New Jersey
New Jersey: Expanded Leave Obligations, Reporting Requirements, and Public Works Regulations
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Discussion
Expansion of Family Leave Act
Effective July 17, 2026, A2451/S2950 significantly expands New Jersey’s Family Leave Act (NJFLA). The most notable changes are:
- More Employers Are Covered. The law will apply to employers with 15 or more employees instead of just those with 30 or more employees. One year after the effective date of the law, it will apply to employers with ten or more employees. The following year, it will apply to employers with five or more employees.
- Expanded Employee Eligibility. Employees are eligible for family leave after three months of employment and 250 hours worked.
- Coordination with Other State Benefits. If employees are eligible for paid sick leave under the New Jersey Earned Sick Leave Act, Temporary Disability Insurance (TDI) benefits, or family temporary disability leave, they have the right to choose which benefits to use and when to use them. Employees are still limited to only taking one paid benefit at a time.
The law has also created some confusion regarding job protection which is awaiting additional clarification. It states that individuals receiving TDI benefits for their own medical condition are entitled to job protection. Since NJFLA does not provide for job protection, there are questions around whether this means a new job-protected medical leave entitlement is being created. Employers should monitor the state’s Department of Labor & Workforce Development (NJDOL) website for additional guidance.
Mandatory Reporting of Employee Separations
Effective December 8, 2025, in accordance with amendments to New Jersey’s Unemployment Compensation Law, all employers must report all employee separations electronically to NJDOL through the Employer Access portal. Separations include layoffs, terminations, resignations, and retirements. Reporting is required immediately after an employee is separated. Failure to provide the required reporting will result in penalties for employers.
Project Labor Agreement Required on All Public Works Projects
Effective January 20, 2026, A3970 requires public entities to include a project labor agreement in all public works projects regardless of the project cost. The requirement applies to municipalities, countries, school districts, and fire districts and other similar public entities. A project labor agreement is a pre-hire collective bargaining agreement that incorporate, by reference, the separate labor contractors of union members working on the project. Public contractors should review the requirement with their legal counsel to determine the law’s impacts.
Action Items
- Review and update leave of absence policies.
- Update procedures for separation of employment to include immediate reporting to NJDOL.
- Review project labor agreements with legal counsel, if applicable.
- Have appropriate personnel trained on the updated requirements.
New Jersey: Attorney General Guidance for Discrimination Based on Language or Accent
The New Jersey Attorney General provided guidance for the treatment of discrimination based on an individual’s language or accent. Although the state’s Law Against Discrimination does not address language bias, the Attorney General’s guidance stated that such discrimination can be linked to other protected traits like religion or national origin, which is expressly prohibited by the law. That said, the guidance makes clear that language by itself is not a protected characteristic. As an example, the guidance states that a New Jersey employer who does not stop workers from harassing an employee on their accent could face a discrimination claim. Employers should update their discrimination and harassment policies accordingly.
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. © 2026 ManagEase