By. Ty Hyderally, Esq. and Kenny Delegado

February 11, 2026

New Jersey has taken another step in furthering parental and worker protections. On January 12, 2026, the state Assembly passed a new bill (A3451) that will expand current family leave protections to previously unprotected workers that are set forth in the New Jersey Family Leave Act (the “FLA”.  Governor Phil Murphy signed the bill on January 17, 2026 before he left office.  Thus, the new bill will go into effect on July 17, 2026.

The biggest change that is scheduled to occur is related to the leave protection. Currently, only businesses that employ 30 employees or more are required to guarantee that employees on leave can return to the same or similar position, seniority, pay and benefits to businesses with as few as 15 employees. Thus the FLA will affect smaller businesses and provide protections to employees who previously were not covered under the statute. Although this change has received backlash from business groups, it is a compromise from the initial 5 employee threshold proposed by state politicians. Even with this compromise many New Jersey small business employees will now receive the same protections as their counterparts that work at larger companies. https://pub.njleg.state.nj.us/Bills/2024/A3500/3451_R2.PDF

However, that is not the full extent of the changes to the FLA. Although there are no changes to the amount of paid leave that a person could receive, the threshold to qualify for the New Jersey family leave has also changed. The previous statute requires that a worker be at a job for one year or more and have worked at least 1,000 hours in the previous 12 months to receive the leave protections provided for by the statute. The new bill decreases these thresholds to cover employees who have been with the company only three (3) months and who have worked only 250 hours during that time period.

The New Jersey law provides robust protections for family members seeking to take leave for the birth of their child or to take care of a sick family member. These protections include a program that pays workers 85% of their salary or up to $1,119 per week. The current statute also protects workers from losing their jobs if they decide to take the leave provided to them by the state.

The total benefits to New Jersey workers will place them amongst the most protected employees in the nation, even with the FLA remaining unchanged in many ways. The first is that there the leave has not been made longer. Currently, the New Jersey disability and family leave law allows immediate family members to take up to 12- weeks of paid time off at the rates listed above. There are also no changes to the funding of the program. Funding of the program will continue by way of payroll deductions, which has been in effect since 2009.  The current rates for these deductions are .23% from New Jersey workers and a maximum contribution of $393.53. In fact, the entire leave program is entirely worker funded. As the program expands, workers at small businesses should feel more comfortable taking advantage of New Jersey’s workforce friendly environment. The law continues to provide robust legal protection to employees who face retaliation for taking leave or who are not allowed to take leave.  If you feel that you have been retaliated for seeking leave provided by the Family Leave Act or if your employer has interfered with your ability to take family leave, you should consider consulting with an attorney who concentrates in employment law.

With these changes to the previously established law, it may be difficult to navigate New Jersey’s worker protections. These laws establish a higher baseline of protection that most states and therefore finding help might seem like a daunting task. If you feel that you are being a target of discriminatory or harassing treatment for having taken time off to tend to a sick relative or to partake in the early days of your child’s life and have questions regarding your rights as an employee, you should seek out an experienced attorney who concentrates in employment law. Our firm has been concentrating in employment law for over twenty-three (23) years!

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This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice regarding your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.