The proposed bill establishes a 10-year Menstrual Leave and Remote Work Pilot Program within the New Jersey Department of Labor and Workforce Development, aimed at providing medically necessary leave and remote work options for employees suffering from qualifying menstrual disorders such as uterine fibroids, endometriosis, and polycystic ovary syndrome. Eligible employees must obtain documentation from their treating physician to qualify for up to two full working days of fully paid medical leave and two full days of remote work per month. Employers participating in the program can receive tax credits to offset the costs associated with providing this leave and remote work, with the total value of tax credits for medical leave capped at $10 million annually and remote work tax credits capped at $5 million.
The bill outlines a tax credit structure for employers, allowing them to claim credits against either the corporation business tax or the gross income tax based on wages paid to employees utilizing the leave or remote work options. Employers will receive a dollar-for-dollar tax credit for wages paid during the medical leave program and a 25% tax credit for wages paid during the remote work program, both capped at two days per month. Additionally, the bill includes protections against discrimination, stating that any adverse actions taken by employers against employees for utilizing these benefits will be considered violations of the earned sick leave law, subject to its penalties.