NJ expands family leave and temporary disability benefits during epidemic

On April 14, Governor Phil Murphy signed S2374 into law, which further amends and clarifies the March 25 expansions to the New Jersey Family Leave Act (NJFLA) and the New Jersey Temporary Disability Benefits Law (TDL). It also creates new reasons an employee may use protected NJFLA leave during an epidemic. Specifically, during a state of emergency declared by the governor or when indicated by a public health authority, eligible employees may use family leave to care for a child because of a school or daycare closure, to care for a family member subject to mandatory quarantine, and to care for a family member whose doctor recommends voluntary self-quarantine. The new law also allows employees to use intermittent leave related to the epidemic and clarifies the type of certification an employer can ask an employee to provide to substantiate leave requests.

Reasons for family leave

Prior to the COVID-19 pandemic, the NJFLA afforded qualifying employees up to 12 weeks of family leave in a 24-month period for the birth or adoption of a child or to care for a family member with a "serious health condition." On March 25, the law was amended to add certain epidemic-related exigencies to the definition of a "serious health condition."