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On January 17, 2026, then-Governor Phil Murphy signed Assembly Bill 3451 into law, substantially expanding the scope of the New Jersey Family Leave Act ("NJFLA"). Currently, the NJFLA provides up to 12 weeks of unpaid, job-protected leave during a 24-month period for qualifying family-related reasons, and applies only to employers with 30 or more employees, provided the employee has worked for at least 12 months and logged at least 1,000 hours in the preceding 12-month period.
Effective July 17, 2026, the amended law reduces the employer coverage threshold from 30 to 15 employees (company-wide, even if some are outside New Jersey), and significantly lowers the employee eligibility requirements: (1) cutting the minimum length of employment from 12 months to just 3 months; and (2) reducing the hours-worked requirement from 1,000 to 250 hours within the preceding 12-month period. In addition, the amendments introduce new language that may extend job restoration rights to employees receiving Temporary Disability Insurance ("TDI") or Family Leave Insurance ("FLI") benefits, even when the employee is not on NJFLA leave. The Governor's office estimates these changes will extend NJFLA protections to more than 400,000 additional New Jersey workers.
Employers (particularly those with 15 to 29 employees who were previously exempt) should act now to review and update their leave policies, employee handbooks, and compliance procedures before the July 17 effective date. Newly covered employers will need to establish NJFLA compliance infrastructure, including notice requirements, documentation protocols, anti-retaliation protections, and reinstatement procedures. All employers should also reassess how they coordinate NJFLA leave with TDI, FLI, and New Jersey Earned Sick Leave, as the amendments now allow employees to choose the order in which they use available leave benefits.
For questions about how these amendments may affect your organization, please contact the authors or a member of RCCB’s Employment Group.
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