ASSEMBLY, No. 740
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman GREGG and Assemblywoman MURPHY
An Act concerning family and medical 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 2 of P.L.1989, c.261 (C.34:11B-2) is amended to read as follows:
2. The Legislature finds and declares that the number of families in the State in which both parents or a single parent is employed outside of the home has increased dramatically and continues to increase and that due to lack of employment policies to accommodate working parents, many individuals are forced to choose between job security and taking necessary time needed for recovery from a serious health condition, for parenting or for providing care for ill family members. The Legislature further finds that it is necessary to promote the economic security of families by guaranteeing [jobs] job security to [wage earners] an employee who [choose] chooses to take a period of leave upon the birth or placement for adoption of a child or serious health condition of the employee or a family member. The Legislature, therefore, declares that it is the policy of the State to protect and promote the stability and economic security of family units. The Legislature further declares that [employees] an employee should be entitled to take a period of leave upon the birth or placement for adoption of a child or serious health condition of the employee or a family member without risk of termination of employment or retaliation by employers and without loss of certain benefits.
(cf: P.L.1989, c.261, s.2)
2. Section 3 of P.L.1989, c.261 (C.34:11B-3) is amended to read as follows:
3. As used in this act:
a. "Child" means a biological, adopted, or foster child, stepchild, legal ward, or child of a parent who is
(1) under 18 years of age; or
(2) 18 years of age or older but incapable of self-care because of a mental or physical impairment.
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.
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) With respect to the period of time from the effective date of this act until the 365th day following the effective date of this act, employs 100 or more employees, in the State of New Jersey, for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year;
(2) With respect to the period of time from the 366th day following the effective date of this act until the 1,095th day following the effective date of this act, employs 75 or more employees, in the State of New Jersey, for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year; and
(3) With respect to any time after the 1,095th day following the effective date of this act, employs 50 or more employees, in the State of New Jersey, 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, 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.
i. "Family leave" means leave from employment so that the employee may [provide] :
(1) Provide care made necessary by reason of:
[(1)](a) the birth of a child of the employee;
[(2)](b) the placement of a child with the employee in connection with adoption of such child by the employee; or
[(3)](c) the serious health condition of a family member of the employee; or
(2) Receive care for a serious health condition of the employee.
j. "Family member" or "family member of the employee" means an employee or a child, parent, or spouse of the employee.
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.
(cf: P.L.1989, c.261, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill amends the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), by extending the job security protections provided by that act for employees while on family leave to include leave taken during serious health conditions of the employees themselves.
That act currently permits certain employees to take a leave of up to 12 weeks during a 24-month period upon the birth or placement for adoption of a child or serious health condition of a family member without risk of termination of employment or retaliation by employers and without loss of certain benefits. The bill provides that the leave time provided by the act may also be used when employees have serious health conditions of their own.
The bill also amends the act to require that its provisions apply only to employers whose employees are located in the State of New Jersey.
Amends "Family Leave Act" to cover medical leave.