New Jersey's Expanded Family Leave Protections: What Employers and Employees Need to Know
Jul 29, 2026 | Written by: | Share
On July 17, 2026, New Jersey significantly expanded its family leave protections through amendments to the New Jersey Family Leave Act (NJFLA) and related leave laws.
The 2026 amendments represent the most significant expansion of employee leave protections in New Jersey in recent years.
More Employees Now Qualify for Protected Leave
The updated law makes it easier for employees to qualify for job-protected leave under the New Jersey Family Leave Act (NJFLA).
Some of the biggest changes include:
- The law now applies to employers with 15 or more employees (instead of 30).
- Employees may become eligible after just three months of employment instead of one year.
- The minimum hours worked requirement has been reduced from 1,000 hours to 250 hours.
A Separate Path to Job Protection
In addition to expanding NJFLA eligibility, the amended law creates a new and independent basis for job protection for certain employees receiving New Jersey Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI).
Previously, employees generally needed to qualify for leave under the NJFLA or the federal Family and Medical Leave Act (FMLA) before they were entitled to statutory job protection. Under the amended law, employees who qualify for TDI or FLI benefits may also have the right to return to their jobs even if they do not meet the eligibility requirements of the NJFLA or FMLA.
Since TDI and FLI are based primarily on a worker's recent earnings rather than duration of employment, some employees, including those who recently changed jobs, may become eligible for job protection much sooner than under the previous law.
Because the amendments recently took effect, their application will continue to develop as the NJ Department of Labor issues further guidance and future court decisions to interpret the new law.
Expanded Protections For Employees Receiving TDI and FLI
The amended law also expands protections for employees who apply for or receive TDI or FLI.
These protections are intended to ensure that eligible employees can request or use state leave benefits without fear of losing their job or being treated differently because they exercised their rights under the law.
As a result, employers should carefully evaluate employment decisions involving employees who request or take TDI or FLI leave, and ensure those decisions are based on legitimate, non-retaliatory reasons.
What Employers Should Do
With these changes now in effect, employers should take time to:
- Review employee handbooks and leave policies.
- Update HR procedures and forms.
- Train supervisors and HR personnel on the new requirements.
- Consult legal counsel about employee leave rights and compliance obligations.
Looking Ahead
For now, both employers and employees should familiarize themselves with the new rules and stay informed as additional guidance and court decisions develop.
If you have questions about how these changes may affect your business or workforce, or need assistance reviewing or updating your employment policies, please contact me at 908-735-5161 or via email.
Kimberly L. Forino, Esq. concentrates her practice primarily in the areas of administrative law, employment law with an emphasis on employment practices and litigation, general corporate matters, and insurance defense, as well as traffic and non-indictable and indictable offenses.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.