receiving qualifying Temporary Disability Insurance or Family Leave Insurance benefits may have separate job protection under the TDI/FLI law when their leave is not already protected by NJFLA or FMLA.

Did the 2026 law change eligibility for Family Leave Insurance cash benefits?

No. The 2026 changes expanded job-protection rights, but eligibility for TDI and FLI cash benefits continues to be determined under separate requirements based on recent earnings.

New Jersey Expands Family Leave Coverage and Protections

2 Oct 2026

Last Updated: October 2, 2026

On July 17, 2026, New Jersey law A3451/S2950 went into effect, expanding coverage for workers under the New Jersey Family Leave Act. Previously, New Jersey law required employers with 30+ employees to offer paid family leave to employees who worked at least 1,000 hours in the past 12 months. This new law expands coverage to employers with 15 employees, and its employees who have worked for at least 250 hours in the past three months.

Additionally, the expansion law creates job protections for employees receiving temporary disability insurance (TDI) benefits. An employee receiving TDI benefits must be restored to the same position, or one that is comparable in seniority, status, benefits, pay, and/or other terms and conditions of employment.

The law also allows employees the ability to choose what order they’d like to use their leave benefits. For example, if an employee is eligible for state paid family leave, earned sick leave, and temporary disability benefits, the employee has the discretion to choose the order in which they would take such leaves.

Employees should be aware that under New Jersey law, an employer cannot retaliate against you for taking legally protected leave. This law greatly expands employees’ rights, and provides additional protection for employees taking maternity, bonding, and caregiving leave.

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About Jonathan Goldhirsch

Jonathan Goldhirsch is an Associate in Faruqi & Faruqi’s New York office. Jonathan’s practice is focused on employment litigation.

Jonathan Goldhirsch

Associate at Faruqi & Faruqi, LLP

New York office

Tel:(212) 983-9330

Fax:(212) 983-9331

E-mail:jgoldhirsch@faruqilaw.com

Tags: Caregiver Leave, employee rights, Maternity Leave, New Jersey Employment Law, New Jersey Family Leave, NJ Family Leave Act, Paid Family Leave, Parental Leave, Temporary Disability Insurance, workplace retaliation

New Jersey Expands Family Leave Coverage and Protections

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