ASSEMBLY, No. 2601

STATE OF NEW JERSEY

INTRODUCED DECEMBER 16, 1996

By Assemblyman GARRETT and Assemblywoman CRECCO

An Act concerning family 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:

    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 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 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] the period of time [after] from the 1,095th day following the effective date of this act until December 31, 1996, 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 time after December 31, 1996, 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 care made necessary by reason of:

    (1) the birth of a child of the employee;

    (2) the placement of a child with the employee in connection with adoption of such child by the employee; or

    (3) the serious health condition of a family member of the employee.

    j. "Family member" means a child, parent, or spouse.

    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)

    2. 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.), to require that its provisions apply only to employers who have 50 or more employees located in the State of New Jersey. The law currently requires that its provisions apply to employers who have 50 or more employees in total, including employees who are located outside of the State of New Jersey and employees located outside of the United States.

Amends "Family Leave Act" to apply only to employers with 50 or more employees in New Jersey.