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January 17, 2026
Governor Murphy Signs An Historic Expansion Of New Jersey's Family Leave Law
On Saturday, January 17, 2026, Governor Phil Murphy signed into law legislation expanding the eligibility requirements for the New Jersey Family Leave Act (NJFLA) and extending job protected leave to more than 400,000 additional employees working in New Jersey. The amendment takes effect on July 14, 2026.
NJFLA provides 12 weeks of job-protected leave every 24 months to eligible employees who need to take time off to care for a family member with a serious health condition or to bond with a new child or a child recently placed for adoption or foster care. Under the prior law, for an employee to be eligible for NJFLA job-protected leave, the employee must have worked for an employer with 30 or more employees, have been employed for at least 12 months, and have worked 1,000 hours in the last 12 months. This amendment extends eligibility to include employees that work for an employer with 15 or more employees, have been employed for at least three months, and have worked 250 hours in the preceding three months. This amendment includes protections for part-time employees. Out-of-state employers with at least 15 employees also must provide leave to their New Jersey based employees.
The amended NJFLA also provides job protections to employees who utilize Temporary Disability Insurance benefits (TDI) for their own medical needs. NJFLA now requires employers to restore employees, who utilized TDI, to their pre-leave position or a position of equivalent seniority, pay, and benefits upon their return. The amendment also explicitly allows workers to use family leave, temporary disability benefits, and earned sick leave in the order of their choosing. As a result of the amendment, a disabled employee may now utilize 26 weeks of TDI benefits (which in 2026 increased to $1,115 per week) and then tack on their accrued sick leave. Employers who violate the NJFLA could be subject to compensatory and punitive damages, as well as, counsel fees for the employee.
Our team of employment attorneys at Hill Wallack stand ready to help employees understand their expanded rights and to guide employers through their compliance obligations with extended employee absences. As a first step, we recommend that employers update their policy handbooks to ensure that employees are advised of their rights.
Contact:
Susan Swatski
sswatski@hillwallack.com

