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April 8, 2026
On July 17, 2026, significant changes to the New Jersey Family Leave Act (“NJFLA”) will take effect, following the enactment of Assembly Bill 3451 (“AB 3451”). These amendments will extend the NJFLA to more employers, lower the threshold for employee eligibility, and provide greater job protections.
Background
Under the NJFLA, employees may take up to 12 weeks of unpaid, job-protected leave during a 24-month period (1) to care for or bond with a child during the first year of the child’s birth or placement through adoption or foster care; (2) to care for a family member or a family member-equivalent with a serious health condition; or (3) during a state of emergency, to either care for a family member or a family member-equivalent who has been isolated or quarantined because of suspected exposure to a communicable disease, or to provide care or treatment for a child if the child’s school or place of care is closed by order of a public official due to an epidemic of a communicable disease or other public health emergency. Unlike the federal Family and Medical Leave Act (“FMLA”), the NJFLA does not provide employees with protected leave for their own serious health condition. Employees returning from NJFLA leave must be restored to the same position or a position of equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment. An employer cannot retaliate against an employee for taking NJFLA leave and violations of the NJFLA are subject to civil fines.
Expanded Employer Coverage
One of the most notable changes under AB 3451 is that the amendments extend the NJFLA to more employers. Currently, the NJFLA applies to employers with 30 or more employees. Starting July 17, 2026, the threshold will be reduced to 15 or more employees. Therefore, smaller-sized employers will now be required to adhere to the NJFLA.
Looking forward, the number of employers who are subject to the NJFLA will continue to increase. As of July 17, 2027, employers with ten or more employees will be subject to the NJFLA. As of July 17, 2028, the NJFLA will apply to employers with five or more employees.
Reduced Employee Eligibility Requirements
The amendments also lower the eligibility requirements for employees seeking leave under the NJFLA. Currently, employees must have worked for their employer for at least 12 months and logged at least 1,000 hours during those months to seek the protections of the NJFLA. Under the amendments, employees need to have worked for their employer only for three months and logged 250 hours during those months to qualify for NJFLA leave.
Strengthened Job Protection Rights
The amendments also introduce job protection rights for employees who take temporary disability insurance (“TDI”) or family leave insurance (“FLI”) benefits. Historically, New Jersey’s short-term disability and family leave insurance laws provided income replacement without guaranteeing job restoration. The amendments clarify that employees who take TDI or FLI benefits must be reinstated to their original position or an equivalent one upon returning to work.
Added Employee Flexibility in Selecting Leave Benefits
The amendments also grant employees flexibility in determining the order in which they use their leave benefits. Employers can no longer require employees to exhaust accrued paid time off, such as sick leave, before accessing state disability or family leave benefits. Employees will have the option of choosing the order in which they use their leave benefits, although they cannot receive multiple forms of full pay simultaneously.
Employer Takeaways
The amendments to the NJFLA under AB 3451 represent a significant shift in New Jersey’s leave laws, with expanded protections for employees and increased responsibilities for employers. Businesses should act now to review and update their policies, train Human Resources personnel, and ensure compliance with the new requirements. By proactively addressing these changes, employers can support their workforce while minimizing legal risks.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
