Bill Text: NJ A4985 | 2022-2023 | Regular Session | Introduced
Bill Title: Extends family leave protections to certain employees following death of family member.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-12-15 - Introduced, Referred to Assembly Labor Committee [A4985 Detail]
Download: New_Jersey-2022-A4985-Introduced.html
Sponsored by:
Assemblywoman SADAF F. JAFFER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Extends family leave protections to certain employees following death of family member.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bereavement leave and amending P.L.1989, c.261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1989, c.261 (C.34:11B-3) is amended to read as follows:
3. As used in [this act] P.L.1989, c.261 (C.34:11B-3):
a. "Child" means a biological, adopted, foster child, or resource family child, stepchild, legal ward, or child of a parent, including a child who becomes the child of a parent pursuant to a valid written agreement between the parent and a gestational carrier.
b. "Director" means the Director of the Division on Civil Rights.
c. "Division" means the Division on Civil Rights in the Department of Law and Public Safety.
d. "Employ" means to suffer or permit to work for compensation, and includes ongoing, contractual relationships in which the employer retains substantial direct or indirect control over the employee's employment opportunities or terms and conditions of employment.
e. "Employee" means a person who is employed for at least 12 months by an employer, with respect to whom benefits are sought under this act, for not less than 1,000 base hours during the immediately preceding 12-month period. Any time, up to a maximum of 90 calendar days, during which a person is laid off or furloughed by an employer due to that employer curtailing operations because of a state of emergency declared after October 22, 2012, shall be regarded as time in which the person is employed for the purpose of determining eligibility for leave time under this act. In making the determination, the base hours per week during the layoff or furlough shall be deemed to be the same as the average number of hours worked per week during the rest of the 12-month period.
f. "Employer" means a person or corporation, partnership, individual proprietorship, joint venture, firm or company or other similar legal entity which engages the services of an employee and which:
(1) (Deleted by amendment, P.L.2019, c.37);
(2) (Deleted by amendment, P.L.2019, c.37);
(3) With respect to the period of time from the 1,095th day following the effective date of P.L.1989, c.261 (C.34:11B-1 et seq.) through June 30, 2019, employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year; and
(4) With respect to any period of time on or after June 30, 2019, employs 30 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year.
"Employer" includes the State, any political subdivision thereof, and all public offices, agencies, boards or bodies.
g. "Employment benefits" means all benefits and policies provided or made available to employees by an employer, and includes group life insurance, health insurance, disability insurance, sick leave, annual leave, pensions, or other similar benefits.
h. "Parent" means a person who is the biological parent, adoptive parent, foster parent, resource family parent, step-parent, parent-in-law or legal guardian, having a "parent-child relationship" with a child as defined by law, or having sole or joint legal or physical custody, care, guardianship, or visitation with a child, or who became the parent of the child pursuant to a valid written agreement between the parent and a gestational carrier.
i. "Family leave" means leave from employment so that the employee may provide care made necessary by reason of:
(1) the birth of a child of the employee, including a child born pursuant to a valid written agreement between the employee and a gestational carrier;
(2) the placement of a child into foster care with the employee or in connection with adoption of such child by the employee;
(3) the serious health condition of a family member of the employee ; or
(4) in the event of a state of emergency declared by the Governor, or when indicated to be needed by the Commissioner of Health or other public health authority, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease, which:
(a) requires in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency;
(b) prompts the issuance by a public health authority of a determination, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee, would jeopardize the health of others; or
(c) results in the recommendation of a health care provider or public health authority, that a family member in need of care by the employee voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee, would jeopardize the health of others.
"Family leave" also means bereavement leave from employment due to the death of a family member or the miscarriage or stillbirth of a child of the employee or a gestational carrier.
j. "Family member" means a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner, or one partner in a civil union couple, or any other individual related by blood to the employee, and any other individual that the employee shows to have a close association with the employee which is the equivalent of a family relationship.
k. "Reduced leave schedule" means leave scheduled for fewer than an employee's usual number of hours worked per workweek but not for fewer than an employee's usual number of hours worked per workday, unless agreed to by the employee and the employer.
l. "Serious health condition" means an illness, injury, impairment, or physical or mental condition which requires:
(1) inpatient care in a hospital, hospice, or residential medical care facility; or
(2) continuing medical treatment or continuing supervision by a health care provider.
m. "State of emergency" means a natural or man-made disaster or emergency for which a state of emergency has been declared by the President of the United States or the Governor, or for which a state of emergency has been declared by a municipal emergency management coordinator.
n. "Health care provider" means a duly licensed health care provider or other health care provider deemed appropriate by the director.
(cf: P.L.2020, c.23, s.1)
2. Section 4 of P.L.1989, c.261 (C.34:11B-4) is amended to read as follows:
4. An employee of an employer in this State subject to the provisions of this act shall be entitled to a family leave of 12 weeks in any 24-month period upon advance notice to the employer in the manner specified by the provisions of sections 11 and 12 of P.L.2008, c.17 (C.43:21-39.2 and 43:21-39.3), unless the employer denies family leave to the employee pursuant to subsection h. of this section.
a. In the case of a family member who has a serious health condition, the leave may be taken intermittently when medically necessary, in the manner specified by the provisions of section 11 of P.L.2008, c.17 (C.43:21-39.2).
b. In the case of the foster care placement, birth or adoption of a healthy child, the leave may be taken intermittently in the manner specified by the provisions of paragraph (2) of subsection a. of section 12 of P.L.2008, c.17 (C.43:21-39.3).
c. Leave taken because of the birth or placement for adoption of a child may commence at any time within a year after the date of the foster care placement, birth or placement for adoption.
d. Family leave required by this act may be paid, unpaid, or a combination of paid and unpaid leave. If an employer provides paid family leave for fewer than 12 workweeks, the additional weeks of leave added to attain the 12-workweek total required by this act may be unpaid.
e. An employer may require that any period of family leave be supported by certification issued by a duly licensed health care provider or any other health care provider determined by the director to be capable of providing adequate certification as described in paragraphs (1) and (2) of this subsection, or where the leave is for an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease, certification issued by a school, place of care for children, public health authority, public official, or health care provider, as described in paragraph (3) of this subsection.
(1) Where the certification is for the serious health condition of a family member of the employee, the certification shall be sufficient if it states: (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; and (c) the medical facts within the provider's knowledge regarding the condition;
(2) Where the certification is for the birth or placement of the child, the certification need only state the date of birth or date of placement, whichever is appropriate;
(3) Where the certification is for an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of the communicable disease, the certification shall be sufficient if it includes:
(a) for leave taken to provide in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency, the date on which the closure of the school or place of care of the child of the employee commenced and the reason for such closure;
(b) for leave taken due to a public health authority's issuance of a determination requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee would jeopardize the health of others, the date of issuance of the determination and the probable duration of the determination; or
(c) for leave taken because a health care provider or public health authority recommends that a family member in need of care by the employee voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee would jeopardize the health of others, the date of the recommendation, the probable duration of the condition, and the medical or other facts within the health care provider or public health authority's knowledge regarding the condition.
(4) Where the certification is for bereavement leave for the death of a family member, or the miscarriage or stillbirth of a child, the certification need only state the date of death, miscarriage, or stillbirth, whichever is appropriate.
In any case in which the employer has reason to doubt the validity of the certification provided pursuant to paragraph (1) of this subsection, the employer may require, at its own expense, that an employee obtain an opinion regarding the serious health condition from a second health care provider designated or approved, but not employed on a regular basis, by the employer. If the second opinion differs from the certification provided pursuant to paragraph (1) of this subsection, the employer may require, at its own expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the serious health condition. The opinion of the third health care provider shall be considered to be final and shall be binding on the employer and the employee.
f. In any case in which the necessity for leave under this act is foreseeable, based upon placement of a child into foster care an expected birth or placement of the child for adoption, the employee shall provide the employer with prior notice of the expected birth or placement of the child for adoption or foster care in the manner specified by the provisions of section 11 of P.L.2008, c.17 (C.43:21-39.2).
g. No employee shall, during any period of leave taken pursuant to this section, perform services on a full-time basis for any person for whom the employee did not provide those services immediately prior to commencement of the leave.
h. An employer may deny family leave to the employee if:
(1) The employee is a salaried employee who is among the highest paid 5% of the employer's employees or the seven highest paid employees of the employer, whichever is greater;
(2) The denial is necessary to prevent substantial and grievous economic injury to the employer's operations; and
(3) The employer notifies the employee of its intent to deny the leave at the time the employer determines that the denial is necessary.
The provisions of this subsection shall not apply when, in the event of a state of emergency declared by the Governor or when indicated to be needed by the Commissioner of Health or other public health authority, the family leave is for an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease.
i. (1) In any case in which the leave has already commenced at the time of the notification pursuant to paragraph (3) of subsection h. of this section, the employee shall return to work within 10 working days of the date of notification.
(2) In the case of bereavement leave taken pursuant to paragraph (4) of subsection e. of this section, an employer may require an employee on bereavement leave to return to return to work by providing the employee with a notification to return to work. The notification shall provide that the employee is required to return to work within 10 working days of receiving the notification.
j. In the case of leave taken due to an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of the communicable disease, the leave may be taken intermittently if: (1) the covered individual provides the employer with prior notice of the leave as soon as practicable; and (2) the covered individual makes a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer and, if possible, provide the employer, prior to the commencement of the intermittent leave, with a regular schedule of the day or days of the week on which the intermittent leave will be taken.
(cf: P.L.2020, c.23, s.2)
3. This act shall take effect on the 90th day next following enactment.
STATEMENT
This bill extends the family leave protections to certain employees following death of family member.
Pursuant to current law, the "Family Leave Act" entitles certain employees to take up to 12 weeks of family leave in a 24-month period without losing their jobs. These protections apply if the employer has at least 30 employees, or is a government entity, regardless of size, and the employee has worked for that employer for at least one year, and has worked at least 1,000 hours during the last 12 months.
Pursuant to the bill, employees entitled to take family leave under the "Family Leave Act" could also take that leave following the death of a family member, or the miscarriage or stillbirth of a child. An employer may require an employee on bereavement leave to return to return to work by providing the employee with a notification to return to work. The notification shall provide that the employee is required to return to work within 10 working days of receiving the notification.
