Sweeping Changes to the New Jersey Family Leave Act Take Effect July 17, 2026
March 30, 2026
By: Samuel G. Dobre, Mallory A. Campbell, Rachel E. Kreutzer
On Jan. 17, 2026, in one of his final acts in office, Governor Phil Murphy signed legislation amending the New Jersey Family Leave Act (NJFLA). The amendments expand access to job-protected family leave for New Jersey workers through an employer‑size threshold reduction, shorter eligibility requirements and potential new job‑protection implications tied to New Jersey Temporary Disability Insurance (TDI).
While the NJFLA’s core framework remains intact, these changes broaden coverage to private employers with 15 or more employees, and employee eligibility thresholds—both service time and hours—are reduced. Most changes take effect July 17, 2026, with employer‑size thresholds phased in through July 17, 2028.
NJFLA Overview
The NJFLA entitles eligible employees up to 12 weeks of unpaid, job‑protected family leave in a 24‑month period for the following purposes:
- bonding with a child (beginning within a year of birth, adoption or foster care placement);
- caring for a family member or someone who is the equivalent of family with a serious health condition;
- caring for a family member (or equivalent) who is isolated or quarantined because of suspected exposure to a communicable disease during a state of emergency; or
- providing care or treatment for a child whose school or place of care is closed by order of a public official due to an epidemic of a communicable disease or other public health emergency during a state of emergency.
Although NJFLA leave is unpaid, employees may be eligible for partial wage replacement through New Jersey Family Leave Insurance (FLI). Employees are entitled to reinstatement to the same or an equivalent position upon return from leave, and employers are prohibited from interfering with or retaliating against employees who exercise NJFLA rights.
Key Changes
Lower Employer Size Threshold
Beginning July 17, 2026, NJFLA coverage expands to private employers with 15 or more employees, reducing the threshold from 30. The threshold will decrease further on a phased basis: 1) July 17, 2027: 10 or more employees, and 2) July 17, 2028: 5 or more employees. New Jersey employees working for state or local government agencies of any size remain covered by the NJFLA.
Reduced Employee Eligibility Requirements
The amendments reduce the employee length-of-service requirement for leave eligibility from 12 months to 3 months and the hours worked requirement from 1,000 hours to 250 hours in the preceding 12 months.
Interplay with FMLA, Family Leave Insurance, and Temporary Disability Insurance
Employees who are eligible for New Jersey Earned Sick Leave and TDI or FLI benefits may elect the order in which they use those benefits. They may not use earned sick leave at the same time as TDI or FLI. NJFLA leave may run concurrently with leave under the FMLA, where applicable. However, unlike the FMLA, the NJFLA does not provide leave for an employee’s own serious health condition.
What New Jersey Employers Should Do Now
Employers should confirm whether they will meet the phased employer‑size thresholds in 2026–2028, therefore expanding NJFLA coverage to their employees.
Employers should also review and revise their existing leave policies to reflect the amendments by the effective date.
In further preparation for compliance, employers should consider providing training to supervisors, managers and/or human resources professionals that are responsible for attendance enforcement within their organizations. This will mitigate the risk of non-compliance, including retaliation claims, due to any misunderstandings of employees’ rights and protections under the NJFLA.
The New Jersey Division on Civil Rights is expected to issue updated guidance closer to the effective date. Employers should monitor developments closely.
Employers are encouraged to consult with counsel to understand how these changes affect their operations and to ensure policies are both compliant and strategically aligned. If you have any questions or would like additional information, please contact Sam Dobre, Mallory Campbell, Rachel Kreutzer or any attorney in Bond’s labor and employment practice or the attorney at the firm with whom you are regularly in contact.
