New Jersey’s Expanded Family Leave Protections Take Effect Friday

by Ricky Rillera

| Photo by EqualStock on Unsplash

TRENTON, N.J. — Tens of thousands of additional New Jersey workers will gain access to job‑protected family leave starting Friday, when a major expansion of the state’s Family Leave Act officially becomes law. The measure, passed by the Legislature in late 2025 and signed in January 2026 by newly inaugurated Gov. Mikie Sherrill, lowers the employer‑size threshold and strengthens protections for workers who need time off to care for a newborn, newly adopted child, or seriously ill family member.

The bill was sponsored in the Assembly by Assemblywoman Annette Quijano (D‑Union), a longtime advocate for family‑leave protections. The Senate version was led by Sen. Teresa Ruiz (D‑Essex), who argued that expanding job‑protected leave would bring long‑overdue fairness to workers in small businesses and service‑sector jobs. The measure passed with broad Democratic support and several Republican votes.

Gov. Sherrill, who took office on January 1, 2026, signed the bill within her first month, calling it “a commitment to New Jersey families.” In her signing statement, she said, “New Jersey families deserve stability. This expansion ensures that workers in small businesses have the same job‑protected rights as everyone else.”

Background: A Legacy of Worker Protections
New Jersey’s Family Leave Act, enacted in 1989 under Gov. Tom Kean, made the state one of the first in the nation to guarantee job‑protected leave for caregiving. The law predates the federal Family and Medical Leave Act (FMLA). It has historically covered workers in businesses with 30 or more employees — a threshold that excluded many workers in small businesses, restaurants, retail shops, and nonprofits.

Over the past decade, Gov. Phil Murphy signed several expansions to the state’s related Family Leave Insurance program, increasing wage replacement and strengthening anti‑retaliation provisions. But the core job‑protection threshold remained unchanged, leaving many low‑income workers without guaranteed leave.

Advocates argued that the state’s eligibility rules were outdated, especially as New Jersey’s economy shifted toward smaller employers. The 2025 bill sought to modernize the law by lowering the employer threshold and clarifying protections for intermittent leave.

Assemblywoman Quijano said during floor debate, “No worker should lose their job because they need to care for a child or a sick parent. This expansion brings fairness and compassion to workplaces across our state.”

New Features: Lower Threshold, Stronger Protections
The most significant change taking effect Friday is the reduction of the employer‑size threshold from 30 employees to just 5. This single adjustment dramatically expands coverage to tens of thousands of workers who previously had no job‑protected leave at all.

The law also clarifies protections for workers who need intermittent leave, ensuring they cannot be penalized for taking time off in separate blocks rather than all at once. This is particularly important for workers caring for relatives undergoing ongoing medical treatment.

Additionally, the expansion strengthens anti‑retaliation provisions, making it easier for workers to file complaints if they believe their employer has violated the law. The New Jersey Department of Labor and Workforce Development said the update “closes longstanding gaps in coverage and ensures that caregiving responsibilities are recognized as essential, not optional.” In a public notice, the department stated, “This law modernizes family‑leave protections to reflect the realities of today’s workforce.” (NJDOL Guidance, 2026)

Gov. Sherrill emphasized that the law is designed to support families without imposing undue burdens on employers. “No one should lose their job for taking care of a loved one. This law reflects our values as a state,” she said. (Office of the Governor, 2026)

Impact: A Broader Safety Net for New Jersey Families
Worker‑advocacy groups praised the expansion, saying it will help low‑income families who previously had no job‑protected leave at all. Many noted that the change is especially significant for women, who disproportionately shoulder caregiving responsibilities.

Small‑business associations expressed some concern about compliance burdens but acknowledged that the law does not require employers to pay workers during leave. Instead, workers may apply for wage replacement through the state’s Family Leave Insurance program, which is funded through payroll contributions.

Supporters argue that the benefits outweigh the challenges. With more workers eligible for job‑protected leave, families facing medical crises or welcoming new children will have greater stability and security. The law’s backers say it will also reduce turnover and improve workplace morale.

As the law takes effect Friday, state officials expect a surge in inquiries from workers seeking to understand their new rights. The Department of Labor has issued updated guidance and is preparing outreach materials to help employers comply.

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