Sponsored by:
Senator VINCENT J. POLISTINA
District 2 (Atlantic)
Senator RAJ MUKHERJI
District 32 (Hudson)
Co-Sponsored by:
Senators O'Scanlon, Diegnan, A.M.Bucco, McKnight, Zwicker and Moriarty
SYNOPSIS
Concerns bereavement leave for death of child, miscarriage, stillbirth, and certain other circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bereavement leave for certain circumstances and amending P.L.1989, c.261 and P.L.1948, c.110.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1989, c.261 (C.34:11B-3) is amended to read as follows:
3. As used in [this act] P.L.1989, c.261 (C.34:11B-3):
a. "Child" means a biological, adopted, foster child, or resource family child, stepchild, legal ward, or child of a parent, including a child who becomes the child of a parent pursuant to a valid written agreement between the parent and a gestational carrier.
b. "Director" means the Director of the Division on Civil Rights.
c. "Division" means the Division on Civil Rights in the Department of Law and Public Safety.
d. "Employ" means to suffer or permit to work for compensation, and includes ongoing, contractual relationships in which the employer retains substantial direct or indirect control over the employee's employment opportunities or terms and conditions of employment.
e. "Employee" means a person who is employed for at least 12 months by an employer, with respect to whom benefits are sought under this act, for not less than 1,000 base hours during the immediately preceding 12-month period. Any time, up to a maximum of 90 calendar days, during which a person is laid off or furloughed by an employer due to that employer curtailing operations because of a state of emergency declared after October 22, 2012, shall be regarded as time in which the person is employed for the purpose of determining eligibility for leave time under this act. In making the determination, the base hours per week during the layoff or furlough shall be deemed to be the same as the average number of hours worked per week during the rest of the 12-month period.
f. "Employer" means a person or corporation, partnership, individual proprietorship, joint venture, firm or company or other similar legal entity which engages the services of an employee and which:
(1) (Deleted by amendment, P.L.2019, c.37);
(2) (Deleted by amendment, P.L.2019, c.37);
(3) With respect to the period of time from the 1,095th day following the effective date of P.L.1989, c.261 (C.34:11B-1 et seq.) through June 30, 2019, employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year; and
(4) With respect to any period of time on or after June 30, 2019, employs 30 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year.
"Employer" includes the State, any political subdivision thereof, and all public offices, agencies, boards or bodies.
g. "Employment benefits" means all benefits and policies provided or made available to employees by an employer, and includes group life insurance, health insurance, disability insurance, sick leave, annual leave, pensions, or other similar benefits.
h. "Parent" means a person who is the biological parent, adoptive parent, foster parent, resource family parent, step-parent, parent-in-law or legal guardian, having a "parent-child relationship" with a child as defined by law, or having sole or joint legal or physical custody, care, guardianship, or visitation with a child, or who became the parent of the child pursuant to a valid written agreement between the parent and a gestational carrier.
i. "Family leave" means leave from employment so that the employee may provide care made necessary by reason of:
(1) the birth of a child of the employee, including a child born pursuant to a valid written agreement between the employee and a gestational carrier;
(2) the placement of a child into foster care with the employee or in connection with adoption of such child by the employee;
(3) the serious health condition of a family member of the employee; or
(4) in the event of a state of emergency declared by the Governor, or when indicated to be needed by the Commissioner of Health or other public health authority, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease, which:
(a) requires in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency;
(b) prompts the issuance by a public health authority of a determination, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee, would jeopardize the health of others; or
(c) results in the recommendation of a health care provider or public health authority, that a family member in need of care by the employee voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee, would jeopardize the health of others.
Family leave also means leave from employment for bereavement purposes due to the death or stillbirth of a child of the employee or a gestational carrier, or an unsuccessful adoption that had been pending and planned by the employee.
Family leave also means leave from employment for bereavement purposes due to the miscarriage, including chemical pregnancy, ectopic pregnancy, and molar pregnancy, or termination for medical reasons of a pregnancy of:
(1) the employee;
(2) the spouse, domestic partner, or civil union partner of the employee;
(3) a person with whom the employee anticipated having a child; or
(4) a gestational carrier.
Family leave also means leave for bereavement purposes due to a failed fertility treatment of the employee, the spouse, domestic partner, or civil union partner of the employee, including, but not limited to, intrauterine insemination and assisted reproductive technology.
With respect to employees who are eligible for leave pursuant to the Family Leave Act, P.L.1989, c.261 (C.34:11B-1 et seq.), notwithstanding any other provision to the contrary, leave for bereavement purposes shall be limited as follows:
(1) For bereavement related to a circumstance for which the employee would not otherwise be eligible for any other kind of leave and benefits under the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), or P.L.2008, c.17 (C.43:21-39.1 et seq.), the employee may take leave for not more than 21 days immediately following the date of the event which is the reason for the bereavement.
(2) For bereavement related to a c