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New Guidance Issued to Bolster Job Security Under New Jersey Family Leave Law
State's Initiative Aims to Demystify Family Leave Rights and Obligations
TRENTON, NJ – In a landmark move to strengthen workforce rights, Attorney General Matthew J. Platkin, together with the Division on Civil Rights (DCR), unveiled a new guidance document today aimed at clarifying the protections provided by the New Jersey Family Leave Act (NJFLA). This initiative represents the first comprehensive effort to make the nuances of the NJFLA and its interplay with other legal statutes more accessible, empowering New Jersey workers to make informed decisions about family leave.
Since its inception in 1989, the NJFLA has offered crucial job security to eligible employees of covered employers, enabling them to take leave under specific family-related circumstances without fear of losing their jobs, seniority, or chances for advancement. Despite its intentions, a lack of clear understanding has led to hesitancy among employees, especially those earning under $100,000 annually, to utilize these benefits, according to research by the Heldrich Center for Workforce Development at Rutgers University.
The newly released guide aims to dissipate this confusion, providing both employees and employers with detailed information on the law’s protections and helping employers adhere to their legal responsibilities. Over the past year, DCR’s enforcement of the NJFLA has resulted in the recovery of over $275,000 in damages, penalties, and legal fees for employees due to non-compliance issues.
Attorney General Platkin expressed his pride in the initiative, emphasizing New Jersey's commitment to safeguarding employees' rights to family leave. "This new resource will lead to better outcomes for workers by clarifying the law and its application, ensuring that no one should have to choose between their job and their family," Platkin stated.
Echoing this sentiment, Sundeep Iyer, Director of the Division on Civil Rights, highlighted the guide’s role in empowering employees and aiding employers. "The guidance launched today is a critical step towards educating New Jerseyans about their rights under this landmark law and ensuring its enforcement," Iyer remarked.
The guidance also delineates the differences between the NJFLA, the federal Family Medical Leave Act (FMLA), and New Jersey’s own Family Leave Insurance (NJFLI) and Temporary Disability Insurance (TDI) programs, addressing common queries and misconceptions.
In 2023, significant consent decrees were finalized with Gabriel Brothers and Pine Belt Management LLC, underscoring the financial repercussions for employers failing to comply with the NJFLA. These settlements, totaling over $218,500, serve as a stark reminder of the importance of adherence to family leave protections.
The comprehensive resource, developed by a dedicated team led by Trish Perlmutter and Aarin Williams, answers critical questions regarding eligibility, the application of paid leave, and the calculation of leave periods, among others. Its release marks a significant step forward in ensuring that New Jersey workers fully understand and can assert their rights under the NJFLA.
