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Other Leaves: New Jersey

Other Leaves requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: John Sarno, Employers Association of New Jersey

Summary

  • New Jersey has several state-specific leave requirements. Therefore, due to the interplay between state and federal law, leaves of absence in New Jersey can be complicated. See New Jersey - Leaves of Absence.
  • The New Jersey Family Leave Act mandates that an employer grant an eligible employee a leave of absence under certain circumstances. See New Jersey Family Leave Act.
  • The New Jersey Law Against Discrimination may require an employer to grant an employee with a disability a leave of absence as a reasonable accommodation. See New Jersey Law Against Discrimination.
  • Similar to federal law, under New Jersey's Soldiers' and Sailors' Civil Relief Act of 1979, New Jersey employers must restore full-time or part-time employees who left their jobs to perform military service to their position or a position of like seniority, status and pay, as long as the employee meets certain reinstatement requirements (and the employer's circumstances have not changed to make it impossible or unreasonable to do so). See Military Leave.
  • All employers in New Jersey must provide jury duty leave to employees. An employer must not penalize, threaten or coerce employee because the employee is required to attend court for jury service. See Jury and Witness Duty Leave.
  • The Emergency Responders Employment Protection Act provides job protection to certain active volunteer emergency responders in good standing. See The Emergency Responders Employment Protection Act.
  • The New Jersey Security and Financial Empowerment Act requires covered employers to provide up to 20 days of unpaid job-protected leave to eligible employees who are victims of domestic violence or sexual assault and for certain family members who are victims. See New Jersey Security and Financial Empowerment Act (NJ Safe Act or SAFE Act).
  • Jersey City private employers with 10 or more employees must offer eligible employees up to 40 hours (or five days) of paid sick leave each year. Employers with fewer than 10 employees must offer up to 24 hours of paid sick time and 16 hours of unpaid sick leave. Child care, home health care and food service workers are eligible to receive up to 40 hours of paid sick leave, regardless of the size of the employer. See Jersey City's Earned Sick Time Ordinance.
  • Newark private employers with 10 or more employees must provide eligible employees with up to 40 hours (five days) of paid sick leave per calendar year. Employers with fewer than 10 employees must provide up to 24 hours (three days) per calendar year, except certain workers are entitled to up to 40 hours. See Newark's Paid Sick Leave Ordinance.
  • Trenton private employers with 10 or more employees must provide eligible employees with up to 40 hours of paid sick leave per calendar year. Employers with fewer than 10 employees must provide up to 24 hours of paid sick leave per calendar year, except certain workers are entitled to up to 40 hours. See Trenton's Paid Sick Leave Ordinance.
  • Elizabeth private employers with 10 or more employees must offer up to 40 hours of paid sick leave per calendar year. Employers with fewer than 10 employees must offer up to 24 hour of paid sick leave. Child care, home health care and food service workers are entitled to up to 40 hours of paid sick leave, regardless of the employer's size. See Elizabeth's Paid Sick Leave Ordinance.