New Jersey: Job-Protected Organ and Bone Marrow Donor Leave Coming Soon

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

May 20, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

New Jersey’s Temporary Disability Benefits Law (TDBL) has been amended to provide employees who are disabled as a result of donating organs or bone marrow with job-protected leave. This amendment provides specific benefits for organ and bone marrow donors that do not apply to other TDB recipients.

First, the seven-day waiting period to receive Temporary Disability Insurance (TDI) does not apply to individuals disabled by organ or bone marrow donation.

Second, while the TDBL does not offer job security to other TDI recipients, the amended law specifically provides job protection to organ and bone marrow donors. Employers are required to restore organ and bone marrow donors to their former position at the time the disability began, or an equivalent position of similar seniority, status, compensation, benefits, and any other terms and conditions of employment.

The amended law does not expressly define terms for employee eligibility or length of leave. The statement of the bill indicated support for the position that eligibility and length of leave would follow TDI requirements. To qualify for TDI, employees must work 20 weeks earning at least $200 per week, or have earned a total of $10,000 in the base year. Eligible employees may receive up to 26 weeks of TDI benefits.

Action Items

  1. Have leave policies revised to comply with the new requirements.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

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