This bill mandates that employers in New Jersey must allow employees suffering from qualifying menstrual disorders to work remotely for at least two full days per month, unless the employer can prove that such an arrangement would impose an undue hardship on their business operations or that the employee is unable to perform their essential job duties remotely. The bill specifies a range of conditions that qualify for this accommodation, including uterine fibroids, endometriosis, and premenstrual syndrome, among others. Employers may require a medical note to substantiate the employee's request for remote work and are prohibited from penalizing employees for making such requests.
In cases of disputes regarding the undue burden of remote work or the employee's ability to perform their duties, the burden of proof lies with the employer, who must demonstrate their claims by a preponderance of the evidence. Violations of this act can result in civil penalties, with fines escalating from $1,000 for the first violation to $10,000 for subsequent violations, enforceable by the Commissioner of Labor and Workforce Development. The bill is set to take effect on the first day of the second month following its enactment.