NJ Employers Take Notice: NJFLA Bereavement Protections on the Horizon
Feb 19, 2025 | Written by: | Share
New Jersey law is continually evolving to provide greater legal protections on behalf of employees. The New Jersey Family Leave Act (NJFLA) is one of the strongest state-level family leave laws in the country. The state expanded NJFLA’s protections significantly in 2019 and 2020, and may soon expand them again to include bereavement-related leave.
NJ law does not currently require employers to provide job-protected leave related to grief. In spite of this, some employers institute their own bereavement leave policies.
The current NJ Legislative Session ending in December has a bill pending that addresses bereavement leave related to the death of a child. Assembly Bill 3505 and the corresponding Senate Bill S2978 state that an employee may utilize family leave granted by the NJFLA to grieve the loss of a child due to death, miscarriage or stillbirth. The bill specifies that these protections extend to both biological parents and parents of a child pursuant to a gestational carrier agreement. In addition, this proposed law permits bereavement time related to unsuccessful fertility treatments utilizing reproductive technology, and even unsuccessful legal adoption processes.
The bill permits benefits granted by the Temporary Disability Benefits Law and discusses the applicable leave timeline. A3505 strongly passed the Assembly in September 2024. S2978 was referred to the Senate Budget and Appropriations Committee with additional activity expected this year.
New Jersey’s employee-related protections are comprehensive, and employers are tasked with ensuring compliance. The employment law attorneys at Gebhardt & Kiefer can assist with updating your organization’s employment policies and procedures.
Kimberly L. Forino, Esq. concentrates her practice primarily in the areas of business and transactional law, insurance defense, municipal law, land use, employment law, and general litigation.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.