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

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.

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