Bill Text: NJ A3334 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires employer to allow employee suffering from menstrual disorder to work remotely in certain circumstances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Labor Committee [A3334 Detail]
Download: New_Jersey-2024-A3334-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Requires employer to allow employee suffering from menstrual disorder to work remotely in certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act requiring remote work accommodations for employees with chronic symptoms arising from qualifying menstrual disorders and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Unless the employer can demonstrate that allowing the employee to work remotely would be an undue hardship on the business operations of the employer or that the employee cannot perform the essential duties of the employee's position on a remote basis, upon the request of an employee, an employer shall provide the option to an employee to work remotely not less than two full days per month to accommodate symptoms arising from qualifying menstrual disorders, including, but not limited to:
(1) uterine fibroids;
(2) endometriosis;
(3) polycystic ovary syndrome;
(4) adenomyosis;
(5) premenstrual syndrome;
(6) premenstrual dysphoric disorder;
(7) dysmenorrhea;
(8) menorrhagia; or
(9) any condition arising from the employee's menstrual cycle that causes discomfort to the employee but does not debilitate the employee to the extent that the employee would be unable to perform the essential duties of the employee's position.
b. An employer may require an employee requesting remote work in accordance with this act to provide a note from a medical provider to substantiate that the employee meets the conditions set forth in this act to qualify for a remote work accommodation.
c. An employer shall not in any way penalize the employee in terms, conditions, or privileges of employment for requesting to work remotely or working remotely in accordance with this act.
d. In the event of a dispute as to whether an employee's remote work creates an undue burden on the employer or whether the employee is able to perform the essential duties of the position on a remote basis, the employer bears the burden of proving by a preponderance of the evidence that remote work accommodations would be an undue burden on the employer or that the employee cannot perform the essential duties of the position on a remote basis.
e. Any employer who violates this act shall be liable for a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
2. This act shall take effect on the first day of the second month next following enactment.
STATEMENT
This bill provides that employers are required to provide not less than two full days per month of remote work accommodations to an employee experiencing qualifying conditions and symptoms related to the employee's menstrual cycle. The specific conditions and symptoms covered by the bill include but are not limited to:
(1) uterine fibroids;
(2) endometriosis;
(3) polycystic ovary syndrome;
(4) adenomyosis;
(5) premenstrual syndrome;
(6) premenstrual dysphoric disorder;
(7) dysmenorrhea;
(8) menorrhagia; or
(9) any condition arising from the employee's menstrual cycle that causes discomfort to the employee but does not debilitate the employee to the extent that the employee would be unable to perform the essential duties of the employee's position.
The bill permits an employer to require an employee requesting remote work in accordance with the bill to provide a note from a medical provider to substantiate that the employee meets the conditions set forth in the bill to qualify for a remote work accommodation. The bill prohibits an employer from penalizing the employee in terms, conditions, or privileges of employment for requesting to work remotely or working remotely in accordance with the bill.
Under the bill, if an employer can demonstrate that the employee working remotely would create an undue burden on the employer or that the employee cannot perform the essential duties of the position on a remote basis, then the employer would not be required to provide remote accommodations under the bill. However, the employer bears the burden of proving either circumstance by a preponderance of the evidence.
An employer who violates the bill will be liable for a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation collectible by the Commissioner of Labor and Workforce Development in a summary proceeding.
