Tag Archives: NJ employment attorney

New Jersey Expands Paid Family Leave: Action Items for New Jersey Employers

wheelchair silhouetteEarlier this year, New Jersey Governor Phil Murphy signed into law a bill providing for an expansion of the New Jersey Family Leave Act (“NJFLA”) in important ways.  Prior to this bill, the NJFLA required employers with 50 or more employees to provide employees up to 6 weeks of consecutive paid leave, or 42 days of intermittent leave in any 12-month period, to care for a sick family member.

This new bill expands those protections to cover smaller employers and to extend the amount of leave, among other things.  Some of the bill’s most notable changes include:

  • As of June 30, 2019, employers with 30 or more employees will be subject to the NJFLA’s leave requirements;
  • For leave commencing on or after July 1, 2020, employees are permitted up to 12 weeks of consecutive leave (instead of 6), or 56 days of intermittent leave over a 12-month period;
  • The definition of an applicable “family member” now includes not only children, parents and spouses, but also parents-in-law, siblings, grandparents, grandchildren, domestic partners, any individual related to the employee by blood, or even any individual who shares a relationship with the employee that is equivalent to a family relationship, including foster children and children who are born via a gestational carrier;
  • Employees may also now take leave under the New Jersey Security and Financial Empowerment Act to care for any family member (as defined above) in the event of a domestic violence or sexually violent incident; and
  • Employees can now receive 85% of their weekly wage from the State’s Family Leave Insurance program, with the maximum possible benefit increasing to 70% of New Jersey’s average weekly wage, meaning, based on current calculations, the maximum weekly benefit would increase from $650 to $860.

What does this mean for employers? 

The bill’s expansion of who is covered under the NJFLA, the amount of leave required, and the increase in available compensation through the State’s Family Leave Insurance program presents new and unique challenges for employers.  For the very first time, the bill requires employers with between 30 and 49 employees to provide its employees with paid leave to care for a sick family member.  This can have dramatic consequences on the benefits provided by those employers to their employees.  Even for employers already subject to the NJFLA, the bill increases, and in some cases doubles, the paid leave they are required to provide to their employees.  Moreover, employees will be more likely to take full leave since the increase in benefits eases the financial burden of doing so.  Covered employers must now prepare for employees to take longer absences in the face of sudden and/or planned health conditions, pregnancies/births, adoptions, and even the placement of children into foster care. 

Next steps for employers? 

Given this information, below are three action items New Jersey employers should take into consideration when preparing to their workplace for the implementation of this expansion of the NJFLA 

1. Review your employee handbook and modify certain policies

The employee handbook is frequently the most basic protection an employer has to ensure compliance with employment laws.  Most employee handbooks provide for employees to take leave to care for themselves and/or a sick family member.  An employer may open itself up to liability under the NJFLA if its handbook conflicts with the Act’s minimum requirements.  In most cases, a simple update of the employee handbook can help employers become compliant with the NJFLA’s new requirements and avoid liability for failing to provide sufficient paid leave.  Many employers will also want to ensure employees are using their paid leave concurrently to minimize any disruption.

2. Provide training to managers and supervisors to ensure compliance with the NJFLA

As managers and supervisors are typically directly responsible for granting employees leave and accounting for subsequent absences, it is critical that managers and supervisors be familiar with the NJFLA’s requirements.  The best way to ensure such familiarity is to train managers so that they understand and carry out the company’s policies concerning paid leave, as well as the NJFLA’s requirements.

3. Documentation

Thorough and precise documentation will help support any decision to deny an employee’s request for leave to care for a sick family member that is later challenged.  Document every decision granting or denying any employee’s request for paid leave, as this will help demonstrate uniformity in the employer’s decision-making.  Further, the NJFLA permits employers to request written proof of covered occurrences, such as medical notes from an employee’s family member’s doctors.  Employers should not hesitate to exercise this right under the NJFLA, and should adopt policies urging managers to do so. 

If you have any questions about this legal alert or if you run across a paid family or sick leave issue in your workplace, please feel free to contact Adam GershJeremy Cole, or any other member of Flaster Greenberg’s Labor & Employment Department.

The New Paid Sick Leave Law in New Jersey & Other Hot Topics Employers Need to Know

AEG.JSC Sick Leave Law Seminar - LinkedIn 1200x627

Click here to RSVP.

On October 29th, New Jersey’s new paid sick leave law goes into effect requiring nearly all private-sector businesses to provide employees with paid sick time, regardless of the size of the business or the number of hours an employee works. Are you in compliance? Most businesses are not and will need to adopt new policies.

Get a head start on this and join me and my colleague on Thursday, October 18th for a seminar analyzing and discussing the impact of the new sick leave law changes and what it means for NJ employers.

Other hot topics in employment law will include:

  • Medical marijuana in the workplace
  • New Jersey’s Equal Pay Act
  • Update on disability and mental health in New Jersey
  • Wage & hour laws and the pitfalls of an independent contractor

Speakers:

  • Adam E. Gersh, Labor & Employment Shareholder, Flaster Greenberg PC
  • Jeremy Cole, Labor & Employment Attorney, Flaster Greenberg PC

Date & Time:

Thursday, October 18, 2018
Registration and Networking:  8:00 – 8:30 a.m.
Seminar and Q&A: 8:30 – 9:30 a.m.

Location:

Flaster Greenberg PC’s Cherry Hill Office
1810 Chapel Ave West
Cherry Hill, NJ 08002

Credits:

Attorneys: 1 substantive PA CLE credit (NJ reciprocal)
Accountants: 1 PA & NJ CPE credit
Human Resource Professionals: 1 HRCI credit

Facebook Live:

Not able to make it in person? You’ll still be able to attend the presentation via Facebook Live! Tune into FG’s Facebook Page on October 18th at 8:30 a.m. to hear from our panelists as they navigate through the new law and help you identify the strategy that best suits your business.

*Please note that attendees must be present in-person to be eligible for Pennsylvania and New Jersey CPE, HRCI and substantive Pennsylvania CLE credit.

Severance Agreement Requirements for Older Workers

During a layoff or non-voluntary reduction in force, the topic of how much time employers need to give employees to consider severance packages and what disclosures must be made creates considerable confusion in the media, with much being made of employers’ supposed failure to make required disclosures (see example). Here is the deal: if employers are subject to the Age Discrimination in Employment Act (“ADEA”) (generally, private employers with 20 or more employees), and ask employees who are 40 years of age or older to release ADEA claims in exchange for a severance package that is part of a termination, then they must abide by specific regulations. Those regulations are meant as safeguards for employees protected under the Older Worker Benefit Protection Act (“OWBPA”) which amended the ADEA. That means covered employers may need to give employees up to 21 days to consider the severance offer, or 45 days in the case of a layoff of more than one employee, and a seven-day period after signing to revoke the release of the ADEA/OWBPA claims. Also, employers have a duty to disclose the age and title of the workers who are chosen for layoff and the selection criteria. The OWBPA has additional requirements and there are other best practices an employer’s counsel can and should use when drafting a release to help guard against challenges, so it is always best to consult an attorney familiar with these types of matters so that the employer gets the broad release they are seeking in exchange for severance. Employers who are not covered by the ADEA and employers who are conducting a layoff of employees who are not protected by the ADEA do not have to rigidly adhere to these requirements. In the case of a separation that is not part of a reduction in force, (for instance, a termination for cause) the employer may not need to abide by these rules either. Even if the ADEA/OWBPA rules do not apply, employers are wise to give employees a reasonable period of time to consider a severance package to help protect against arguments that the waiver of claims should be unenforceable because of coercion or other reasons.

Savvy employer takeaways: Employers should know what is and what is not required to make their separation agreements and releases enforceable and should use reasonable means to give employees enough time to thoughtfully consider them.

Questions? Let me know.

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