New Jersey has significantly expanded employee access to protected family leave through recent amendments to the New Jersey Family Leave Act (the “NJFLA”). The changes, which take effect on July 17, 2026, broaden both employer coverage and employee eligibility, allowing more workers to take protected leave to care for family members.
The amendments represent a substantial expansion of family leave rights in the state and may require many small employers to review and update their leave policies and practices.
A. Overview of the New Jersey Family Leave Act
The NJFLA provides eligible employees with unpaid, job-protected leave for qualifying family-related reasons. Employees may take up to 12 weeks of family leave during a 24-month period to care for certain family members or address other covered family circumstances.
The law requires covered employers to restore employees to their prior position or an equivalent position upon their return from approved leave.
B. Employer Coverage Expands to Smaller Businesses
Before the amendments, the NJFLA only applied to employers with 30 or more employees. Now, however, the threshold is reduced to 15 employees, which significantly expands the number of businesses subject to the law’s requirements.
As a result, many small and midsize employers that were previously exempt from the NJFLA now need to comply with its leave and job restoration provisions.
C. Employee Eligibility Requirements Reduced
The amendments also make it easier for employees to qualify for family leave by dramatically reducing the amount of time employees must work before becoming eligible for protected family leave, providing access to leave protections much earlier in the employment relationship.
Prior Eligibility Requirements
Previously, an employee had to:
- Work for a covered employer for at least 12 months; and
- Complete at least 1,000 hours worked during those 12 months.
New Eligibility Requirements
Now, an employee will qualify for NJFLA leave if he or she has:
- Worked for the employer for at least three months; and
Worked at least 250 hours
D. Impact on Employers
The expanded coverage means that employers with between 15 and 29 employees, many of whom were not previously required to comply with the NJFLA, will need to familiarize themselves with the law’s requirements.
Employers should consider:
- Reviewing and updating employee handbooks and leave policies;
- Training supervisors and human resources personnel on the expanded eligibility rules;
- Revising leave administration procedures to account for the shorter service and hours-worked requirements;
- Ensuring appropriate processes are in place for tracking employee eligibility and leave usage; and
- Coordinating NJFLA compliance with other applicable federal, state, and local leave laws.
The lawyers at MHS are available to assist in assessing compliance or implementing these changes.
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