Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
Requires employer to disclose information concerning leave eligibility in hiring package.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning leave eligibility and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. At the time that an employer makes an offer of employment to an applicant, the employer shall disclose, in writing, information concerning the applicants eligibility for leave under the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C.s.2601 et seq.), family temporary disability leave benefits under P.L.2008, c.17 (C.43:21-39.1 et al.), the "New Jersey Security and Financial Empowerment Act," P.L.2013, c.82 (C.34:11C-1 et seq.), and temporary disability benefits under the Temporary Disability Benefits Law, P.L.1948, c.110 (C.43:21-25 et al.). A disclosure through email or by distribution of paper by mail or in person shall constitute disclosure in writing in accordance with this subsection.
b. If an applicant will not be eligible as an employee of the employer for any of the leave or benefits provided for in this section, the employer shall notify the applicant of the applicants ineligibility for each type of leave or benefit for which the applicant will be ineligible to use as an employee of the employer, and the reason for the applicants ineligibility. As part of the disclosure required by this section, the employer shall provide information to the applicant on how to access the webpage concerning employee leave and benefits that the Department of Labor and Workforce Development is required to maintain by section 1 of P.L.2015, c.248 (C.34:1A-1.15).
c. An employer that fails to provide the information required by this section shall be subject to a civil penalty of not more than $500 per violation, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Each failure to disclosure the information required by this section to an applicant shall constitute one violation.
2. This act shall take effect on the first day of the second month next following the date of enactment.
STATEMENT
This bill requires an employer to disclose an applicants eligibility, or lack thereof, to access and utilize family and disability leave and benefits provided for by State and federal law if the applicant becomes an employee of the employer. The disclosure is required to be in writing. As part of the disclosure, the bill requires the employer to notify the applicant if the applicant will not be eligible for any of the leave or benefits and provide the reason for the ineligibility. Additionally, under the employer is required to provide information to access an informational webpage maintained by the Department of Labor and Workforce Development concerning leave and benefits. An employer that does not provide the required disclosures and notifications under the bill will be subject to a civil penalty of not more than $500 for each violation.