02/20/2026

New Jersey Expands Family Leave

What Employers Need to Know for 2026–2028

⚠️Note: This information is for informational purposes only and does not constitute formal tax, legal, or compliance advice. Always consult with qualified tax advisors, legal counsel, and your organization’s internal teams for guidance specific to your situation. Additional regulations may apply. For the most accurate and up-to-date information, refer to official government resources and regulatory agencies.  

Key Information

  • On Jan. 17, 2026, Gov. Phil Murphy enacted A-3451/S-2950, amending the New Jersey Family Leave Act (NJFLA) and expanding coverage to more employers and employees.

  • The amendments take effect July 17, 2026 and employer coverage threshold will phase down over time.

  • Employee eligibility will also expand.

Overview of the Current Rule

The NJFLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 24-month period to:

  • Bond with a child after birth, adoption, or foster care placement
  • Care for a family member with a serious health condition
  • Address certain public health emergencies affecting a child or family member

Currently, the NJFLA applies to employers with 30 or more employees. Employees must generally have:

  • 12 months of service, and
  • At least 1,000 hours worked in the prior 12 months

Changes Starting July 17, 2026

Expanded Employer Coverage

Beginning July 17, 2026, the NJFLA will apply to employers with 15 or more employees, with further reductions scheduled in the following years:

  • 10 employees starting July 17, 2027
  • 5 employees starting in July 2028

This means more small and mid-sized employers will fall under NJFLA requirements.

Lowered Employee Eligibility Thresholds

Employees will qualify for NJFLA leave sooner:

  • After three months of employment (down from 12 months)
  • With 250 hours of service in the preceding 12 months (down from 1,000 hours)

Expanded Job Protection Rights

Employers must reinstate employees who take leave while receiving:

  • Temporary Disability Insurance (TDI), or
  • Family Leave Insurance (FLI)

Reinstatement must be to the same or an equivalent position with comparable pay, benefits, and seniority.

Employee Choice in Use of Leave Benefits

Employees eligible for paid sick leave, TDI, or FLI may choose the order in which to apply these benefits. However, employees may not receive more than one type of paid leave benefit simultaneously.

Resources & Further Reading

👉 New Jersey Legislature Bill A-3451/S-2950: https://www.njleg.state.nj.us/bill-search/2024/A3451

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